Tanaji Balasaheb Gambhiretanaji ... vs The Chief Secretary Government Of ... on 9 July, 2021

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National Green Tribunal

Tanaji Balasaheb Gambhiretanaji ... vs The Chief Secretary Government Of ... on 9 July, 2021

Bench: Adarsh Kumar Goel

Item No. 02                                                     (Pune Bench)

                 BEFORE THE NATIONAL GREEN TRIBUNAL
                     PRINCIPAL BENCH, NEW DELHI

                             (By Video Conferencing)

                     Original Application No. 50/2020(WZ)
                               (I.A. No. 71/2020)

Tanaji Balasaheb Gambhire                                         Applicant

                                       Versus

Chief Secretary, Govt. of Maharashtra & Ors.                    Respondent(s)


Date of hearing:      09.07.2021

CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
       HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
       HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant:     Mr. Nitin Lonkar, Advocate


                                       ORDER

1. Grievance in this application is against violation of environmental norms by M/s River Residency Developers, M/s Jare Group (Jare World) and M/s V. Sqaure, Pune in developing "river villa" project at Survey No. 90(P), Near River Residency, Village-Chikhali, Taluka-Haveli, District Pune within the limit and jurisdiction of Pimpri-Chinchwad Municipal Corporation (PMMC) on total land admeasuring of 22000 M2. Violations alleged are that construction has been undertaken by reclaiming the land by dumping construction waste from River Residency Project, without requisite permissions and the project is in the blue flood line of Indrayani River.

2. The applicant has listed the violations as follows:-

"

a. Because the construction of bungalow project under taken by the Respondent No. 12-M/s. Jare World & Respondent No. 13- M/s. V Square i.e. Project Proponents is totally illegal and not permissible by any law as the project land is restricted for such type of project.

b. Because the Irrigation department submitted their flood line marking plans for Indrayani River to PCMC near about January 2009 and project site is shown as affected by prohibited blue flood line.

c. Because the project land is part and parcel of Indrayani River and reserved as Green Zone and prohibited bungalow construction under DC rules of PCMC.

d. Because the PCMC incorporated the marking of flood line on their development plan on 18.08.2009 vide EP-87 and project site is shown as affected by prohibited blue flood line.

e. Because the Respondent PP's have under taken construction of entire bungalow plots project in prohibited zone of blue flood line of the Holy Indrayani River.

f. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents in connivance of Respondents No. 11-M/s. River Residency (JV) dumped construction waste and reclaimed the area of project land.

g. Because the Respondent PP's have completed the construction of one bungalow, compound wall and bungalow plots boundary walls in prohibited area of blue flood line.

h. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents are extracting ground water from two bore wells without permission from concern authority.

i. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents are dumping construction waste in Indrayani River.

j. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have blocked the natural flow of Indrayani River.

k. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have diverted the natural flow of Indrayani River.

l. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents are discharging construction waste water into the natural flow of Indrayani River.

m. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have damaged the top soil of project land and there is preservation of top fertile soil.

n. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have caused air pollution due to illegal operation of One DG Sets.

o. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have constructed the internal roads with asphalts causing soil pollution.

p. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have consumed huge quantity of natural resources as by way of processed fine building material.

q. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have made tree cutting.

r. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have completed construction of one bungalow and proposed 99 bungalows in total.

s. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have proposed this project on 5.5 Acre (i.e. 5.5 x 4000 Sq. Mtrs = 22000 Sq. Mtrs.).

t. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have not obtained any layout & building sanction from PCMC.

u. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have not obtained any non-agricultural permission for Land use change from Collector of Pune.

v. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have made illegal Land use change from Green Zone to Residential Zone.

w. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have not obtained any permission form Water Resource Department (Irrigation Department).

x. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have 3 not obtained any permission form Maharashtra Real Estate Regulatory Authority-MAHA RERA.

y. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have not obtained any permission from the MoEF & CC, Environment Department, SEIAA, SEAC and MPCB.

z. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have violated the principle of sustainable development.

aa. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents in connivance with PCMC officer has violated the provisions of Environment enactment and PCMC officers are also equally responsible.

bb. Therefore the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents as well as Respondent authorities has violated the provisions Environment Acts-1986, Water (P & CP) Act-1974 and Air (P & CP) Act-1981.

cc. Because the conduct of Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents is unapologetic and PP's has adopted careless and reckless attitude towards the environment protection. dd. Because the conduct of Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents are cheating public at large.

ee. Because the conduct of Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents have cause huge financial loss to the exchequer by duping the various charges to be paid for construction.

ff. Because the Respondents No. 12-M/s. Jare World & Respondent No. 13-M/s. V Square i.e. Project Proponents has caused substantial damage to environment and ecology more than Rs. 100 Crores, which shall be recovered from PP.

gg. Thus it is mandatory to demolish the project construction and stop further construction permanently."

3. The applicant has relied upon a judgment of this Tribunal relating to the River Residency Project, adjacent to the present project, dated 11.07.2013 in O.A. No. 02/2013, Sarang Yadwadkar & Ors. v. The Commissioner & Ors., holding that construction of project in blue flood line has adverse impact on the ecology as it inter alia affects recharge of ground water, breathing and feeding for the animals and birds. The 4 applicant has also filed a map of the river flood line development plan for the Municipal area, demarcation plan obtained by the project proponent and photographs. It is also stated that flow of the river has been diverted.

It is also stated that no permission taken from the MoEF&CC, SEIAA, Maharashtra, State PCB or RERA and the project will cause irreversible damage to the ecology.

4. Learned counsel for the applicant points out that this Tribunal vide order dated 30.06.2021 in O.A. No. 56/2020 (WZ), Tanaji Balasaheb Gambhire v. Chief Secretary, Govt. of Maharashtra & Ors., where overlapping issues are involved, has constituted a five-Member joint Committee comprising CPCB, SEIAA, Maharashtra, State PCB, Irrigation Department, Maharashtra and District Magistrate Pune. The operative part of the said order is reproduced below:-

"3. We have heard learned Counsel for the applicant. A perusal of the application and the documents show prima-facie violation of environmental norms warranting seeking a response from the project proponent and the statutory regulators. To assess the factual ground situation, we find it necessary to constitute a five-member joint Committee comprising CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune. The nodal agency for coordination and compliance will be the State PCB. Meeting of the joint Committee may be held within two weeks from receipt of a copy of this order. The Committee may visit the site and interact with the stakeholders. It will be open to the Committee to take assistance from any other institution/individual. In the light of the facts found the statutory authorities may take remedial action. Factual and action taken report may be furnished to this Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF with an advance copy to the project proponent for its response, if any, before the next date. The report may include information about demarcation of blue line, status of dumping of C& D and other waste, change in water course of river and other water course/body, permission for ground water extraction, grant of CTE and compliance of stipulated conditions, construction of structures in the area in question."

5. In view of the above, we direct the joint Committee, constituted in the above matter, to visit the site of the present project also and give the status of compliances in its report. The Committee may interact with the stake holders and except for visit to the site conduct proceedings online.

The Committee will be free to take assistance from any other individual/institutions. The statutory authorities are free to take remedial actions in the light of the fact noticed, in accordance with law. The report of the Committee may be furnished within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

The applicant may serve a set of papers on CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune and file affidavit of service within one week.

A copy of this order be forwarded to CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune by e-mail for compliance.

List for further consideration on 18.11.2021.

Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM July 9, 2021 Original Application No. 50/2020(WZ) A 6

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