National Green Tribunal
The Cliff Garden Condominium B And C ... vs Gram Panchyat on 10 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Org. Application No. 75/2021(WZ)
(I.A. No. 01/2022)
The Cliff Gardem Condominium B & C Applicant
Versus
Gram Panchayat, Maan & Ors. Respondent(s)
Date of hearing: 10.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Mr. Saurabh Kulkarni, Advocate
Respondent: Ms. Manasi Joshi Advocate for MPCB
Mr. Rahul Garg, Advocate for PMRDA
Mr. Chetan Nagare, Advocate with Sarpanch, Gram Panchayat Maan in
person
ORDER
[
1. Grievance in this application is against failure of Authorities in the State of Maharashtra to follow Solid Waste Management Rules, 2016 in Village Maan, Tal. Mulshi, Dist. Pune, near housing society - Cliff Garden Condominium, MIDC infotech Park, Maan, Pune.
2. The applicant is an association of apartment owners of the housing society - Cliff Garden Condominium, MIDC infotech Park, Maan, Pune. According to the application, 650 flat owners have purchased flats in the project for which EC was granted on 30.09.2014 and flats were handed 1 over on 03.08.2019. The village Panchayat is dumping garbage and untreated sewage on the boundary of the project. The waste is resulting in threat to public health due to menace of mosquitoes, flies, etc. Unscientific handling of waste is also resulting in air and water pollution as shown in the photographs annexed. According to the applicants, there is also failure of responsibility by Authorities named - Collector, Zila Parishad, Environment Department, State PCB, MIDC, PMRDA, Forest Department, CPCB, State government and Central government. Applicant has also referred to the photographs of the garbage, media reports on the subject and representations made to the Authorities.
3. On 23.11.2021, the Tribunal issued notice to the Panchayat, Zila Parishad, Collector, State PCB and PMRDA. Thus, the role of only Authorities to whom notice has been issued is to be considered today and not of any other Authorities. We are not permitting any counsel representing parties to whom notice has not yet been issued, for the time being.
4. From the photographs annexed, it appears that there is huge garbage lying dumped without any effective management. Source of garbage is not known though it is said to be dumped by the Panchayat. It is also not clear how the garbage generated in the applicants housing project is being handled. If it is not being properly handled, it has to be ascertained whether the applicants are contributing such garbage.
5. Thus, it will be appropriate to require factual report in the matter for fixing the accountability for ensuring compliance of Solid Waste Management Rules, 2016 and fur further directions. 2
6. Accordingly, we constitute a joint Committee comprising of Secretary, Rural Development, Director Panchayat, Director Environment, State PCB and Collector Pune to ascertain facts and whether the statutory authorities have performed their responsibility. If not, what further course of action is to be adopted. State PCB will be the nodal agency for coordination and compliance.
7. In O.A No. 606/2018, relating to Compliance of Solid Waste Management Rules, 2016, this Tribunal interacted with the Chief Secretary, Maharashtra and vide order dated 08.04.2019, directed identifying model villages where the Rules will be complied in the first instance, to be followed by compliance in other villages in the State. The exercise was to be completed within six months from the date of the order which was passed, more than two years back. The Committee may ascertain the status of compliance of the said order in respect of the entire State and if the Rules are not being complied, such compliance may be ensured. Factual and action taken report about compliance status as on May 31, 2022 be filed before this Tribunal by June 15, 2022.
List for further consideration on 06.07.2022. A copy of this order be forwarded to the Rural Development, Director Panchayat, Director Environment, State PCB and Collector Pune by email for compliance.
I.A. No. 01/2022
This Application has been filed for interim relief but unless all the facts are verified, such interim relief cannot be granted. However, this does not mean that the Authorities will not perform their duties. It will be 3 open to the applicants to approach the concerned Authorities with the grievance which may be looked into in accordance with law, pending filing of report by the Committee. I.A No. 01/2022 is disposed of accordingly.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM March 10, 2022 Org. Application No. 75/2021(WZ) (I.A. No. 01/2022) AB 4