National Green Tribunal
Mrs. Indu Gupta vs Goel Ganga Group on 5 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 39/2015(WZ)
Indu Gupta & Ors. Applicant(s)
Versus
Goel Ganga Group & Ors. Respondent(s)
Date of hearing: 05.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Respondent(s): Mr.Ajay Gadegaonkar, Advocate for R1
Ms.Supriya Dangare, Advocate for Irrigation Dept. PMC
Mr. Sameer Khale, Advocate for R.11 (PMRDA)
Mr. Akshay C Tapkir, Advocate for R 15
ORDER
1. Grievance in this application is against encroachment of river bed and flood plains of Ramnadi in Pune. According to the applicants, Respondent No. 1 - Goel Ganga Group has raised major constructions in the bed of the river. The State Authorities have failed to perform their responsibility of protecting the flood plains by taking action against the illegal encroachments. This has resulted in flooding, causing deaths and damage to the property. There were protests by the affected victims but no adequate remedial action has been taken for protecting the flood plains against the encroachment and pollution. Irrigation Department needs to demarcate the flood plain and the State PCB needs to take 1 action against the pollution. Pune Municipal Corporation (PMC) needs to maintain the flood plains.
2. The application was filed on 06.04.2015 and came up for hearing on 20.04.2015 when the application was admitted and notice was issued to the respondents. The Tribunal appointed a joint Committee to ascertain facts with regard to illegal construction and other damage to the river and the environment and also directed the PMC and PMRDA to ensure that no illegal construction is allowed on either side of the river bank. The Tribunal also directed that blue line may be demarcated by the Irrigation Department and dumping of debris may be prevented.
3. The matter has been dealt with by several orders from time to time in the light of pleadings of the parties and was last considered on 05.07.2018. The Tribunal noted that the Irrigation Department had already demarcated the red and blue lines and prepared survey map which has been handed over the PMC. The Tribunal accordingly directed PMC, PMRDA and Irrigation Department to take action and file action taken report. It was also directed that river be protected from any pollution.
4. In pursuance of the above, PMC has filed affidavit dated 12.07.2018 as follows:-
"2. According to directions given by this Hon'ble Tribunal this respondents has given a public notice in daily Sakal dated 28.01.2016 informing public at large that Survey/inspection of Ramnadi will be carried on between 01.02.2016 to 15.02.2016 and people can remain present at the time of said survey/inspection. Accordingly, the said survey was carried out by Executive Engineer, Pune Municipal Corporation, Executive Engineer, PMRDA, Engineer Irrigation Department and T.I.L.R. of Land Record Departments, in the presence of people who were present at that time. Such inspection was carried out by all technical correctness and authenticity as directed by this Hon'ble Tribunal.
3. Irrigation Department is supposed to mark blue line and red line on both sides of river and give a map to Pune Municipal 2 Corporation. However, in the present case irrigation department has submitted/ gave the map of blue line and red line of Ramnadi in January 2016 to Pune Municipal Corporation.
4. The said area came within the jurisdiction of Pune Municipal Corporation in 1997. Before 1997 the sanctioning authority for construction was Collector, Pune. As Irrigation Department has not marked blue line and red line Pune Municipal Corporation has given permission for construction outside the green belt of the said river within the residential zone.
5. It is pertinent to note that, there is no construction in green belt and river bed of the said river. There is historical temple known as Someshwar Temple which is within the blue line of the river. There are some constructions within the blue and outside the river bed which are very old and they were in existence before the said area came within the jurisdiction on Pune Municipal Corporation. There is no construction made on the water body or river bed. The existing structures do not affect the water flow of Ramnadi. The existing structures are not encroaching the boundaries of the river.
As regards discharge of domestic water and sewage in the Ramnadi is concerned. I say that the right bank of the Ramnadi is within the jurisdiction of Pune Municipal Corporation and Pune Municipal Corporation has laid down drainage line. The said drainage line is connected to Baner Sewage treatment plant. Hence there is no discharge of domestic water or sewage in Ramnadi from area of Pune Municipal Corporation."
5. None appears for the applicant. According to learned counsel for the PMC and the State PCB remedial action having been taken, no further grievance survives.
The application is accordingly disposed of without prejudice to the remedies of aggrieved parties if any grievance survives.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM 3 Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM July 5, 2022 Original Application No. 39/2015(WZ) A 4