National Green Tribunal
Krishi Vigyan Arogya Sanstha vs Maharashtra State Power Generation ... on 15 December, 2021
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No 62/ 2021(WZ)
Krishi Vigyan Arogya Sanstha & Ors Applicant(s)
Versus
Maharashtra State Power Generation
Company Ltd. & Ors Respondent(s)
Date of hearing: 15.12.2021.
CORAM: HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
Applicant: Mr. Saurabh Sharma. Advocate for Applicant.
Respondent Mr. R. B. Mahabal, Adv. for R.1
Mr. Rahul Garg, Adv. for R.2 & R.3
Mr. Aniruddha S. Kulkarni, Adv. for R-4 - MPCB.
ORDER
1. The Tribunal in continuation of its earlier orders, is passing the following order:-
2. Heard the submissions of learned Counsel appearing for the Applicant, who has invited attention of the Tribunal to the reply affidavit dated 09.11.2021 filed on behalf of the 4th Respondent with supporting documents and submit though the said reply speaks about issuing of the directions dated 19.06.2019 under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 to the 1st Respondent with further directions to achieve the standard prescribed under Notification dated 07.12.2015 issued by the 2nd Respondent, further action taken, has not been disclosed in the said affidavit and only after the entertainment of this Original Application on 14.9.2021, the officials of the 4th Respondent 1 caused inspection on 26.10.2021 followed by a show cause Notice dated 02.11.2021 to the 2nd Respondent and prays for further orders.
3. Mr. R.B. Mahabal, learned Standing Counsel appearing for 1st Respondent prays for further time to respond to the reply affidavit of the 4th Respondent as well as file reply to the allegations made in the Original Application.
4. Mr. Rahul Garg, learned Counsel appearing for the 2nd Respondent also prays for time to file their response.
5. The Tribunal has considered rival submissions and supporting material before it.
6. It is very pertinent to point at this juncture that this Tribunal had come across in very many cases in which the statutory authority namely the Maharashtra Pollution Control Board, for the reasons best known to them, is not taking necessary and appropriate action against the State Govt. entities against whom, allegations were levelled for violating the environmental norms and the present case is also a one such case. As rightly pointed out by the learned Counsel appearing for the Original Applicant, the 4th Respondent in paragraph No.4, made an averment as to the issuance of Notice dated 19.06.2019 under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 to the 1st Respondent and however, it is silent as to the further action taken in pursuant to the said Notice. The Tribunal is totally dissatisfied as to the said lackadaisical attitude exhibited by the 4th Respondent.
7. The learned standing Counsel appearing for 4th Respondent also prays for time to file an additional affidavit as to the further action taken after issuance of the Notice dated 19.6.2019.
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8. Call on 11.02.2022. Reply affidavits of Respondent Nos. 1, 2 and additional affidavit of 4th Respondent with supporting documents, if any, by then.
9. Communicate copy of this order to the Principal Secretary, (Environment & Forest), Govt. of Maharashtra.
M. Sathyanarayanan, JM Dr. Arun Kumar Verma, EM December 15, 2021 Original Application No 62/ 2021(WZ)hk 3