National Green Tribunal
Nilesh Suresh Chavan vs State Of Maharashtra Through Revenue ... on 6 April, 2023
Item No.7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
ORIGINAL APPLICATION NO.78 OF 2020 (WZ)
Nilesh Suresh Chavan .... Applicant
Versus
The State of Maharashtra & Ors. ....Respondents
Date of Hearing : 06.04.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Rakesh Agarwal, Advocate
Respondents : Mr. Kiran Mahajan, Additional District Magistrate,
Palghar for R-5
ORDER
1. By our order dated 03.11.2022, we had directed the applicant to convince us that the fire crackers fall in the category of hazardous substance and hence, the Notification dated 10.08.2017 would be applicable in the present case because respondent No.18 has been granted licence for the purpose of fireworks and Chinese crackers on 14.10.2015, which was valid till 31.12.2017, which was lateron extended till 31.03.2020 thereafter. In this regard, the learned counsel for the applicant has drawn our attention to Section 4 clause (d) of the Explosives Act, 1884, whereunder the fireworks is defined to fall under "explosive". He has also relied upon the judgment of the Hon'ble Delhi High Court in Manisha Sharma Vs. Commissioner of Delhi Police; 2016(1)AD (Delhi)166 (page 428 of the paper-book), wherein in paragraph No.12 it is recorded, "In my opinion, none can claim a right to carry on business of sale/retail of firecrackers. Firecrackers clearly fall [NPJ] Page 1 of 4 under the Explosives Act 1884 and are hazardous in nature; they emanate sound and foul gases and fine particles in the atmosphere......" With respect to the applicability of even draft notification to be given the same value as that of final notification, he has placed reliance on the judgment of this Tribunal dated 27.02.2019 passed in Original Application No.105 of 2018 (Indian Council for Enviro-Legal Action Vs. Ministry of Environment, Forest and Climate Change & Ors.), wherein in paragraph No.3, it is stated that "We are of the considered opinion that since the final notification for Eco-sensitive zone of Tansa Wildlife Sanctuary has not been notified till date, the Eco-sensitive zone will, therefore, extend to 10 km. distance from the boundary of Tansa Wildlife Sanctuary and therefore operation of all the brick kilns, Commercial Mining, Stone quarrying and Crushing units, setting of industries causing pollution, use of production or processing of any hazardous substances will be prohibited within 10 km Eco-sensitive zone of Tansa Wildlife Sanctuary.....".
2. Having pointed out this opinion, it is submitted by the learned counsel that even on the basis of draft notification, the said opinion was expressed by this Tribunal. Therefore, Wada, Desai and Harsole villages should be treated as eco-sensitive zone despite the notification being only draft notification.
3. In pursuance of our order dated 03.11.2022, we had directed the applicant to annex the licences granted to respondent Nos.12 to 17 and 19 to 21, in response to which he has annexed those at pages 339 to 368 which show that these licences had been extended upto 31.03.2023. On enquiry to the learned counsel for the applicant as to whether those licences have been further extended, he submitted that he is not sure about the same.
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4. By our previous order dated 03.11.2022, we had also directed the District Magistrate, Palghar to submit action taken report in respect of preventing the illegal activity as per the order passed by this Tribunal on 06.11.2020. In pursuance to that, Mr. Kiran Mahajan, Additional District Magistrate, Palghar has appeared through video conferencing today and submits that the reply is filed from their side on 22.11.2022 wherein it is recorded that pursuant to the order dated 06.11.2020 of this Tribunal, directing the action to be taken against handling, trading, storage, stocking, sale and use of fireworks in eco-sensitive area of Wada and Mokhada Talukas in Palghar District covered by Notification dated 10.08.2017. Their office had issued Explosive (Fireworks) permitting for possession and sale from shop licence in villages Harosale, Desai, Balivali, Wada in Wada Taluka and none in Mokhada Taluka. Their office asked for report from Deputy Conservator of Forest, Jawhar vide letter dated 23.11.2020, whether handling, trading, storage, stocking, sale and use of fireworks is restricted/prohibited or allowed in eco-sensitive zone of Tansa Wildlife Sanctuary, whether notification regarding eco-sensitive zone has been promulgated and status of the same. The Deputy Conservator of Forest, Jawhar submitted report on 28.10.2021, as per which villages Harosale and Balivali from Wada Taluka are included in final notification dated 03.10.2018 regarding Western Ghat Eco-Sensitive Zone while village Harsole from Wada taluka is also included in draft notification dated 10.08.2017 regarding Tansa Wildlife Sanctuary. Since storage and sale of Explosive (Fireworks) is prohibited in the eco- sensitive zone as per Environment (Protection) Act, 1986, their office, vide order dated 22.11.2022, cancelled the Explosive (Fireworks) permits for possession and sale from shop licences in village Harosale and Balivali in Wada taluka, issued by their office as per the Explosive Rules 2008 Rule
83. It is further submitted that it was ambiguous whether villages Wada [NPJ] Page 3 of 4 and Desai were included in final or draft notification of eco-sensitive zone. Therefore, clarification has been sought in that regard from the Deputy Conservator of Forest, Jawhar vide letters dated 31.12.2021, 24.01.2022 and 07.06.2022, but the same is awaited. During hearing today, the learned Additional District Magistrate has apprised us that the information which was required from the Deputy Conservator of Forest has already been provided today and that he undertakes to cancel the remaining licences of those shops which are found to be illegal, within 15 days' time.
5. We accept the statement of the Additional District Magistrate on the face of it and expect that the licences of remaining shop-keepers, who are possessing fireworks illegally, will also be cancelled in accordance with law within 15 days.
6. We dispose of this application with a direction that a report shall be submitted by the Additional District Magistrate within one month from today to the effect that all the licences of the shop-keepers, who were found in possession of fireworks illegally, have been cancelled. We further direct that the report/information which has been filed today by the Additional District Magistrate shall be served to the learned counsel for the applicant today by e-mail.
7. The Original Application is disposed of.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April 06, 2023 O.A.NO.78/2023 (WZ) npj [NPJ] Page 4 of 4