National Green Tribunal
Dr Pramod Eknathrao Jadhav vs The State Of Maharashtra Through The ... on 12 July, 2023
Item No. 3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
Original Application No. 79/2023(WZ)
Dr. Pramod S/o Eknathrao Jadhav & Ors.
.....Applicant(s)
Versus
The State of Maharashtra & Ors.
....Respondent(s)
Date of hearing: 12.07.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Hrishikesh V. Tungar, Advocate
ORDER
1. This is an application filed with the prayers that direction be issued to respondent No. 5-M/s. Radico NV Distilleries Maharashtra Ltd. and respondent Nos. 6 to 20 (Private parties), who are impleaded in individual capacity, to rehabilitate the applicants to any other suitable places; respondent Nos. 1 to 4 be directed to compute the damage caused to the applicant nos. 1 & 2's health, agricultural lands i.e. Gat No. 143, domestic animals, environment of the applicant at his residence and agricultural lands and assess the compensation; further it is prayed that the respondent Nos. 5 to 20 be directed to pay Rs. 10 lakhs to the applicants towards compensation; respondent Nos. 1 to 4 be directed to compute the damage caused to the applicant nos. 3 to 9's health and assess the compensation; and direction be issued to the said authorities to pay a sum of Rs. 5 lakhs to the applicants Nos. 3 to 9 towards compensation; respondent Nos. 1 to 4 be directed to provide sufficient drinking water to all the applicants for their domestic animals; the respondent No. 3 be directed to enforce their directions dated 25.10.2018 and thereby direct them to remove the contaminated soil, sludge, spent- Page 1 of 3 wash from the agricultural lands of the applicants and be further directed to excavate the contaminated soil up to 70 feet from Gat Nos. 144 and 123 of Village: Pathri, Taluka: Fulambri and the same be replaced with fresh unpolluted soil; and the respondent No. 5 to 20 be directed to treat the well-water and bore-well water so as to make it potable situated at Gat No. 144 and 123 in the agricultural lands of the applicants i.e. Gat No. 143 situated at Pathri, Taluka: Phulambri, District: Aurangabad.
2. The applicants are claiming to be residents of Village: Pathri, Taluka: Fulambri, District: Aurangabad to do agricultural works. The respondent No. 6/Shri Dwarkada Yeshwantrao Bansod (Pathrikar)-cum- President of Mitra Sadhna shikshan Prasarak Mandal Pathri and also the President of Foster Development Trust, Aurangabad; respondent No. 5- M/s. Radico NV Distilleries Maharashtra Ltd. as well as the respondent Nos. 7 to 20 (Private Respondents) have poured spent-wash in the land block Nos. 144 & 123 to the tune of 1000 tankers from 01.01.2018 to June 2018, which has resulted in various kind of medical problems to the applicants, who have incurred tremendous loss to the crops, animals etc.
3. The learned Counsel for the applicants has brought to our notice that earlier a petition i.e. Original Application No. 03/2023 (WZ) was filed by different residents of the same locality for compensation for the same occurrence, where-in this Tribunal had passed order dated 23.01.2023 constituting a Joint Committee as well and the matter is still under consideration. Therefore, it is prayed that this matter should also be clubbed with the same.
4. We find that adequate court fees has been paid as per the report of the Registry dated 03.07.2023 on the amount which is being claimed as compensation by the applicants. We deem it appropriate to admit this application. We, accordingly admit the same.
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5. Registry is directed to issue Notice to the respondents, returnable within 04(four) weeks.
6. Applicant is also directed to take necessary steps for service to the respondents by both ways (Dasti as well as by Registered Post) and also on available e-mail/WhatsApp and submit service affidavit within one week.
7. Applicant is directed to provide copy of the application and relevant documents to the respondents within a week.
8. Respondents are directed to submit their reply affidavit within three weeks and also circulate the same to Applicant as also other respondents by available e-mail.
9. Rejoinder, if any, is directed to be submitted within one week thereafter.
10. We direct the learned Counsel for the applicants to move an amendment with respect respondent No. 5- M/s. Radico NV Distilleries Maharashtra Ltd. because it has not been impleaded through its Director.
11. Registry is further directed to club the present Original Application along-with Original Application No. 03/2023(WZ) and Original Application No. 53/2023(WZ) and list all these matters for further consideration on 31.08.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM July 12, 2023 Original Application No. 79/2023(WZ) P.Kr Page 3 of 3