National Green Tribunal
Grampanchayat Urali Devachi vs Pune Municipal Corporation Through The ... on 19 July, 2019
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
Original Application No. 52/2015(WZ)
And
Original Application No. 195(THC)/2016(WZ)
And
Original Application No. 196(THC)/2016(WZ)
M.A. 439/2016 (CA 178/2015)
In the matter of:
Bhagwan Bhadale & Anr. V/s The Commissioner, PMC & Ors.
And
Grampanchayat Urali Devachi & Anr. V/s Pune Municipal Corporation & Ors.
And
Vineet Dhanda V/s The Chief Secretary, State of Maharashtra & Ors
CORAM: HON'BLE MR JUSTICE S.P.WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Application No.52/2015
Present: Applicant/Appellant : Mr. Asim Sarode Adv
Respondent No.1 : Mr. P.Narayan Adv
Mr.Swapnil Sonawane Adv
Ms. Niharika Shivade Adv
Respondent No.2 Ms.Supriya Dangare Adv
Application No.195(THC)/2016
Present: Applicant/Appellant : Mr Asim Sarode Adv
Respondent No.1 : Mr. P.S.Suryawanshi Adv
Respondent No.6 : Ms Manasi Joshi Adv
Application No.196(THC)/2016
Present: Applicant/Appellant : Mr Asim Sarode Adv
Respondent No.3 : Mr. P.S.Suryawanshi Adv
Respondent No.5 : Ms Manasi Joshi Adv
Date and
Orders of the Tribunal
Remarks
Suppl. Cause
List By order dated July 17,2018 the Municipal Commissioner, Pune
Items No.2-4
July 19, 2018
Municipal Corporation (PMC) was directed to show cause as to why action
under Section 26 read with Section 28 of the National Green Tribunal Act,
2010 should not be instituted against them having failed to comply with the
order of the Tribunal, passed on 18th November, 2017. It had been
reminded that the said order had been passed as a consequence of a
prolonged deliberation with the PMC and the other stakeholders. Substance
of the directions related inter-alia, to disposal of the legacy waste by eco-
friendly bio-remediation process and use of the sites at Urali Devachi and
Fursungi villages as sanitary landfill for disposal of inert waste to its full
capacity until the period of authorisation as stipulated by the Maharashtra
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Pollution Control Board (MPCB) was over.
Suppl. Cause
List
Items No.2-4 It had been also stated on behalf of the PMC during the proceedings
July 19, 2018
that the legacy waste lying at the sites roughly amounted to 2.3lakhs MT
could be handled and disposed of in eco-friendly manner by employing bio-
remediation process and, thereafter it can be gainfully used for disposal of
inert waste like rejects from bio-remediation process and those generated
within the extended limits of the PMC quantified at 40MT per day as
authorized by the MPCB and, after exhausting its capacity at the end of the
authorised period it would be scientifically capped and used for gardening
and such other recreational purposes for common good of the local citizens.
It was also submitted that the Corporation will come up with an action
plan to deal with the incoming waste by handling the mixed waste at the site
on a reducing scale to eliminate the incoming waste within a timeframe. The
details of the proposed action of the PMC will be evident from the order
recorded on 18th November, 2017. It was stated on behalf of the PMC that
an action plan will be presented before us on or before the 15th December,
2017. We had accordingly directed so with further direction to serve copies
of the action plan to the MPCB and other contending parties.
On July, 11, 2018 we had noticed that the action plan for disposal of
legacy waste had not been placed except to state Expression of Interest
(EoI) had been called for on 19th June, 2018. We were taken aback to note
that the action plan required to be presented on 15th December, 2017 had
not been filed. When we asked of the learned Counsel for the PMC on this,
in his answer it was curiously stated that the action plan had been set out in
the affidavit filed by the Municipal Commissioner which also is his show-
cause to the Notice issued to him.
On a perusal of the affidavits we find it to be quite vague and
deficient of materials required of an action plan for such a critical subject.
This in our opinion, reflects gross negligence, indifference and casualness
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Suppl. Cause on the part of PMC in dealing with such a serious matter even when it is
List
Items No.2-4
July 19, 2018
being monitored judicially.
In M.C.Mehta Vs Union of India, 2004 (12) SCC 118 it has been
held that "if the regulatory authorities either connive or act negligently by
not taking prompt action to prevent or avoid or control the damage to
environment, natural resources and peoples' health and property, the
principles of accountability for restoration and compensation have to be
applied."
The present case is a classic example where a public body has failed
to perform its bounden duty cast upon it by the statutes under which it has
been created.
The Municipal Commissioner is not present but in his place the
Additional Municipal Commissioner has appeared. As noted earlier, the
affidavit filed on 17.7.2018 is said to be in compliance of the order dated
November 18, 2017 which is also stated to be a show cause filed on behalf
of the Municipal Commissioner to the Notice issued under Section 26 read
with Section 28 of the National Green Tribunal Act, 2010.
The explanation given in the affidavit is not sufficient to satisfy us as
to why the PMC has failed to comply with the directions that were based on
their own statements.
We, however, for the moment, do not intend to pass any order on
this, as Mr. Rajendra Nimbalkar, IAS, the Additional Municipal
Commissioner, PMC prays that the Municipal Corporation may be granted
at least two (2) months within which all actions as directed vide order dated
November, 18, 2017 shall be complied with, particularly, in dealing with the
legacy waste. Considering submissions of the Additional Municipal
Commissioner, we allow time of two months as prayed for.
However, the prayer seeking exemption of payment of penalty of
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Suppl. Cause ₹2Crores is not acceptable and, therefore, we direct that a Bank Guarantee
List
Items No.2-4
July 19, 2018
of ₹2Crores be deposited in the account of the MPCB as performance
guarantee.
The PMC shall file an interim report after one month from today on
the progress and status of the work. We further clarify that the action sought
for from the PMC shall not be confined only to the legacy waste but shall
also include other aspects dealing with the MSW as prescribed under the
MSW Rules, 2016.
The report shall be filed within time stipulated.
List on 20th September, 2018, but interim report shall be filed on 20th
August, 2018.
List on 20th September, 2018.
...................................,
Justice S.P.Wangdi, JM
19-7-2018
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Dr.Nagin Nanda, EM 19-7-2018 hkk Page 4 of 4