National Green Tribunal
Tanaji Balasaheb Gambhire vs The Chief Secretary Government Of ... on 30 June, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 56/2020(WZ)
(I.A. No.82/2020)
Tanaji Balasaheb Gambhire Applicant
Versus
Chief Secretary, Govt. of Maharashtra & Ors. Respondent(s)
Date of hearing: 30.06.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Nitin Lonkar, Advocate
ORDER
1. Grievance in this application is against violation of environmental norms in setting up of a housing project - 'River Residency' developed by M/s. River Residency Developers, Pune.
2. According to the Applicant, the project is in blue flood line of Indrayani River. Construction waste has been dumped into the river. Constructions have resulted in blockage of natural water body no. 23, shown in the Irrigation Plan. Parking complex is illegal. Groundwater has been illegally extracted. Operation of RMC plant is illegal. D.P. roads have been illegally constructed in blue flood line in violation of EC conditions. Waste handling is unscientific and against the norms. Several other violations have also been mentioned. It is stated that substantial part of the project has already been completed resulting in irreversible and 1 continuing damage to the environment in violation of statutory mandate under the Environment (Protection) Act, 1986 along with Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Municipal Solid Waste Rules, 2016. The applicant has filed development plan of the Pune Municipal Corporation, minutes of the SEAC meetings, EC granted by the SEIAA, Maharashtra on 07.10.2011, consent to operate from the State PCB in 2017, demarcation plan for the project by the PCMC and some other documents and photographs.
3. We have heard learned Counsel for the applicant. A perusal of the application and the documents show prima-facie violation of environmental norms warranting seeking a response from the project proponent and the statutory regulators. To assess the factual ground situation, we find it necessary to constitute a five-member joint Committee comprising CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune. The nodal agency for coordination and compliance will be the State PCB. Meeting of the joint Committee may be held within two weeks from receipt of a copy of this order. The Committee may visit the site and interact with the stakeholders. It will be open to the Committee to take assistance from any other institution/individual. In the light of the facts found the statutory authorities may take remedial action. Factual and action taken report may be furnished to this Tribunal within three months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF with an advance copy to the project proponent for its response, if any, before the next date. The report may include information about demarcation of blue line, status of dumping of C& D and other waste, change in water course of river and other water 2 course/body, permission for ground water extraction, grant of CTE and compliance of stipulated conditions, construction of structures in the area in question.
The applicant may serve a set of papers on CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune and file affidavit of service within one week.
A copy of this order be forwarded to CPCB, State PCB, SEIAA, Maharashtra, Irrigation Department, Maharashtra and District Magistrate, Pune by e-mail for compliance.
List for further consideration on 18.11.2021.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM June 30, 2021 OA No. 56/2020(WZ) (I.A. No.82/2020) DV 3