National Green Tribunal
Maruti M Kadam vs Mrs. Apurva Natwar Parikh & Company Pvt. ... on 5 December, 2024
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (With Hybrid Option)]
ORIGINAL APPLICATION NO. 75 OF 2024 (WZ)
[Earlier Letter Petition No. 39 of 2024(WZ)]
Maruti M. Kadam .... Applicant
Versus
M/s. Apurva Natwar Parikh
& Co. Pvt. Ltd. & Ors. ....Respondents
Date of hearing : 05.12.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Applicant in-person.
Respondent : Mr. Aniruddha Kulkarni, Advocate for MSPCB.
ORDER
1. In compliance of order dated 25.04.2024 the Deputy Conservator of Forest, Thane, Maharashtra and Member Secretary, Maharashtra Pollution Control Board were directed to submit reports regarding truthfulness of the complaint made to this Tribunal.
2. In compliance thereof report dated 31.05.2024 has been filed by Sub-Regional Officer, Mumbai IV on behalf of MSPCB.
3. We have gone through the report and we find that MSPCB has not verified truthfulness of the complaint regarding the construction in 1 question being situated within eco sensitive zone of Sanjay Gandhi National Park.
4. No report has been filed by the Deputy Conservator of Forest, Thane, Maharashtra.
5. The Registry is directed to issue notice along with copy of the order passed by this Tribunal to the Deputy Conservator of Forest, Thane, Maharashtra again requiring him to file his report at least one week before the next date of hearing fixed.
6. In the facts and circumstances of the case, we also consider it appropriate that notice be also issued to the Project Proponent for filing its response to the averments made in the application.
7. At this stage Mr. Saurabh Kulkarni, Advocate has appeared and accepted notice on behalf of Project Proponent and he seeks four weeks time for filing of response.
8. Learned Counsel for MSPCB also seeks four weeks time for filing of additional report.
9. Response by the Project Proponent, report by the Deputy Conservator of Forest, Thane, Maharashtra and additional report by MSPCB be filed at least one week before the next date of hearing fixed. 2
10. List on 06.02.2025 for further consideration.
Arun Kumar Tyagi, JM Dr. Vijay Kulkarni, EM December 05th, 2024 O.A. No. 75/2024 (WZ) ag 3