National Green Tribunal
Dr Pramod Eknathrao Jadhav vs The State Of Maharashtra Through The ... on 6 August, 2025
Item No.7,8&9 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.03 OF 2023 (WZ)
With
REVIEW APPLICATION DIARY NO.2704138013812025 IN O.A.NO.3/2025
Sandip Sheshrao Jadhav .... Applicant
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
ORIGINAL APPLICATION NO.79 OF 2023 (WZ)
Dr. Pramod Eknathrao Jadhav .... Applicant
Versus
The State of Maharashtra & Ors. ... Respondents
WITH
ORIGINAL APPLICATION NO.53 OF 2023 (WZ)
With
I.A. NOs.218/2023 and 85/2024
Sanjay Khandu Navrire & Ors. .... Applicants
Versus
The State of Maharashtra & Ors. ... Respondents
Date of hearing : 06.08.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Mr. Avinash M. Nagarkar, Advocate in all O.As.
Respondents : Mr. Vilas Jadhav, Advocate for R-3/MPCB in all O.As.
Mr. Anuradha Mantri, Advocate for R-4/Zilla Parishad
Mr. R.B. Mahabal, Advocate for R-5 - M/s Radico NV Distillaries
Maharashtra Ltd in all O.As.
Mr. Prabhakar K. Joshi, Advocate for R-7 to R-15 and R-21
in all O.As.
Mr. Saurabh Kulkarni, Advocate along with Mr. Adwait
Gokhale, Advocate for R-6, R-16 and R-18 in all O.As.
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ORDER
REVIEW APPLICATION DIARY NO.2704138013812025:
1. Today, from the side of the applicant in Original Application No.03 of 2023 (WZ), this Review Application is moved with a prayer that paragraph No.3 of the order dated 16.04.2025 passed in Original Application Nos.3 of 2023, 79 of 2023 and 53/2023, may be expunged (It should have been mentioned as Review Application for correction in the order dated 16.04.2025). Copy of this order is stated to have been served on the respondents, who have not filed written objections, but learned counsel for the respective respondents have argued orally.
2. We have gone through the said order dated 16.04.2025 passed by us in these matters and in paragraph No.3 thereof, we have written as follows:
"It is also written in the said affidavit by the applicants that the report of Dr. Abhinav Mane has already been discarded by this Tribunal holding that the same was conducted by a private body."
3. From the side of respondent Nos.6, 16 and 18, learned counsel Mr. Saurabh Kulkarni has appeared and urged that in fact, the applicants had filed Soil Contamination Report submitted/prepared by Geotech Experts (a private agency) by way of annexure to the objections filed against the Joint Committee report, which was considered by this Tribunal and the Tribunal expressed the above view that the same was conducted by a private body, hence it needs to be discarded. Instead of this, this Tribunal by mistake mentioned in paragraph No.3 of the said order that the said fact was written in the additional affidavit of the applicant dated 23.02.2025. Therefore, necessary correction may be made in the said order in paragraph No.3.
4. From the side of respondent No.3 - MPCB, learned counsel Mr. Vilas Jadhav has appeared and has accepted the said fact.
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6. Learned counsel for other respondents, who have appeared today, have expressed no objection for the said correction being made.
7. Accordingly, we modify the said order dated 16.04.2025 as far as paragraph No.3 thereof is concerned and the same is substituted as below:
"This Tribunal had considered the Soil Contamination Report, submitted by Dr. Abhinav Mane of Geotech Experts, which is found to be a private agency. Hence the same may be discarded."
8. Paragraph No.3 of our order dated 16.04.2025 may be read as above. With this direction, Review Application is disposed of.
O.A.NOS.03/2023, 79/2023 & 53/2023 :
9. In compliance with our previous order dated 16.04.2025, by which we had directed the Joint Committee to submit its clarification in the light of our order dated 16.04.2025, the same has been submitted by their affidavit dated 04.08.2025, wherein it is recorded that there is no substantial evidence about the involvement of M/s Radico NV Distilleries Maharashtra - respondent No.5 in the incidence of disposal of alleged spent wash/spent wash sludge on Gat No.144. It is further stated that in order to have substantial evidence about the same, it would be appropriate to call for investigation reports by the local police to identify the persons responsible for the incidence. The amount of Environmental Damage Compensation (EDC) to the tune of Rs.22,75,000/- shall be recovered from the accused responsible for the incidence based on the reports to be submitted by the local police. This affidavit also contains the fact that one farmer, namely, Sheshrao Gnyanuba Jadhav has already lodged an FIR with Police Station, Vadodbazar on 05.06.2025 and it appears that the investigation in this matter is pending. Therefore, in our understanding of the matter, from this additional clarification, the Joint Committee recommends recovery of Rs.22,75,000/- from the person/s who would be found guilty in FIR lodged Page 3 of 5 by farmer Sheshrao Gnyanuba Jadhav, if somebody's name emerges, that person will be held accountable.
10. We would also like to mention here that on the previous occasion, we had considered the Joint Committee report, which is at pages 650 to 669 of the paper-book, wherein it is recommended that the amount of compensation as damages for the crops may be assessed by the Agriculture Department on the basis of crop productivity of concerned revenue mandal and minimum support price of the particular crop grown in that year i.e. during 2018 and the same may be levied from M/s Radico NV Distilleries Maharashtra Ltd. This recommendation also appears to be modified in view of the clarification, in which it is clearly stated that respondent No.5 - M/s Radico NV Distilleries Maharashtra has denied their involvement and that after investigation, if somebody's name is identified as culprit/accused of the incidence, then it would be recovered from him.
11. We keep these matters pending to know the name/s of the person/s, who would be held accountable to pay that amount of compensation as to the crops of the applicants for the period in question. According to us, the Appropriate Authority for making the calculation/assessment of compensation is the District Agriculture Officer, Chhatrapati Sambhajinagar. In view thereof, we direct the applicants to implead the District Agriculture Officer, Chhatrapati Sambhajinagar as party-respondent in these matters and further direct the applicants to approach the said newly added respondent to provide evidence of the loss caused to their crops or relevant documents and the period for which they are alleging the calculation of compensation is to be made and whatever further information is required by the Agriculture Officer and thereafter, the Agriculture Officer shall submit his report within two months.
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12. The another recommendation in this Joint Committee was to the effect that concentration of BOD and COD of the ground water samples at Gat Nos.143, 141 and 123 has shown increased trend. Therefore there was need to carry out detailed study by some Expert Body, such as Mahatma Phule Krishi Vidyapeeth, Rahuri, Major Government Engineering Colleges/Institutes and for preparation thereof, time-bound action plan for restoration of that area, so also to prepare DPR for remediation of the contaminated ground water of the aforesaid three gut numbers. We approve of this recommendation also and direct MPCB to get the said study done by one of these Institutions within a period of two months and submit a report thereof before us.
13. Put up these matters for final hearing on 20.11.2025.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 06, 2025 ORIGINAL APPLICATION NOS.03/2023,79/2023 & 53/2024 (WZ) npj Page 5 of 5