The Applicant challenged stone crusher units for non-compliance with environmental norms. The Tribunal noted the MPCB reported no dust damage to crops and verified replies from operators. No further action was required pending verification of compliance replies.
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(Pune Bench)
Item No: 5
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO.137 OF 2023 (WZ) [Earlier Letter Petition No.12/2023]
Laxman Gayanu Kalugade
…. Applicant
Versus
Member Secretary, MPCB .… Respondents
Date of Hearing : 11.09.2024
CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : None present
Respondents : Ms. Manasi Joshi, Advocate for R-1/MPCB
ORDER
Page 1 of 2
approach road and flexible telescopic chute from top of discharge point to the ground level to Conveyer Belts, for which MPCB has issued directions under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 for non-compliance. It is also reported orally by the learned counsel for respondent No.1 that the responses to the said directions have been received which need to be verified and after going through the replies of aforesaid four stone crusher units, they would be taking appropriate action.
Dinesh Kumar Singh, JM
Dr. Vijay Kulkarni, EM
September 11, 2024 O.A. No.137/2023(WZ) npj
Page 2 of 2
2 issues framed by the court
Whether default exists after MPCB verifies replies from stone crusher units regarding compliance with directions issued under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevent
Whether damage to crops and land was caused due to dust emission from the stone crushers.
2 provisions across 2 enactments
Laxman Gayanu Kalugade
Member Secretary, MPCB
Dinesh Kumar Singh
Vijay Kulkarni
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
