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News Item Titled Authorities Fail to Prevent Dumping of Construction & Demolition Waste in Pune Rivers Appearing in the Hindustan Times Dated 04.07.2024 v. the State of Maharashtra through Pune Municipal Corporation through Its Commissioner

NGT11 Sept 2024Original Application No. 161/2024

Case brief

AI extract

What is this about?

The National Green Tribunal Warded Offset Bench disposed of an application regarding dumping of construction and demolition waste in Pune's Mula, Ramnadi, and Pawna rivers. The court held that existing directions in O.A. No.90/2021 covering the constitution and functioning of the River Management and Rejuvenation Committee are sufficient and no separate order is required.

What did the court decide?

No separate direction or order is required; the application is disposed of based on existing orders passed in O.A. No.90/2021.

News Item Titled Authorities Fail to Prevent Dumping of… — Environment and Pollution | NGT (2024)

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(Pune Bench)

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Item No: 6

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[Through Physical Hearing (with Hybrid Option)]

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ORIGINAL APPLICATION NO.161 OF 2024 (WZ) [Earlier O.A./L.P.NO.794/2024]

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News Item titled “Authorities Fail To Prevent Dumping of Construction & Demolition Waste In Pune Rivers”, appearing in The Hindustan Times dated 04.07.2024

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Date of Hearing : 11.09.2024

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CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Respondents : Mr. Rahul Garg, Advocate for R-1/PMC Ms. Manasi Joshi, Advocate for R-2/MPCB

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ORDER

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This Original Application has been transferred to this Bench by the Principal Bench of this Tribunal, which is being taken up by us for the first time, wherein the issue raised is in respect of dumping of C & D waste in the area of Bopodi and cognizance was taken on a news item titled “Authorities fail to prevent dumping of construction & demolition waste in Pune rivers”. Notices were issued to three respondents, out of which on behalf of respondent No.1 – Pune Municipal Corporation (PMC), learned counsel Mr. Rahul Garg has appeared today and filed compilation of documents. Through these documents, he has drawn our attention to this Tribunal’s order dated 26.09.2022 passed in Original Application No.91 of 2021 (Shailaja Deshpande Vs. Maharashtra Pollution Control Board & Anr.), wherein in sub-clause (v) of paragraph no.10, following is recorded:

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“A specific River Management and Rejuvenation Committee be set up for rivers namely Mula and Ramnadi, which shall comprise of atleast one member each from State Pollution Control Board, Pune Municipal

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Page 1 of 4

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Corporation, Pimpri-Chinchwad Municipal Corporation, Collector, Pune, Water Resources Department, Pune Cantonment Board and Khadki Cantonment Board. The Divisional Commissioner shall be the Chairperson of the said Committee. This Committee shall hold meetings every three months in order to appreciate the problems arising with respect to cleaning the riverbeds as well as the banks of the rivers and take necessary measures in that regard consistently. The Committee shall also take care of the redressal of the grievances raised by the public, if any. The Committee shall be constituted within a period of one month .

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After having drawn our attention to above directions/order, it is submitted by learned counsel Mr. Garg that the Committee comprising Divisional Commissioner, as Chairperson, along with one member each from PMC, PCMC, MPCB, Collector, Pune and Water Resources Department, Pune Cantonment Board and Khadki Cantonment Board, is holding meeting regularly in compliance with this Tribunal’s directions, quoted above, which is on-going process and on regular basis, monitoring is being done to see that the C & D waste is collected from the place where it is being dumped.

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From the side of respondent No.2 – MPCB, learned counsel Ms. Manasi Joshi has appeared and submits that an affidavit dated 03.09.2024 has been filed from their side, wherein it is recorded that the PCMC is constructing a new bridge at Bopodi to connect Bopodi and Sangavi villages. The bridge construction work has been completed and now final finishing work is in progress. The PCMC has constructed four pillars in river and abutment wall of approx.. length of 75 meters in river water. Clay, stone, debris, construction and demolition waste was found dumped on the left bank of river Mula. Some quantity of debris was found dumped on the right bank of river near Bopodi bridge towards PMC side. The natural nalla flow is obstructed to some extent. The flood situation occurs in every rainy season

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Page 2 of 4

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at Mantri Riviera Society due to obstruction to natural flow of water of river and nalla.

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With respect to Ramnadi, it is recorded in the affidavit of MPCB that earthen bandh was constructed across Ramnadi near Skyi Songbird Society, Bhugaon, Pune by nearby farmers. Due to heavy rainfall and Ramnadi water flow, earthen bandh was washed out, which was constructed in Ramnadi water flow. No debris was found dumped in Ramnadi.

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As regards Pawna river, it is stated in the said affidavit that near Kalewadi bridge, at Section 34, Thergaon, Pimpri-Chinchwad, a huge quantity of debris, construction and demolition waste, domestic solid waste was found dumped along the bank of river Pawana. Due to heavy rains, the said dumped material is flowed towards river and PMC has provided C & D waste treatment plan for the treatment of C & D waste at S.No.129/2, village Wagholi, Taluka Haveli, District Pune. PMC has obtained Consent to Operate from the MPCB for the said project, which is valid upto 31.12.2026 and the installation capacity of the said plant is 250 MT/day.

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With regard to action taken by the MPCB, it is mentioned in their affidavit that it has issued directions to Municipal Commissioner, Pune Municipal Corporation and Pimpri-Chinchwad Municipal Corporation on 12.12.2023, 05.02.2024 and 09.07.2024 under Section 5 of the Environment (Protection) Act, 1986 for implementation of the C & D Waste Management Rules, 2016.

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After having considered the replies/affidavits of PMC and MPCB, cited above, we find that the matter has already been dealt with by us in Original Application No.90/2021, while dealing with the pollution taking place in Ramnadi and Mula river in Pune area when we had directed constitution of a Committee, namely “River Management and Rejuvenation Committee”, which has been constituted and it is holding meetings regularly. The order passed

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Page 3 of 4

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by us in O.A. No.90/2021 contains the directions for all the rivers flowing through PMC and PCMC areas. Hence, no separate order/direction is required to be passed/issued in this case.

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With above observations, we dispose of this Original Application.

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No order as to costs.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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September 11, 2024 O.A. No.161/2024(WZ) npj

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Page 4 of 4

News Item Titled Authorities Fail to Prevent Dumping of Construction & Demolition Waste in Pune Rivers Appearing in the Hindustan Times Dated 04.07.2024 v. the State of Maharashtra through Pune Municipal Corporation through Its Commissioner

Case brief

What is this about?

What did the court decide?

News Item Titled Authorities Fail to Prevent Dumping of Construction & Demolition Waste in Pune Rivers Appearing in the Hindustan Times Dated 04.07.2024 v. the State of Maharashtra through Pune Municipal Corporation through Its Commissioner

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

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