Municipal Corporation v. Maharasthra Pollution Control Board

NGT5 Nov 2024Original Application No. 204/2024

Case brief

AI extract

What is this about?

The Tribunal rejected a separate application seeking waiver of Environmental Damage Compensation, observing that the matter is already pending and must be decided in the prior pending application to avoid multiplicity of proceedings.

What did the court decide?

Application rejected; applicant permitted to move appropriate proceeding in pending Original Application No.69/2022 by next date.

Municipal Corporation vs Maharasthra Pollution Control Board — Writ and Judicial Review | NGT (2024)

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(Pune Bench)

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Item No.1

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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.204 OF 2024 (WZ)

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Sangali-Miraj-Kupwad Municipal Corporation ….. Applicant

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Versus

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Member Secretary, Maharashtra Pollution Control Board

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.…. Respondents

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Date of Hearing : 05.11.2024

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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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Applicant : Ms. Supriya Dangare, Advocate

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Respondent : Mr. Vilas Jadhav, Advocate for MPCB

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ORDER

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Today, learned counsel for the applicant has appeared and states that since the officials of the applicant Corporation are busy in the election duty, she may be granted four weeks’ time. She further stated that she would seek instructions as to whether this application is to be withdrawn and would move an application in Original Application No. 69/2022, which is pending consideration before us.

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We have perused the order dated 15.02.2024 passed in Original Application No.69 of 2022 (WZ), wherein in paragraph Nos.7 and 8, we had directed respondent Nos.4 and 5 therein – MPCB to submit calculations of Environmental Damage Compensation (EDC) in respect of respondent No.7 – Sangli-Miraj-Kupwad Municipal Corporation (applicant in the present Original Application) and accordingly the amount of EDC was calculated by respondent Nos.4 and 5 – MPCB to the tune of Rs.33,60,00,000/- (Rupees Thirty-Three Crores), which is apparent from their compliance affidavit dated 04.05.2024 submitted in Original Application No.69/2022, against which

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objections were to be filed by respondent No.7 (applicant in the present application) and the matter (O.A. No.69/2022) is still under consideration.

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However, in the meantime, respondent No.7 (present applicant) has moved this Original Application No.204/2024 with a prayer that the respondent-MPCB may be directed to waive the EDC amount of Rs.33 Crores and it be directed to verify the measures adopted by the applicant. This relief should not have been sought by moving a separate Original Application as is being done by the applicant because the said matter (Original Application No.69/2022) is still under consideration before this Tribunal. Therefore, we are of the view that the present application (O.A. No.204/2024) needs to be rejected because it would lead to multiplicity of the cases and we leave it open to the present applicant to seek same prayer in Original Application No.69/2022 (WZ), which is still pending consideration before us, by moving appropriate proceeding/application before the next date fixed i.e. 23.01.2025.

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With the above observations, Original Application No.204/2024 (WZ) is rejected.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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November 05, 2024 ORIGINAL APPLICATION NO.204/2024(WZ) npj

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Municipal Corporation v. Maharasthra Pollution Control Board

Case brief

What is this about?

What did the court decide?

Municipal Corporation v. Maharasthra Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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