Disposed

Dilip Tukaram Vede Patil v. Pmc through Municipal Commissioner

NGT10 Sept 2024Original Application No. 96/2024

Case brief

AI extract

What is this about?

The court disposed of an application alleging illegal road construction, stream filling, and pollution by the Pune Municipal Corporation. Relying on the commission's report stating the work was legally permitted for realignment and channelization, the judgment noted the applicant's non-appearance and dismissed the matter with no findings.

What did the court decide?

The Original Application was disposed of as there were no issues left to be decided due to the applicant's non-appearance.

Dilip Tukaram Vede Patil vs Pmc through Municipal… — Environment and Pollution | NGT (2024)

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(Pune Bench)

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Item No.3

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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.96/2024(WZ) Earlier L.P. No.45/2023(WZ)

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Dilip Tukaram Vede Patil

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…..Applicant Versus

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The Commissioner, Pune Municipal Corporation (PMC) & Anr. Date of hearing: 10.09.2024

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….Respondents

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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 : None appeared Respondent : Mr. Rahul Garg, Advocate for R-1/PMC

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ORDER

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The Registry has informed the applicant by email dated 09.09.2024 about the hearing fixed in the matter today. But despite repeated calls, none has appeared from the side of applicant.

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The issues raised in this Original Application are that the respondent No.1- PMC has given the contract for road construction to the respondent No.2- M/s. J.P Enterprises, which is making illegal construction of an internal road connecting the area at Bavdhan Khurd; and the work, which is being done by the said respondent is of extremely poor quality. Besides that, the respondent No.1 has filled the natural stream with soil thereby interrupting the flow of water stream, resulting in suffering caused to the local residents residing nearby the area in question and also causing huge air and noise pollution.

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In this regard, vide order dated 25.04.2024, we had called for a report from the Municipal Commissioner, Pune Municipal Corporation

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Page 1 of 2

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(PMC) regarding truthfulness of the complaint made to us. In compliance with the same, the respondent No.1- PMC has submitted its report dated 19.08.2024, wherein it is submitted that an inspection was made of the site in question from which it revealed that the Development Plan Road as shown in the Development Plan is overlapped by a nalla.

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It is further submitted in this report that as per Rule 3.1.1(ii), details of which are mentioned in para no.3(d), PMC has powers to change the alignment of the Nalla. Accordingly, the Municipal Commissioner, PMC granted the permission on 02.02.2022 to realign the nalla in question. It is further mentioned that the work of construction of Retaining wall and its culvert is in process. The construction of the proposed road is yet to commence. It is false allegation that PMC has filled the natural stream and interrupted the flow of water stream. In fact, the PMC is working to channelize the nalla so that water can flow easily. Photographs of the area in question are also annexed as Annexure- B with the said report.

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Since the applicant has not appeared before us nor has he filed any objection to the report submitted by the PMC, we do not find anything left to be decided in the present Original Application and dispose of this application accordingly.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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September 10, 2024 Original Application No.96/2024(WZ) Earlier L.P. No.45/2023(WZ) P.Kr

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Page 2 of 2

Dilip Tukaram Vede Patil v. Pmc through Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Dilip Tukaram Vede Patil v. Pmc through Municipal Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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