Disposed

Lalitkumar Namdeo Chaudhari v. the Chief Secretary Maharashtra State

NGT8 Jul 2025IA No. 77/2025 in Original Application No. 23/2025

Case brief

AI extract

What is this about?

Joint Committee Report received finding no violation; applicant withdraws interim stay; obstruction to amend original application allowed; adjourned for replies.

What did the court decide?

Interim stay remedy demurred not pressed; leave to amend original application granted; time granted for rejoinders.

What the court decided

Lalitkumar Namdeo Chaudhari vs the Chief Secretary… — Writ and Judicial Review | NGT (2025)

¶1

(Pune Bench)

¶2

Item No.6

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

¶4

[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

¶5

ORIGINAL APPLICATION NO.23 OF 2025 (WZ) I.A. NO.77 OF 2025 (WZ), I.A. NO.177 OF 2025 (WZ) & I.A. NO.196 OF 2025 (WZ)

¶6

Lalitkumar N. Chaudhari

¶7

…..Applicant

¶8

Versus

¶9

The Chief Secretary, Maharashtra & Ors.

¶10

….Respondents

¶11

Date of hearing: 08.07.2025

¶12

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

¶13

Applicant : Mr. Maitreya Ghorpade, Advocate along-with Applicant in-person Respondents : Mr. Aniruddha S. Kulkarni, Advocate for R-1/Chief Secy. Mr. Sangramsingh R. Bhonsle, Advocate along-with Mr. Y.S. Tadvi, Ms. Pushkara A. Bhonsle, Ms. Sneha S. Bhonsle and Mr. Naman S. Sherstra, Advocates for R-4 to 6 Ms. Manasi Joshi, Advocate along-with Ms. Pooja Natu, Advocate for R-7/MPCB Mr. Nrupal Dingankar, Advocate for R-11.

¶14

ORDER

¶15

In compliance with our previous order dated 03.06.2025, the Joint Committee has submitted its report dated 26.06.2025, wherein with respect to Ecologically Sensitive Zone, it is submitted that the site in question is not ecologically sensitive zone, as no such Notification has been issued by the Central Government in this regard.

¶16

With respect to construction, it is further submitted in this report that the site in question has 9 huts, 3 Villas, 3 swimming tanks, 12 cottages, 12 suites and 3 house boats. Inspection of some of the

¶17

Page 1 of 6

¶18

constructions like open ampi-theatre, stage and corridor are ongoing by the Committee. As the total BUA of the construction is 13,000 sq. mtrs. (i.e. less than 20,000 sq. mtrs.), as per the EIA Notification- 2006, Environmental Clearance would not be applicable. The Executive Engineer, Waghur Dam Division (not party) had obtained Environmental Clearance for the dam site on 27.10.2006 by the Ministry of Environment, Forest & Climate Change, New Delhi, a copy of which is annexed as Annexure-R-3 at page no.388-390 of the paper book, which is found to be revised EC due to increase of height of the dam by 2 meters.

¶19

With respect to the issue related to illegal construction of approach road in forest area, it is further submitted in this report that the Range Forest Officer, Muktainagar had recommended for the construction of road having length 1200 mtrs. and width 3.75 mtrs. vide letter dated 30.01.2023, as requested by the Gram Sabha. Based on this, Office of the Deputy Conservator of Forests, Jalgaon Forest Division had issued permission for the construction of the said approach road vide letter dated 13.02.2023. A total of 0.45 ha. area was given for this purpose, which falls under Comp. No.494, Kurha West Beat, Kurha Panache Round, Muktainagar Range in Jamner Taluka. The land was permitted for construction of the approach road only under the condition that it must not be used for any other purpose other than what it was permitted to. Also, no trees were to be felled, no wildlife (including birds) was to be harmed, no material from forest was to be used for the road work and special care was to be taken to ensure that no violation of Indian Forest Act 1927, Wildlife Protection Act 1972, Forest Conservation Act 1980 and other related forest Acts/Laws were in place.

¶20

With respect to the issue related to Sewage & Noise Pollution, it is further submitted in this report that Respondent No.10- M/s Backwoods Emerald Resorts has provided three (03) numbers of Sewage Treatment

¶21

Page 2 of 6

¶22

Plant (STP) of 10 KLD each capacity, for the treatment of sewage generated from hotel, restaurant and resort activities and the same was found in operation during the visit. During visit, no noise pollution was observed. Respondent No.10 has obtained the Consent to Establish and 1^st Consent to Operate from the Maharashtra Pollution Control Board on 19.08.2024 with the condition that this Consent shall not be considered as an exemption from obtaining necessary NOC/Permission from any other Government Authorities. The said consent letter dated 19.08.2024 is annexed as Annexure – V.

¶23

With respect to NOC for Sailing of Boats, it is further submitted in this report that ‘No Objection Certificate’ dated 16.09.2024 has been issued for sailing of boats by the Water Resources Department, Mantralaya Mumbai, a copy of which is annexed as Annexure – VI.

¶24

With respect to permission for Development Work of Tourism, it is further submitted in this report that for development work of tourism by the Tapi Irrigation Development Corporation, Jalgaon (Waghur Dam Division) (not party), permission dated 12.05.2020 has been obtained from the Executive Engineer, PWD, Jalgaon. The resort has also obtained ‘No Objection Certificate’ dated 31/12/2024 from the Central Ground Water Authority (CGWA), Government of India, Ministry of Jal shakti, Department of Water Resources, New Delhi for the ground water extraction, which valid up to 30/12/2029.

¶25

Since the above permission has been granted by the Tapi Irrigation Development Corporation, Jalgaon (Waghur Dam Division), we deem it appropriate to implead them as one of the Respondents in the present Original Application and accordingly, direct the applicant to implead the said Authority as Respondent No.12 and place on record an amended memo of parties within a week.

¶26

Page 3 of 6

¶27

In view of above observations made by the Joint Committee, we find that as of now no violation appears to have been caused by Respondent No.10.

¶28

Learned counsel for the applicant has moved I.A. No. 196 of 2025 (WZ) with the prayer to take on record the additional documents and accordingly, corrections may be directed to be made in the paragraphs of the present Original Application.

¶29

In the light of the Joint Committee Report, we deem it appropriate to grant an opportunity of two weeks to learned counsel for the other parties to file objection against the above I.A., if any, and thereafter, we will decide as to whether the same needs to be allowed or not?

¶30

On the very first date of hearing i.e. on 21.02.2025, we had made a query from the applicant, who had appeared in-person, as to under which provision of law and as to how the activities of the Respondents at the site in question would be prohibited, nothing could be shown by him till now. Today, from his behalf, learned counsel Mr. Maitreya Ghorpade has appeared, who seeks last opportunity to show us as to what is the breach of law in the case in hand.

¶31

From the side of Respondent No.4– Superintendent Engineer, Public Works Circle, Jalgaon; for Respondent No.5– Executive Engineer, PWD, Jalgaon Division; and for Respondent No.6– Executive Engineer, Waghur Project Division, learned counsel Mr. Sangramsingh R. Bhonsle has appeared, who submits that he has filed reply affidavit dated 03.07.2025, in which we find that the main thrust has been laid upon the present Original Application being time barred and other objections as well. Learned counsel for the applicant seeks two weeks’ time to file rejoinder affidavit against the same. We grant him the said time.

¶32

Page 4 of 6

¶33

From the side of Respondent No.11- Pankaj Shashikant Birla, learned counsel Mr. Nrupal Dingankar has appeared, who submits that he has already filed reply affidavit dated 07.07.2025 in this matter. The same is taken on record. A copy of the same is said to have been served upon the applicant, who seeks two seeks’ time to file rejoinder affidavit against the same. We grant him the said time.

¶34

Learned counsel for the applicant has filed objection dated 07.07.2025 to the Joint Committee Report. The same is taken on record, in which we do not find any significant to have been mentioned. The point, which has been raised in para no.5 from sub-para (a) to (d) in this objection, does not appear to be relevant for us to be considered because these are the issues, which would be considered by us after hearing all the parties concerned.

¶35

I.A. NO.77 OF 2025 (WZ)

¶36

This I.A. has been filed by the applicant praying therein that an interim order may be passed restraining the Respondents from carrying out construction and any type of human activity until the final disposal of the present Original Application.

¶37

Learned counsel for Respondent Nos.4 to 7 has filed objection to the the above I.A. with respect to the interim relief. The same is taken on record.

¶38

Learned counsel for Respondent No.11 has also filed objection against the said I.A. with respect to the interim relief, which is also taken on record.

¶39

After hearing the arguments learned counsel for the other parties on the above I.A. for some length of time, learned counsel for the applicant

¶40

Page 5 of 6

¶41

submits that he does not want to press this I.A. for interim relief. We allow his prayer and dispose of I.A. No.77/2025 (WZ) as ‘not pressed’.

¶42

Learned counsel for Respondent No.7- MPCB has filed reply affidavit dated 18.06.2025 in this matter, wherein it is submitted that answering Respondent had granted Consent to Establish to Respondent No.10 only on 19.08.2024 for Hotel and Resort under ‘Orange’ Category, which is situated at Gat No.121, Shingayat Shivar, Waghur Backwater Island, Tal: Jamner, District: Jalgaon, subject to certain terms & conditions by imposing penal fees, which is valid upto 31.07.2026.

¶43

An I.A. NO.196 OF 2025 (WZ ) has also been filed by the applicant with the prayer to allow the amendment with addition of the documents and accordingly corrections in the paragraphs of the present Original Application.

¶44

We direct the applicant to serve a copy of above I.A. upon all other parties through email and within two weeks thereafter, response may be filed by the other parties, if so required.

¶45

We also direct learned counsel for the other parties to file objection against the Joint Committee Report, if any, within two weeks.

¶46

Put up this matter for further consideration on 21.08.2025.

¶47

Dinesh Kumar Singh, JM

¶48

Dr. Vijay Kulkarni, EM

¶49

July 08, 2025 ORIGINAL APPLICATION NO.23 OF 2025 (WZ) I.A. NO.77 OF 2025 (WZ), I.A. NO.177 OF 2025 (WZ) & I.A. NO.196 OF 2025 (WZ) P.Kr

¶50

Page 6 of 6

Lalitkumar Namdeo Chaudhari v. the Chief Secretary Maharashtra State

Case brief

What is this about?

What did the court decide?

What the court decided

Lalitkumar Namdeo Chaudhari v. the Chief Secretary Maharashtra State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Tahir Hasan vs State of Uttar Pradesh

Utkarsh Singh Chauhan vs

Residents Welfare Association vs Horticulture Department of Municipal Corporation Delhi West Zone

Residents Welfare Association vs Horticulture Department of Municipal Corporation Delhi West Zone

1. Fakir Mohan Patel S/O Jay Karan Patel Aged About 64YEARS vs 1. State of Odisha through Additional Chief Secretary Forest and Environment Climate Change Department Government of Odisha

Nakul Kumar Gupta vs Uttarakhand Forest

Sajimon Joseph Narakathingal House vs Chief Secretary Govt of Kerala

Shashikant Vitthal Kamble vs Ministry of Environment and Forest and Climate Change (Moef & Cc) New Delhi.

Shri Ravindra Laxman Barhate vs Pune Muncipal Corporation

Charan Bhatt vs Ministry of Environment Forest and Climate Change

News Item Titled Six Killed in Explosion at Firecracker Unit Near Nagpur Appearing in the Hindu Dated 13.06.2024 vs Petroleum & Explosives Safety Organisation (Peso) through Its Administrative Head

Paramparik Machimmar Bachav Samajik Kruti Samittee vs Maharashtra Coastal Zone Management Authority

Green Space through Its President Mr Praveen Dlima vs State of Goa