The Tribunal held that the project required no prior Environmental Clearance as its Total Built-up Area was under 20,000 sq. mtrs. The application was also deemed time-barred as construction completed in 2013.
Application disposed of; no EC required as BUA under 20,000 sq. mtrs.; matter time-barred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(Pune Bench)
Item No.7
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.153 OF 2023 (WZ)
Ravindra Laxman Barhate
…..Applicant
Versus
Commissioner, PMC, Pune & Anr.
….Respondents
Date of hearing: 04.07.2025
CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : None present. Respondents : Mr. Rahul Garg, Advocate along-with Mr. Shubham Rathod, Advocate for R-1/PMC Ms. Manasi Joshi, Advocate along-with Ms. Pooja Natu, Advocate for R-2/MPCB.
ORDER
25.07.2023, 19.02.2025 and 25.04.2025.
Page 1 of 4
“13. I say and submit that the Project consist of 4 wings A, B, C, D following are the details:-
14. I say and submit that FSI area is 10,903.56 sq mtrs. and Non-FSI area is 5,509.97 sq mtrs, Total Built Up area is 16,413.53 sq. mtrs.”
Page 2 of 4
Proponent has been wrongly shown to be less than 20,000 sq. mtrs. by Respondent No.1- PMC. In fact, the same is higher than 20,000 sq. mtrs. He has drawn our attention to Annexure–G (Colly.), which information, he has stated to have been gathered under RTI, in which the total area of the Project is found mentioned to be approximately 17,116.776, if the entire area is totaled up.
Page 3 of 4
Dinesh Kumar Singh, JM
Dr. Vijay Kulkarni, EM
July 04, 2025 ORIGINAL APPLICATION NO.153 OF 2023 (WZ) P.Kr
Page 4 of 4
3 issues framed by the court
Whether construction requiring prior EC under EIA Notification 2006 where total built-up area is below 20,000 sq. mtrs.
Whether the original application is time-barred due to completion of construction in 2013.
Whether time should be granted for filing a rejoinder affidavit given undisputed total area figures.
Ravindra Laxman Barhate
Commissioner, PMC, Pune
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
