Disposed

Vanashakti a Public Trust v. Mcgm

NGT3 Feb 2025Original Application No. 87/2023

Case brief

AI extract

What is this about?

The Tribunal disposed of an original application regarding illegally dumped debris at the Aarey Dairy Colony. The Court directed the State Chief Secretary to ensure possession of the site is handed to the MCGM for green cover and slope stabilization within one month.

What did the court decide?

Directed State Chief Secretary to ensure handover of Aarey land to MCGM within one month; MCGM to plant green cover and stabilize slope within three months.

Vanashakti a Public Trust vs Mcgm — Environment and Pollution | NGT (2025)

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Item No.7

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(Pune Bench)

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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.87 OF 2023 (WZ) WITH I.A.NO.168/2023 (WZ) IN O.A. NO.87/2023 (WZ)

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Vanashakti & Anr. … Applicants

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Versus

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Municipal Corporation of Greater Mumbai & Ors. … Respondents

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Date of Hearing : 03.02.2025

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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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Applicants : Mr. Akash Rebello, Advocate holding for Mr. Zaman Ali and Mohammad Mehdi Abdi, Advocates

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Respondents : Mr. Sameer Khale, Advocate for R-1/MCGM

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Ms. Manasi Joshi, Advocate along with Ms. Pooja Natu, Advocate for R-2/MPCB

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Mr. Rahul Garg, Advocate for R-5/CPCB and R-6/MoEF&CC Mr. Aniruddha S. Kulkarni, Advocate for R-7/Envt. Deptt. and R-8/UDD

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Ms. Poonam Tiwari, Legal Officer, for R-9/Aarey Milk Colony

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ORDER

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We are passing this order in continuation with our earlier order dated 15.04.2024, whereby we had, vide paragraph No.13, constituted a Joint Committee, which was to be headed by the Chief Secretary, State of Maharashtra and comprised of one member each of respondent No.1 – MCGM, respondent No.2 – MPCB, respondent No.8 – Principal Secretary, Urban Development Department, State of Maharashtra, respondent No.9 – Chief Executive Officer, Aarey Milk Colony, Environment Department, State of Maharashtra and one Senior Principal Scientist from the NEERI and one Professor from IIT namely Mr. Anil Dikshit, with a direction to submit its report as per directions given therein, within a period of one month. However, an extension was sought by respondent No.7 – Principal Secretary,

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Environment Department, State of Maharashtra for submission of the Joint Committee report, which was granted.

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Instead of filing the Joint Committee report, an affidavit dated 22.10.2024 has been filed by respondent No.7 - Environment Department, Government of Maharashtra, which contained Annexures in Marathi language, which were directed to be translated in English and submitted on record. Now English translation of these Annexures has been submitted on 08.11.2024. Thereafter, this matter is being heard today.

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Today, an e-mail dated 01.02.2025 has been sent by learned counsel Mr. Aniruddha Kulkarni, representing respondent No.7 – Environment Department, wherewith minutes of the meeting dated 30.01.2025, held under the chairmanship of the Secretary, Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, in respect of transfer of the site of illegally dumped debris in the area Survey No.10, village Paspoli, C.T.S. No.83, Taluka Kurla, Mumbai Suburban East, in Aarey Dairy Colony to Brihanmumbai Municipal Corporation is annexed. We take these minutes on record. But prior to that, it would be appropriate for us to consider the affidavit filed by respondent No.7 dated 22.10.2024, wherein it is recorded that by Government Circular dated 06.05.2024, the Environment and Climate Change Department, Government of Maharashtra constituted a committee headed by the Chief Secretary, Government of Maharashtra, of which Regional Officer, Mumbai, MPCB was made nodal agency, which conducted its first meeting on 09.05.2024, which was attended to by all committee members except representative of MCGM. In that meeting, the Chief Secretary had enquired from the representative of MPCB and NEERI as to whether the damage to Mithi river has happened due to dumping of debris, regarding which NEERI and MPCB stated that debris is not going to affect the Mithi river directly. The MPCB conducted the site visit on 10.05.2024 and it was observed that a solid surface was found formed on

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the debris. The Chief Executive Officer of Aarey informed that the affected site is with Aarey and not with the Forest Department. The Construction and Demolition Waste Management Rules, 2016 had not mentioned that the debris should be disposed of by dumping. Therefore, it was recommended that the same should be disposed of scientifically.

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Further it is mentioned that the Committee meeting was again convened on 27.05.2024, wherein it was held that it was difficult to remove the dumped debris (approx. 12 lakhs cubic meters) and shift it to other location and there is a possibility of it causing pollution in the said process. It was held that no further dumping should be done over it and plantation of trees should be done on the said area. It was unanimously decided that the area should be conserved and a public park and green cover should be developed over it. Since the land was with Aarey, the Chief Secretary had directed them to submit a self-explanatory opinion within seven days. It was directed by the Chief Secretary that if any further dumping takes place, the entire responsibility regarding the same would be of Aarey Administration. The Aarey showed its inability to do the work and agreed that the affected area should be handed over to the MCGM for developing a public park and green cover. The applicant, in principle, agreed with the recommendations of the Committee to develop a public park and green cover after doing the slope stabilization. Finally it was decided that a time-bound action plan along with the photographs and other documents would be submitted to the Tribunal in compliance with its directions dated 15.04.2024. The action plan as given in the said affidavit in tabular form is reproduced herein below:

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Further it is mentioned that Aarey Administration conveyed its inability to remove the debris or to develop a public garden and green cover over the area in question because of they not having resources and financial capacity. Regarding handing over the land to the MCGM for conserving the disputed area and for developing a public park and green cover for removing the debris and doing slope stabilization and for initiating the process of handing over the land to the MCGM, Aarey Administration expressed an opinion that it being a policy issue, decision needs to be taken at the Government level and sought guidance from the Government, vide their letter dated 06.06.2024. The Commissioner, Dairy Development Board has communicated to the Deputy Secretary (Milk), Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, Government of Maharashtra, vide their letter dated 12.06.2024, that the proposal has been received by them from Aarey Administration with a request to guide further. The Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, Government of Maharashtra, vide letter dated 21.10.2024, has informed that the opinion was being sought from Revenue and Forest Department regarding transfer of the land to MCGM.

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Thereafter, through an e-mail dated 01.02.2025, referred above, we have received the minutes of the meeting dated 29.01.2025, convened by the Principal Secretary, Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, wherein it is recorded that the Chief Executive Officer, Aarey does not have the machinery and funds to remove about 12 lakh cubic meters of land, having debris dumped thereon i.e. the property of Aarey Dairy Colony and to level of the land and develop the land as a public park/green area and protect the property, it has been directed by the Chief Secretary in the meeting dated 27.05.2024 that the said land should be transferred to Brihanmumbai Municipal Corporation for development of public park and green area. Accordingly, the Revenue Department has

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agreed to possession of the said land to Brihanmumbai Municipal Corporation.

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Learned counsel Mr. Akash Rebello, representing the applicants is present today, who is agreeing to the proposal that the site in question having the debris dumped thereon needs to be covered with green cover and slope stabilization is also to be done, which would be adequate to take care of the issue raised. Since the applicants, through their learned counsel, have accepted the proposal, which has come from the side of respondent No.7 as is reflected from the minutes of the meeting, referred to above, we dispose of this Original Application with following directions to the learned Chief Secretary, State of Maharashtra:

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(I) It shall be ensured that the possession of the land in question is handed over to the MCGM – respondent No.1 within a period of one month.

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(II) Respondent No.1 – MCGM, after having received the possession of the land in question, would carry out the work of green cover of the local species within a period of three months and would do slope stabilization.

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(III) Compliance report in respect of above directions shall be submitted by the Chief Secretary to this Tribunal through its Registrar within one month after completion of the task by the MCGM.

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No order as to costs.

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In view of disposal of Original Application, I.A. No.168/2023 (WZ) stands disposed of.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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February 03, 2025 ORIGINAL APPLICATION NO.87/2023 (WZ) npj

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Vanashakti a Public Trust v. Mcgm

Case brief

What is this about?

What did the court decide?

Vanashakti a Public Trust v. Mcgm

Case brief

What is this about?

What did the court decide?

What the court decided

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