ORDER

1 . The Tribunal in continuation of the earlier orders, is passing the following order:-

(i) Heard the detailed and forceful submissions of Mr. Ritwick Dutta, Learned Counsel appearing for the original applicant.

(ii) During the course of arguments, he has also invited the attention of this Tribunal to the list of dates with annexures A-1 dated 10.11.2021 and also placed heavy reliance upon the Technical Report No. 5886 dated January, 2021 done by the Central Water and Power Research Station, Pune which comes under the Department of Water Resources, River Development and Ganga Rejuvenation, Central Water and Power Research Station, Pune, Ministry of Jal Shakti, Government of India and would submit that the only solution is to remove the 59 piers which came across the River Mula-Mutha in the city of Pune and relocate the same and reconstruct the fresh piers on the parallel 120 feet road and that was the original alignment proposed also.

(iii) However, the respective Learned Standing Counsel appearing for the respondents would strongly oppose the said plea by submitting that a thorough and detailed study has been done by the expert committee and taking into consideration the public consensus and sentiments, a fair and conscious decision has been taken to locate the piers across the city of Pune and further points out that the earlier studies as to the flooding level would also indicate, there would not be any flooding or inundation, on account of the construction of the said piers and prays for further time to advance arguments in the main application itself.

(iv) The Learned Counsel appearing for the Applicant responding to the said submission would submit that in the light of the technical and other scientific issues involved, prays for physical hearing of this original application.

(v) The Tribunal has carefully considered the rival submissions and also perused the materials placed on record.

(vi) In the light of the voluminous nature of the documents etc., the Tribunal is of the prima facie view that the effective hearing through video conference may not be feasible. However, a call would be taken in this regard, at an appropriate time.

(vii) Call on 06.01.2022.

2. I. A. No. 126/2020(WZ)- the present application is taken out by the Maharashtra Metro Rail Corporation (MMRC)-Respondent No.6 in the original application praying for recall of the order dated 07.07.2020 in and by which, the Tribunal has constituted a committee consisting of (i) Delhi Metro Rail Corporation Ltd.(DMRC)-Respondent No.3, (ii) Maharashtra State Pollution Control Board (MSPCB)- Respondent No.4., (iii) Maharashtra Metro Rail Corporation Ltd. (MMRC)- Respondent No. 6 and (iv) Pune Municipal Corporation-Respondent No.1.

2(a) Mr. S. Mishra, Learned Counsel appearing for the applicant would submit that in the light of the final judgment made in Original Application No. 130/2018 coupled with the earlier judgment of the Hon’ble Supreme Court of India, it is crystal clear that the present project cannot be stalled and it has been made clear in the said order that by following all the safeguards suggested by the expert committee, it should be done with a further direction, directing the said committee to inspect the ongoing project once in two months and if any further directions are issued, the project proponent will be bound by the same.

2(b) Per contra, the Learned Counsel appearing for the respondent no.1/original applicant would submit that de-hors the constitution of the said committee, the Central Water and Power Research Station, Pune has submitted its Technical Report No. 5886 dated January, 2021- Mathematical Model Studies of River Mutha for Maharashtra Metro Rail Corporation Ltd. Pune and in the light of the same, coupled with the materials placed on record, prays for early disposal of the original application.

2(c) The Tribunal has carefully considered the rival submissions and also perused the materials placed before it.

2(d) It is not in dispute that an