ORDER

1. T his application has been filed with the prayers that respondent no. 1/ Highland Builders and Developers & Eternity be restrained from proceeding with the work of land filling in flood plain area; Respondent No. 1 be directed to restore the flood plain to its original conditions.

2. In brief facts of the case are that the respondent no. 1 started development work at the site of Survey No. 59/1/2, 59/1/1/B and 59/1/1/C relates Village Anandvalli, opposite Rushiraj Habitat, Navshya Ganapati Parisar, Near Vrindavan Lawns, Gangapur Road, Nashik. The project proponent is carrying out excavation, ground leveling and other development works, which is adjacent to Godavari River.

3. During rainy season, the water of Godavari extends to flood plain area, photograph of which is annexed at Annexure-6.

4. The activity of land filling being done by the respondent no. 1 in flood plain area is adversely affecting and reducing the expansion of Godavari river during monsoon, which results in flooding of blue line area of Nashik, hence the above prayers have been made.

5. This matter was considered by us on various dates prior to 10.01.2023, when we constituted a joint committee comprising CPCB, MPCB and NMC with the directions to visit the site and submit the factual and action taken report and also directed to issue notices to the respondents.

6. In pursuance to our above direction, the Joint Committee has submitted its report dated 28.04.2023, the relevant portion of which is quoted herein below :-

“I. Observations and findings This report is outcome containing factual and action taken report of the said joint committee based on the preliminary information received from the nodal agency, followed by site inspection, information given by the PP & Nashik Municipal Corporation (NMC) through MPCB and subsequent discussions of the joint committee. The observations & findings of the joint committee are given as below:

i. PP has obtained Environmental Clearance (EC) by SEIAA, Maharashtra vide letter No. SIA/MH/MIS/211115/2021, dated 13/10/2021 for construction of a residential project named “HALLMARK” for total plot area of 12,162 sq.m with Total Built Up Area (TBA) of 80,747.53 sq.m (FSI: 57,854.5 sq.m & Non-FSI: 22,893.03 sq.m) based on plan approval vide no. A1/BP/IOD/312/2021, dated 30/09/2021 for residential building Wing-A: LG+ST+PO+34,Wing-B:

LG+ST+PO+34, Wing-C: LG+ST+PO+34, Wing-D: LG+ST+PO+34, Wing -E:LG+ST+PO+34 and Wing-F: LG+ST+PO+09 respectively. Copy of EC dated 13/10/2021 is given at Annexure-2.

ii. PP has obtained building sanction permission and commencement certificate vide no. LND/BP/A1/BP/588/2022, dated 31/03/2022 from NMC for construction of said residential building. Copy of IOD plan of the proposed residential building project of the Survey no.59/1/1/B + 59/1/2 + 59/1/1/C + 59/1/3/1, Anandwali, Nashik as approved by NMC vide dated 30/09/2021 and copy of building permission & commencement certificate issued by NMC vide dated 30/03/2022 is given at Annexure-2A & 2B respectively.

iii. PP has applied for Consent to Establish (CTE) to MPCB on

16/03/2022 for total plot area of 12,162 sq.m and TBA 80,747.53 sq.m (FSI: 57,854.5 sq.m & Non-FSI: 22,893.03 sq.m), which is as per EC dated 13/10/2021. Wherein it is observed that without obtaining CTE, the PP has started construction activities; as it is evident during the joint committee inspection dated 13/02/2023. Construction works of Wing-E, D and A, B & C were in progress i.e. up to plinth level was completed for Wing-E & D and up to 1^st beam level was completed for Wing-A & B.

iv. As per the information provided by the PP, total excavated quantity of soil from the project site during construction of the said residential project is as follows: