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2024 Supreme(Online)(NGT) 979

Item No.2 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

Original Application No.60/2023 (WZ)

[Earlier O.A. No.456/2022(PB)(LP)]

Pavel Boloyangov …..Applicant Versus State of Goa & Ors.

….Respondents Date of hearing: 27.09.2024 CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Applicant : None appeared Respondents : Ms. Supriya Dangare, Advocate for R-1/State of Goa &

R-4/District Magistrate Mr. Prasad Shahapurkar, Advocate for R-2/Village Panchayat Mr. Manish Salkar, Advocate for R-3/GSPCB

ORDER

1. None has appeared from the side of applicant despite repeated calls.

2. In the present Original Application, the Principal Bench of this Tribunal vide order dated 29.07.2022 has taken cognizance of this matter suo moto on a complaint made by the Complainant- Mr. Pavel Boloyangove, Resident of Khalchawada, Arambol, Pernem, Goa, to the effect that some people have recognized a place of garbage separation, which is located 200 meters away from the Panchayat and the schools. They bring many bags of garbage, collected from the village, to the spot and separate the useful things like plastic bottles, cardboard, cans, irons etc. so that they could get money and thereafter, they burnt rest of the garbage, which contains mostly plastic, that generated dangerous chemicals, toxic and carcinogenic smoke, putting the life of the local residents to health hazard.

3. From the reply affidavit dated 01.08.2024 filed by the respondent No.2-Secretary, Village Panchayat, Arambol, it is clear that some unknown person had burnt garbage at Chanaiwada, Arambol. After through enquiry made by the answering respondent with the ward member of the concerned ward and the owner of the property- Shri Sunil Gawade, it was communicated that Shri Chinna Vannarashi had burnt the garbage over there and therefore, a fine of Rs.5,000/- (Rupees Five Thousand Only) has been levied from this person on 27.09.2022, receipt of which is annexed at page no.54 of the paper book and thereafter, Panchayat warned him not to burn the garbage anymore in future.

4. It is further mentioned in this affidavit by the respondent No.2 that the Village Panchayat is collecting the wet garbage from the commercial establishment by engaging the contractor- Shri Jagaram Nishad, who takes the garbage to the MRF Shed for segregation and thereafter, the same is transported to Garbage Treatment Plant at Saligao, Bardez Goa for disposal.

5. In view of the above-mentioned affidavit filed by the respondent No.2, we find that adequate steps have already been taken by the respondent No.1 by imposing penalty of Rs.5,000/- on the person, who was found guilty for throwing and burning the garbage at the site in question and for future also, warning has been issued to him. It is also informed through this affidavit that the wet garbage is being taken to the MRF Shed for segregation and thereafter, the same is transported to the Garbage Treatment Plant at Saligao, Bardez Goa for being disposed of.

6. In view of above, there should not be any grievance left to the applicant in the present Original Application and dispose of this application accordingly.

Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 27, 2024 Original Application No.60/2023 (WZ)

[Earlier O.A. No.456/2022(PB)(LP)]

P.Kr

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