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2022 Supreme(Online)(NGT) 1886

NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
MR. RAM BABAN BORKAR – Appellant
Versus
UNION OF INDIA THROUGH SECRETARY MOEF & CC – Respondent


Advocates:
For the Petitioner: NITIN NARAYANRAO LONKAR, NITIN LONKAR, SONALI SURYAWANSHI
For the Respondent:

JUDGMENT

1. Since the facts involved in both these matters i.e. Original Application No.48/2020 (WZ) and Appeal No.42/2020 (WZ), grounds raised therein by the applicant/appellant and the legal position are identical, both the matters are being decided and disposed of by this common judgment.

2. By filing Original Application No.48 of 2020 (WZ), the applicant has prayed that the respondents be directed to demolish the illegal structures at the site in question and restore the area; respondent Nos.14 – M/s Yerrowda Investments Ltd and respondent No.15 – M/s Deepak Fertilisers and Petrochemicals Corporation Ltd be directed to deposit amount of environment compensation on the ―polluter pays‖ principle; the exemplary and deterrent special damages be levied from respondent Nos.14 and 15 for not developing 10% landscape area as per norms; respondent No.9 – PMC be directed to forfeit all the benefits arising from the present project with permanent prohibition on construction; respondent No.3 – Environment Department, Govt. of Maharashtra, respondent No.4 – SEIAA, Maharashtra and respondent Nos.7 and 8 – MPCB be directed to initiate prosecution against the Project Proponents for violating th

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