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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI _______________________________________________
Original Application No. 66/2019 (WZ)
(I.A. No. 103/2019, I.A. No. 21/2020 & I.A. No. 111/2020)
IN THE MATTER OF:
Kumar City Residents Co-operative Housing Society Ltd.
A Co-operative Housing Society Registered under The Maharashtra Co-operative Societies Act, 1960 Having its Regd. Office at: S.No. 13(1+2+3) (Part)+14 (Part)
Kalyani Nagar, Vadgaon Sheri, Pune 411014 Through its Chairman & Authorized Representative Mr. Divender Kumar Dhamija Age: 63 Years Occ.: Business Email:- dkdhamija366@gmail.com ...Applicant Versus
1 Kumar Urban Development Pvt. Ltd.
A Company registered under The Companies Act Through its Director Mr. Lalit Kumar Keshrimal Jain Office at: Kumar Business Centre, 10th Floor CTS No. 29, Bund Garden Road, Pune-411001
2 Kumar City Co. OP. HSG. Society Ltd.
A Co-operative Housing Society Registered under Maharashtra Co-operative Societies Act, 1960 Having its Regd. Office at: C/o. Kumar Builder, Kumar Business Centre, 10th Floor, CTS No. 29, Bund Garden Road, Pune-411001
3 M/s. Shubh Promoters and Developers At: 401, A/601 B, City Bay, Boat Club Road Pune-411001
4 Pune Municipal Corporation The Municipal Corporation established under the provisions of BPMC Act, 1949 Having its Office at: PMC Main Building Shivajinagar, Pune-411005 Through its Municipal Commissioner 5 The Chairman of Tree Authority Established under the provisions of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 Pune Municipal Corporation Having its office at: PMC Main Building Shivajinagar, Pune-411005
6 The Maharashtra Pollution Control Board Through its Regional Officer Having office at: “Kalpataru Point”, 3rd and 4th Floor, Opp. PVR Cinema, Sion Circle, Mumbai-400022
7 The Maharashtra Pollution Control Board Through its Regional Officer Having office at: Jog Centre, 3rd Floor, Mumbai Pune Road Wakdewadi, Pune-411003
8 The State Expert Appraisal Committee (SEAC-III)
Through its Chairman Having its office at: Mumbai MoEF&CC, Regional Office (WCZ) Ground Floor East Wing, New Secretariat Building, Civil Lines Nagpur-440001
9 The Executive Engineer Khadakvasla Irrigation Department, Pune Sinchan Bhavan, Mangalwar Peth Barane Road, Pune-411011 ...Respondent(s)
Counsel for Applicant:
Mr. Nitin R. Munot, Advocate Counsel for Respondent(s):
Ms. Manshi Joshi, Advocate for MPCB Mr. Aniruddha S. Kulkarni for SEIAA Mr. Rahul Garg, Advocate for PMC Ms. Supriya Dangare, Advocate for Irrigation Dept Mr. Saurabh Kulkarni, Advocate for Kumar Urban Development Pvt. Ltd.
PRESENT:
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Reserved on: 9th March, 2022 Pronounced on: 13th May, 2022 SYNOPSIS Documents Para no Page no 1. Pleadings 1-9 3-8 2. Tribunal Order dated 22.10.2019 10 8
3. Report dated 23.01.2020 11 8-11 4. Tribunal order dated 16.06.2020 12 11-12 5. Affidavit in reply dated 24.02.2020 by applicant 13 12-15
6. IA 103/2019 by applicant 14 16
7. IA 21/2020 by applicant 15-17 16-18
8. IA 46/2020 18 18
9. Reply dated 15.10.2020 by respondents 1 and 2 19-20 18-20 10. IA 111/2020 by respondent 1 21 20-21
11. Reply dated 15.01.2021 by applicant 22 21
12. Affidavit dated 15.01.2021 by applicant 23-24 21-23 13. Arguments 25-26 23-24
14. Issues 27 24-25
15. Consideration on Merit 28-247 25
16. Prefatory Note 28 25-50 17. Issue I–Relating to Limitation 30-64 50-73 18. Issue II–Relating to multiplicity of litigation 65-66 74-75 19. Issue III-Relating to violation of environmental 67-166 75-194 laws/norms equally
20. Environment (Protection) Act, 1986 68-70 76-77 21. Environment Impact Assessment Notification, 1994 71-78 77-82 22. Environment Impact Assessment Notification dated 79-166 82-194
14.09.2006
23. Issue IV–Relating to validity of Environmental 167-212 194-221 Clearance dated 13.12.2019
24. Issue V 213-247 221-234 25. The Criminal Liability-Offence under Prevention of 221-247 224-234 Money Laundering Act, 2002
26. Operative Part 247-248 234
JUDGMENT
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER [
1. This Original Application (hereinafter referred to as ‘OA’) has been filed by a registered Co-operative Housing Society of residents, i.e., Kumar City Residents Co-operative Housing Society Ltd. (hereinafter referred to as ‘Applicant’), under Section 15 read with 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’ complaining that respondents 1 to 3 have cut standing trees; diverted storm water drain by constructing concrete slab work and constructed residential accommodations without grant of Environmental Clearance (hereinafter referred to as ‘EC’), in a most illegal manner, causing degradation and damage to environment and violated provisions of Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as ‘Water Act 1974’) and Environment (Protection) Act, 1986 (hereinafter referred to as ‘EP Act 1986’).
2. Applicant has impleaded Kumar Urban Development Pvt. Ltd. (hereinafter referred to as ‘KUDPL’); Kumar City Co. Op. Housing Society Ltd. (hereinafter referred to as ‘KCCHSL’) ; M/s. Shubh Promoters and Developers (hereinafter referred to as ‘SPD’); Pune Municipal Corporation (hereinafter referred to as ‘PMC’); Chairman of Tree Authority; Maharashtra Pollution Control Board (hereinafter referred to as ‘MPCB’ through its Regional Officer, Mumbai and Pune; State Expert Appraisal Committee (hereinafter referred to as ‘SEAC-III’) and Executive Engineer, Khadakvasla Irrigation Department, Pune as respondents 1 to 9.
3. The facts stated in OA, in brief, are, that respondent 1 (KUDPL) developed a residential project namely, ‘Kumar City’ on the land bearing Survey No. 14, admeasuring 08 ha. & 70.03 R and Survey No. 13B, Hissa no. 1+2+3, admeasuring about 07 ha. & 69.35 R. Total area of land comes to 16 ha & 39.38 R, i.e., 1,63,938 sqm in village Vadgaon Sheri, Tal Haveli, district Pune. Land measuring 23,096 sqm was earmarked/reserved as ‘Amenity Space’ for creating and developing recreational facilities including a Club House, Swimming Pool, Health Club, Party Lawns, Library, Exclusive landscapes, Tennis Court, Indoor Games Court, Restaurants, Jogging tracks etc. for residents of the above residential project. Applicant had some dispute about Amenity Plot with respondents 1 and 2 in respect whereof a Special Civil Suit No. 556/2019 is pending in the court of Civil Judge (S.D.) Pune. Respondent 4, i.e., PMC issued a Commencement Certificate No. 2614/2017 dated 08.01.2018 under Sections 253 and 254 of Mumbai Provincial Municipalities Act, 1949 (hereinafter referred to as ‘MPM Act 1949’) for development of property for commercial purposes at Survey No. 13B (1+2+3) and 14(part), Vadgaon Sheri, Pune.
4. In March 2019, respondent 3 advertised construction of a Commercial Mall at Amenity Plot. Applicant sent letters dated 27.03.2019, 10.05.2019 and 25.07.2019 for disclosure of information regarding proposed but none of the respondents gave any information and compelled applicant to file Special Civil Suit No. 556/2019.
5. Since the plot in question is within urban area, no tree could have been cut without requisite permission of competent authority. Without caring for the objections of applicant, respondents 1 and 3 started cutting of trees, unauthorizedly. In the month of April 2019, a number of trees were cut by respondents 1 to 3 in Amenity Plot and the said illegal act is going on. Photographs of Amenity Plot showing fallen/cut trees are filed as Annexure-A10.
6. A show cause notice dated 09.05.2019 was issued by respondents 4 and 5 but nothing deterred respondents 1 to 3 from going on with their illegal act of cutting of trees in utter violation of environmental laws and norms. There is a natural water stream (nalla) flowing through Amenity Plot, bringing storm and other water from nearby areas/localities and discharge into nearby Mula-Mutha river. PP while developing Amenity Plot for constructing residential project
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