Item No.3 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [Through Physical Hearing (with Hybrid Option)]

ORIGINAL APPLICATION NO.140 OF 2024 (WZ)

Manoj Kamalakant Haldankar …. Applicant Versus The Govt. of Goa & Ors. .…Respondents Date of Hearing : 26.09.2024 CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Applicant : Mr. Eeshan Usapkar, Advocate with Mr. Harshad Rathod and Ms. Prema D’Souza, Advocates Respondent : Mr. Shubham S. Priolkar, Advocate for R-1, R-2, R-5 and R-9 Mr. Manish Salkar, Advocate for R-6 Mr. Pravin Naik, Advocate for R-10

ORDER

1. This order is being passed in continuation of our previous order dated

22.07.2024.

2. In compliance with our previous order dated 22.07.2024, the Joint Committee has submitted its report through e-mail dated 25.09.2024, which is annexed at pages 124 to 133 of the paper-book, wherein following observations are made :

“1. The V.P. Assonora has newly constructed MRF shed of Approx.

150 sq.mt in Sy.No.93/1, Assonora, Bardez Goa for the storage of Dry waste. The V.P. Assonora has also constructed a compound wall of 1 m height and area of approx.. 1000 sq.mt. along the boundary of the plot of Material Recovery Facility (MRF) shed to prevent the littering of waste material towards lower ground levels/water bodies nearby.

2. The MRF shed is provided with MS Structure, GI roofing sheets and wall constructed up to 1 m from plinth level. The Material Recovery Facility (MRF) shed is also provided with fabricated grills on all sides in order to avoid littering of waste outside the shed. The said Material Recovery Facility (MRF) shed is not in operation.

3. The Material Recovery Facility (MRF) shed has a proper access road up to the entrance.

4. The Material Recovery Facility (MRF) shed constructed by the Village Panchayat Assonora is located at a distance of  Approx.380m away from the seasonal water stream  Approx.412m away from the seasonal Koneshi waterfall.

 Approx. 770m away from the Tilari water canal.

 Approx.950m away from the residential area/

hospital/institutions etc.

5. The area where the Material Recovery Facility (MRF) shed is constructed is a Plateau. The area behind the MRF shed is also a flat land and the distance between the compound wall of MRF shed & at the beginning of downhill is approx..50 m.

6. The V.P. Assonora has produced the Irrevocable/No Objection Certificate of allotment of Communidade land of area approx..1000 sq.mt. in Sy.No.93/1 for the erection of MRF shed issued by the Communidade of Assonora.

7. The Board has granted approval for the operation of Material Recovery Facility (MRF) vide order no.8/37/24- PCB/6683/Tech/9558 dated 23/07/2024 for the collection, segregation & baling of Dry Waste and the same is valid up to

22/07/2027.

8. As stated by the representative of Forest Department, the MRF shed constructed by the V.P. Assonora in Sy.No.93/1, Assonora Bardez, Goa, does not come under Eco Sensitive Zone.

9. As stated by the representative of Goa State Biodiversity Board, if the said Material Recovery Facility (MRF) is not properly managed during operation, there is a possibility that the pristine area may be polluted with solid waste, hence there must be stringent mechanism for monitoring of routine management of the Material Recovery Facility & periodic inspection should be conducted by the Goa State Pollution Control Board & local Body to ensure that the ecological characteristics of the area does not get polluted due to irresponsible handling/spillage on the way or facility. Only subject to such system in place the facility should be allowed to function.

10. During inspection it was observed that there is a black spot exactly at the entrance of internal road leading towards the MRF shed of V.P. Assonora. The black spot was uncleared and all the waste was scattered all over. The said black spot falls under the jurisdiction of the V.P. Sirsaim & is located at an approx.. distance of 1 km