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2024 Supreme(Online)(NGT) 4675

NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
DINESH KUMAR SINGH, J, DR. VIJAY KULKARNI, ACJ
Prakash Agrawal – Appellant
Versus
Nahar Builders Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Tanaji Gambhire, Mr. Vijay Mhaske, Mr. Ratan Bhingardive
For the Respondents: Mr. T.N. Subramanian, Mr. Rubin Vakil, Mr. Kalpesh Shah, Mr. Mohnish Bhasin, Mr. Amit Mishra, Mr. Jagdish R. Patil, Ms. Manasi Joshi, Mr. Aniruddha S. Kulkarni, Mr. Manoj Wad, Mr. Kapil Agarwal, Mr. Saket Mone, Mr. Abhishek Salian

JUDGMENT

1. This Original Application has been filed with the main prayers that a direction may be issued to respondent No.1 – Nahar Builders Limited to obtain Environmental Clearance (EC) and Consent to Operate (CTO) for all the activities being done by it in accordance with the EIA Notification, 2006 and the provisions of the Water (Prevention and Control of Pollution) Act, 1974 ; direction may be issued to respondent No.5 – SEIAA, Maharashtra to take note of violation of EC Notification and take action against respondent No.1; a direction may be issued to respondent No.1 – Project Proponent to process for setting up of STP and handling of its exhaust in a proper manner so as to avoid the stench and odour which is troubling the tenants and direction may be issued to assess the Environment Damage Compensation (EDC) for the violations to be levied from respondent No.1.

2. In the body of the application, it is submitted that respondent No.1, which is a construction company, has constructed 14 buildings in Sector R12 at Chandivali Farm Road, Mumbai. The applicant is one of the residents of the township built by the said company for last four years. The applicant is now disturbed by hig

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