Item No.9 (Pune Bench)

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

APPEAL NO.18 OF 2025 (WZ)

I.A. NO.35 OF 2025 (WZ)

Ludovico Goveia …..Appellant Versus GCZMA & Anr. ….Respondents Date of hearing: 03.06.2025 CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Appellant : Mr. Parag S. Rao, Advocate along-with Mr. Shivshankar Swaminathan, Advocate.

Respondents : Mr. Shubham S. Priolkar, Advocate for R-1/GCZMA Mr. Ameya Kakodkar, Advocate along-with Mr. Pratik Rajopadhye, Mr. Ameya Ranade and Ms. Maithili Rane, Advocates for R-2.

ORDER

1. This appeal has been filed by the appellant, seeking quashing of the order dated 18.12.2024 passed by Respondent No.1- GCZMA, whereby a sum of Rs.39,47,16,000/- (Rupees Thirty Nine Crores Forty Seven Lakhs Sixteen Thousand Only), by way of an EDC amount, has been directed to be deposited, on the grounds that the said order is passed by Respondent No.1 in contravention to the provisions of the Environment (Protection) Act, 1986, which provides as below:-

“15. Penalty for contravention of provisions of Act, rules, orders and directions.—(1) Wher