Item No.7 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [Through Physical Hearing (with Hybrid Option)] ORIGINAL APPLICATION NO.63 OF 2024 (WZ)

Vanshakti & Anr. … Applicants Versus Chief Executive Officer, Zilla Parishad, Thane & Ors. … Respondents Date of Hearing : 18.12.2024 CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Applicants : Mr. Zaman Ali, Advocate Respondents : Mr. Nitin Deshpande, Advocate for R-1, R-4, R-5 & R-9 Mr. Aniruddha Kulkarni, Advocate for R-2, R-3, R-6, R-8 & R-10 Mr. D.M. Gupte, Advocate for R-7

ORDER

1. We are passing this order in continuation of our previous order dated

18.03.2024.

2. From the side of the applicants, learned counsel Mr. Zaman Ali has appeared.

3. From the side of respondent NOs.1, 4, 5 and 9, learned counsel Mr. Nitin Deshpande has appeared, from the side of respondent Nos.2, 3, 6, 8 and 10, learned counsel Mr. Aniruddha Kulkarni has appeared while from the side of respondent No. 7 – Deputy Conservator of Forests, learned counsel Mr. D.M. Gupte has appeared.

4. From the side of respondent Nos.1, 4 and 5, an affidavit dated 16.12.2024 has been filed, wherein an unconditional apology has been tendered by the learned counsel for himself and on behalf of the said respondents for filing the report of the Joint Committee, which was not signed by all the members of the Committee. For the reasons stated in the affidavit, we accept the unconditional apology tendered before this Tribunal.

5. Today, from the side of respondent No.3 – MPCB, an affidavit dated 17.12.2024 has been filed, stating therein that out of four locations in question, (i) at location at Survey Nos.190, 191, 192, 193, 194, 195 and 196 in front of Bombay Dhaba Mumbai-Nashik Highay, Village Anjur, Taluka Bhiwandi, during the visit, mixed solid waste, construction waste/debris were found dumped unscientifically and some vehicles were found dumping waste material at pipeline side, which has resulted in increase in waste material over the site in question; (ii) at location at Survey No.219, Village Anjur, Taluka Bhiwandi, during the visit, near pipeline, mixed solid waste was found dumped and some material was found burnt due to which smoke was observed and also due to the plantation, they were unable to find out the exact situation of the material/waste dumped there; (iii) at location at Survey No.103 and 105, Diva Anjur, Taluka Bhiwandi, during the visit, mixed solid waste was found dumped unscientifically, which was found to be less compared to the previous Committee’s visit dated 03.08.2024 and (iv) at location at Survey No.223/11A near Sanskar English Medium School, Village Anjur, Taluka Bhiwandi, on 03.08.2024 when the Committee visited the site, no waste material was found as the same had been removed by the Gram Panchayat, Anjur.

6. Our attention is drawn by the learned counsel for the applicants to the Joint Committee report, relevant portion of which is quoted hereunder: “During the visit of the Committee, by visiting all the four places mentioned in the application, incidental inspection was done and responses were recorded as necessary. According to it –

01. When visited to the Survey no. 190, 191. 192. 193, 194, 195, 196 Total Area 9-21-51 Ha. R. and survey no.199 Area 2-02-80 Ha.R situated in front of Bombay Hotel along Mumbai Nashik Highway within the limits of Gram Panchayat Dive Anjur Taluka Bhiwandi, landowner of Survey No.190 Mr.Kunal Ravindra Patil was present and according to his personal statement, solid waste, debris etc have been dumped illegally on his property by the unknown person. The person concerned has no idea who put the said material. Also, it is seen that on approximately 1,10,000 sq.m area, there is garbage and debris.

02. When visited to the Survey No.219 Area 2-62-90 Ha.R of situated at Gram Panchayat Dive Anjur,Taluka Bhiwandi, the landowner Mr. Roshan Rohidas Mhatre was present. According to his statement, garba