(Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [Through Physical Hearing (with Hybrid Option)] ORIGINAL APPLICATION NO.86 OF 2021 (WZ)

1. Ratanji Harisanghi Rathod S/o: Harisangji Rathod Aged about 24 years, Residing at: Amiya Po: Meghpar (Lakhpat), District: kachh, State: Gujarat, Pin - 370625 …. Appellant Versus

1. Union of India Represented by its Secretary Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi -1 10003, India.

2. Chief Secretary to Govt. of Gujarat, State Secretariat, 1^st Block, 5^th Floor Gandhinagar, Pin-382010, State: Gujarat, 3. Secretary Water Resources Department, Government of Gujarat, Block No: 9, 5^th Floor, State Secretariat, Gandhinagar-382010, State: Gujarat, 4. Principal Secretary to Government Energy and Petrochemicals Department, State Secretariat, Gandhinagar-382010, State: Gujarat, 5. Secretary Forest and Environmental Department, State Secretariat, 8^th Floor, Gandhinagar-382010, Gujarat

6. Member Secretary Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi-110032, India, 7. Member Secretary Gujarat State Pollution Control Board, Paryavaran Bhawan, Sector-10A-751012, Gandhinagar-382010, Gujarat

8. Member Secretary State Environment Impact Assessment Authority (SEIAA), Forest and Environment Department, Gandhinagar-382010, Gujarat

9. Deputy Director General of Forests (C)

Regional Office, Western Zone (WZ), Ministry of Environment, Forest and Climate Change (MOEF&CC), Kendriya Paryavaran Bhawan, E-5 area colony, Link Road-3, Ravishankar Nagar, Bhopal 462016, Madhya Pradesh

10. Regional Director Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Paribesh Bhawan, Opp. Ward No:10, VMC Office Subhanpura, Vadodara-390023, Gujarat, 11. Collector-cum-District Magistrate Kachh District, Jilla Seva Sadan, Jadavji Nagar, Bhuj-370001, Gujarat, 12. The Mamlatdar and Executive Magistrate, Lakpat, Post: Dayapar, District: Kachchh, Pin-370630, Gujarat, 13. The Manager, Kintech Synergy Pvt. Ltd, Kintek House, 8-9 Shivalik Plaza, Opposite AMA, IIM Road, Ahmedabad-380015, Gujarat .…Respondents APPEARANCE :

Appellant : Mr. Sankar Prasad Pani, Advocate Respondents : Mr. Rahul Garg, Advocate along with Mr. Shubham Rathod, Advocate for R-1 Mr. Maulik Nanavati, Advocate for R-7 and R-8 Mr. Aniruddha Kulkarni, Advocate for R-6 and R-10 CORAM : HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER =================================================================

Reserved on : 26.09.2024 Pronounced on : 01.10.2024 =================================================================

JUDGMENT

1. This application has been filed with prayer that a direction may be issued to respondents to remove the installation of the heavy/high rise Electrical Pole for transmission of the high power/ voltage 220 K.V/66 K.V/33 K.V/11 Electricity line over the ecologically sensitive zone/ Green belt i.e. Jalasaya/ common water bodies/ Meghpar-2 Minor Irrigation Dam (water reservoir).

2. In brief, submission made by the applicant in this application, is that private respondent No.13 - The Manager, Kintech Synergy Pvt. Ltd has installed high capacity/ rise/ heavy electrical pole for transmission of the high power voltage 220 K.v/66 K.V/33 K.V/33 K.V/11 KV electricity line in the Meghpar-2 minor irrigation dam (water reservoir) at the village Meghpar of Lokhpat Taluka in Kachchh District of the State of Gujarat. The electrical poles were installed in the water stream in the basin area, which obstructed the flow of the water. This installation has been done in two small streams of the catchment area of the water reservoir without the necessary permission from the competent authority. The applicant had objected to this illegal act by making representation before different State Authorities on various dates mentioned in para 3 of the application.

3. Further, it is mentioned that Deputy