The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the dumping of C&D waste in stretches of rivers in Pune and Pimpri-Chinchwad.
The Petition is registered suo-moto on the basis of the news item dated 04.07.2024.
As per the article, there is a lot of dumping taking place in a stretch of river at Bopodi. C & D waste is being dumped in low-lying areas. Apartments were flooded in 2019 and now with this dumping, water is going to enter most areas of Bopodi.
The article highlights despite the introduction of Construction and Waste Management Rules in 2016, the authorities have failed to prevent dumping of C & D waste in rivers.
Furthermore, the article alleges that in city areas, C & D waste is mainly dumped by builders. In rural areas, farmers often dump C & D waste to construct a river crossing. C & D is being dumped even in the Ram Nadi and Pawana River.
The article states that the main problem with the PMC is that it does not have a system for collection of CMD waste at the ward level. Even ward officers are unaware of the agency or contractor that is supposed to pick up the CMD waste. The final waste processing unit has been set up in Wagholi but it is highly inconvenient for builders and common people to send the waste to that centre.
The above matter indicated Bench violation of the provisions of the provisions of Construction and Demolition Waste Management Rules, 2016; Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Pune Municipal Corporation, Through its Commissioner .
ii. Maharashtra Pollution Control Board.
iii. District Magistrate, Pune District.
The Bench issued notice to the Respondents.
Since the matter relates to the Western Zonal Bench, Pune , therefore, the Bench transferred the matter to the Western Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 11.09.2024.