The National Green Tribunal (NGT) disposed of a suo-motu Petition relating to the pollution being caused by unregulated movement of trucks in the Wagholi area of Pune, Maharashtra.
The application is registered suo-motu on the basis of the news item appearing in the Newspaper dated 11.02.2024.
The news item contains the opinion of one of the resident that there are stone crushers in Bawdi Village and about 60 to 70 trucks commute to and from Bawdi every hour, as a result, a lot of dust enters the air from the trucks carrying material and the pollution in the air exceeds the permissible limit, posing health hazards to the local residents. News item also reveals that in spite of the complaint, no action has been taken by the concerned authorities and the affected localities are Alfa Landmark, Post Lakeside, Skywater, Lake Paradise Society, Dhaval Shivtirth, Defence Colony Pune – Phase IV etc.
The news item raises substantial issue relating to compliance of environmental norms.
“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.”
On advance notice, counsel for the Maharashtra Pollution Control Board (MPCB) has appeared and during the course of argument he has produced a status report reflecting as under:-
“…..The Board Officers visited at the said area Wagholi-Bhavadi-Lonikand road (MDR-166) which is meets to Pune-Nagar Highway (State Highway No.27) & observed that there are “Alfa Landmark, Post Lakeside, Skywater, Lake paradise society, Dhaval Shivtirth and defence colony residential societies located in the vicinity of the said Road.
(ii) During visit observed that there are about 70-80 trucks/dumpers commute to and from the Road every hour. Truck/Dumpers are found covered with tarpaulin to avoid dust emissions during transportation.
(iii) During visit at said area i.e Wagholi-Bhavadi -Lonikand road (MDR -166) damages were observed at some patches on road.
(iv) Resuspension of dust observed during the vehicle movement.
(v) Air quality monitoring & detail investigation will be carried out.”
Having regard to the issue reflected in the news item as also considering the report filed by the MPCB, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel opined that expeditious appropriate remedial action is required to be taken by the Member Secretary, MPCB.
Hence, the Court disposed of the application and directed the Member Secretary, MPCB to take appropriate action within a period of three months and submit an action taken report before the Registrar of the Western Zone Bench of the Tribunal, who, if found necessary, will list the matter before the bench for consideration. Office is directed by the NGT to transfer the original record of the application to the Western Zonal Bench, Pune.