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Judgment
This original application has been registered on the basis of the news item titled "Kalyan Villagers allege chemical dumping in Nullah, seek MPCB intervention" appearing in Hindustan Times dated 30.12.2023.
The news item contains the complaint of the residents of Rayta village in Kalyan alleging that chemical tankers are emptying hazardous substance into a nearby nullah at night and that the residents are experiencing foul smells and contaminated borewell water and their crops have suffered damage. The report further reveals that the chemical tankers are emptying hazardous substances into the nullah connected to the Valivali River at night and that approximately 60 families residing in that area are affected and are facing the problem of breathing difficulty. The chemical tankers are entering the area specifically at night and discharging the chemicals into the nullah in secluded areas.
The news item raises substantial issue relating to compliance of the 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.
Hence, we implead following as respondents:
(i) Maharashtra Pollution Control Board (MPCB), through its Member Secretary
(ii) District Collector/ District Magistrate, Thane
Learned counsel appearing for respondent no. 1 on advance notice seeks four weeks’ time to file the reply. Let notice be issued to the respondent no. 2 for filing the response at least one week before the next date of hearing before the appropriate bench of the Tribunal.
Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Western Zonal Bench.
List before Western Zone Bench on 01.04.2024.