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Judgment
This OA is registered suo motu on the basis of the news item titled "Pune: residents of Bavdhan Budruk suffer due to drainage water accumulation" appearing in ‘Pune Times Mirror’ dated 15.02.2024.
The news item relates to the issue of accumulation of drainage water in a vacant plot near Bavdhan Budruk area causing misery to the residents of the area. As per the news item, layer of mosses has turned sewage water in open land a ‘green pond’ which promotes mosquito growth in Bavdhan Budruk and is causing health hazards and inconvenience to the local residents. The accumulation of drainage water in a vacant plot in the area has resulted into a pool of dirty water from where foul stench is emanating. The plot has become a breeding spot for mosquitoes and is the cause of vector borne diseases such as dengue and malaria in the nearby area. As per the news report, the drainage line is found to be missing and some house owners are dumping drainage water into the plot which is escalating the problem.
The news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter suo-motu 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, report on behalf of Pune Municipal Corporation (PMC) has been filed disclosing as under:
“xxx …………………………………xxx………………………………..xxx
On receiving the notice issued by this Hon'ble Tribunal R-2 PMC along with officers of Maharashtra Pollution Control Board had a joint visit to the said Plot on 18/03/2024.
During the said site visit it was revealed that wastewater has accumulated on the said plot in an area measuring around 250 sq. mtrs. and it is around 2-4 feet deep. It was also revealed that wastewater is accumulating because Mr. Mandar Ghule and others are discharging their wastewater into the said Plot.
The area of the said Plot of Bavdhan-Budruk was included in the Pune Municipal Corporations limits in the year 2021. Pune Municipal Corporation is in the process of preparing Detailed Project Report (DPR) for laying down the drainage line network in the area.
Once the DPR is finalized it will be submitted to the Pune Municipal Corporation for approval and sanctioning of the funds for this project.
To resolve this issue at the said Plot once for all a drainage line of around 200 mtrs. must be laid down in the area and the estimated cost for this work is around Rs. 25 - 30 lakhs. As Election Code of Conduct is in force it is difficult for getting approvals for this work. So within a period of 2-3 months after the Election Code of Conduct is abolished the drainage line work in the area shall be completed by PMC.
However, to resolve the issue immediately R- 2 PMC is taking all necessary steps for removing the wastewater accumulated at the said Plot by using sludge pumps and the said work has completed on22/03/2024 R-2 PMC has also sprayeddis-infectants Temifoss / Biastar Powder on the said Plot.”
The above report clearly supports the facts which have been disclosed in the news item. As per the response of PMC, waste water has accumulated on the plot in an area measuring around 250 sq. mtrs. which is about 2-4 feet deep and the said accumulation is on account of discharge of waste water by the named resident.
Learned Counsel appearing for PMC has submitted that to resolve the issue once for all, there is a proposal to lay the drainage line in the area with the estimated cost of Rs. 25 – 30 lakhs and that the said project will be completed within three months after the Parliamentary elections are over.
Having regard to the stand of PMC, we dispose of the OA directing the Commissioner, PMC to submit the report within five months before the Registrar of the Western Zonal Bench of the Tribunal indicating the remedial action which has been taken. If found necessary, the matter will be listed before the Western Zonal Bench for consideration. Let the original record of this OA be transferred to the Western Zonal Bench, Pune.
The OA is accordingly disposed of.