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Judgment
This original application is registered suo-motu on the basis of the news item titled "Wagholi residents hit the roads" appearing in the Pune mirror dated 11.02.2024. The news item relates to the pollution being caused by unregulated movement of trucks in the Wagholi area of Pune, Maharashtra. The news item discloses that the unregulated movement of trucks not only cause dust pollution but also damages roads. 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 an issue relating to compliance/non-compliance of the environmental laws.
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, learned 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:-
“2. In compliance of the Hon'ble NGT Notice dated 06.03.2024 and regarding the news appeared in Pune Mirror dated 11.02.2024 entitled "Wagholi residents hit the road" detail submissions are as below:
(i) As per News Items appeared in The Pune Mirror dated 11.02.2024 regarding "Wagholi residents hit the road" 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.”
He has submitted that he will be duly filing the said report in the registry of the Tribunal today itself.
Having regard to the issue reflected in the news item as also considering the report filed by the MPCB, we are of the opinion that expeditious appropriate remedial action is required to be taken by the Member Secretary, MPCB.
Hence, we dispose of the OA, directing the Member Secretary, MPCB to take appropriate action within a period of three months and submit 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 to transfer the original record of the OA to Western Zonal Bench, Pune.
A copy of this order, along with a copy of the petition, be forwarded to the Member Secretary, MPCB by e-mail for compliance.