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Judgment
This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered in exercise of suo-moto jurisdiction on the basis of letter petition dated 25.07.2023, sent by residents of Konark Pooram A1/B1/C1 Co-operative Housing Society Ltd., complaining that Karia Builder of Pune has developed above housing project comprising 800 flats and row houses on survey no.7/1B, 7/2 of Gondhwa. As per record, eastern side behind Konark Pooram is shown as green belt and earmarked for development as a Nallah Garden, but it has been noticed by residents that place meant for green belt is being used for commercial activities and large scale trees and plants have been uprooted, using heavy machines like JCB etc., and despite various representations made by local residents and others, no action has been taken by concerned authorities.
In our view, the complaint noticed above gives rise to a substantial question relating to environmental arising due to implementation of Scheduled Enactments under NGT Act, 2010 but before taking any further action in the matter, we find it appropriate to obtain a factual Report to verify the facts. For the purpose of getting factual Report, we constitute a Joint Committee comprising District Magistrate and Deputy Collector, Pune.
District Magistrate, Pune shall be the Nodal Agency for compliance and co-ordination.
The said Committee shall visit the site, collect relevant information and if finds any change of nature of green belt and damage to environment, submit a factual Report, giving all details before Western Zone Bench, Pune of this Tribunal within two months.
Since the matter relates to Western Zone Bench at Pune, therefore, Registry is directed to transmit record of this Original Application to Western Zone Bench, Pune for further proceedings.
List for further consideration before Western Zone Bench, Pune on 05.08.2024.
A copy of this order be forwarded to District Magistrate and Deputy Collector, Pune for information and compliance.