SHAHU SHIVAJI MOKASHI vs STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY DEPT OF AGRICULTURE FISHERIES

Item No.12 (Pune Bench) BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)] Original Application No.50/2023(WZ) I.A.

No.228/2025(WZ) Shahu Shivaji Mokashi …..Applicant Versus State of Maharashtra & Ors. ….Respondents Date of hearing: 23.03.2026 CORAM: HON’BLE MR.

JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR.

SUJIT KUMAR BAJPAYEE, EXPERT MEMBER Applicant : None present.

Respondents : Mr.

Dattatraya Devale, Advocate for R-1/PP Mr.

Mukesh Verma, Advocate for R-2/MPCB Mr.

Aniruddha S.

Kulkarni, Advocate for R-6/Envt.

Department ORDER 1.

We are passing this order in continuation to the earlier orders dated 04.05.2023, 25.07.2023, 22.09.2023, 09.01.2024, 18.03.2024, 19.09.2024, 02.12.2024, 04.08.2025 and 18.11.2025.

2.

This application has been filed by the applicant- Shahu Shivaji Mokashi against the respondent no.1- M/s Appasaheb Nalwade Gadhinglaj Taluka SSK Ltd. alleging that the said industry is discharging its molasses in the water of Hiranyakeshi river, thereby polluting the river and groundwater causing great loss and posing serious health hazards to the local inhabitants, animals etc.

3.

We find that a Joint Committee was constituted by the Tribunal vide order dated 18.04.2022, comprising representatives of State PCB; Department of Agriculture and Fisheries, Government of Maharashtra; and the District Magistrate, Belagavi, which visited the site on 06.06.2022 and submitted its report to the following effect:- “ ” 4.

This matter was considered by this Tribunal on several dates and a thorough consideration was made by this Tribunal vide order dated 02.12.2024, wherein we had directed the MPCB to submit response on an affidavit after considering all the reports submitted by the Project Proponent.

5.

In compliance with the above direction, respondent no.2- MPCB gave personal hearing to the respondent no.1- Project Proponent.

But again they arrived on the same conclusion as regards the amount of EDC. nt of EDC.

Thereafter, we had directed the MPCB to file a fresh affidavit, detailing therein all the facts as per our previous order dated 18.11.2025.

6.

In compliance with the above direction, respondent no.2- MPCB has submitted compliance affidavit dated 20.03.2026, wherein they have submitted following mode of calculation of EDC:- “ ” 7.

Further, it is submitted in this affidavit by respondent nos.2 & 3 that the respondent no.1–Project Proponent had simply requested for waiver of the EDC amount calculated by the Board or to minimize the EDC amount to be imposed due to financial reasons.

There was no averment made from their side to the effect that their reports were not considered and the analytical reports pertaining to BOD, COD and other necessary effluent characteristics were not found to be on higher side for a certain period.

8.

Learned counsel for the respondent no.1/Project Proponent has filed comments dated 20th March, 2026 today, wherein they have mentioned that though the Answering Respondent had served all the JVS- Analytical reports during the period, which are mentioned in the present application, upon the respondent no.2- MPCB, the same were not considered and as per them, only 8 days’ violation was found to be there, when the readings exceeded the parameters.

Therefore, he submits that the amount of the EDC should have been calculated only for 8 days of violations, instead of the above amount, which has been calculated by the MPCB.

9.

We cannot disbelieve the above averment of the MPCB, because they have clearly stated that opportunity of hearing was provided to the Project Proponent and at that time, no such averment was made by the respondent no.1 and that now, it is being said by them that the readings were within limits except for 8 days.

We are in agreement with the affidavit filed by the MPCB dated 20th March, 2026, whereby the details have been given for calculation of the EDC amount, which we have cited above.

10. above.

10.

In view of above, we dispose of this application with a direction to respondent no.1-PP to deposit the EDC amount of Rs.

50,10,000/- (Fifty Lakh Ten Thousand Rupees only) within a period of one month from the date of uploading of this order.

After depositing the said amount of EDC by respondent no.1, the same shall be utilized by the MPCB for upliftment of the environment at the site in question within six months thereafter.

A report in this regard shall be submitted by the MPCB to the Registry of this Tribunal within one month after utilizing the said amount of EDC.

Dinesh Kumar Singh, JM Dr.

Sujit Kumar Bajpayee, EM March 23, 2026 I.A.

No.

228/2025(WZ) In Original Application No.50/2023(WZ) J.G.