THE CORNER COOP HOUSING SOCIETY LTD vs MEMBER SECRETARY MPCB

Page 1 of 8 Item No.7&8 (Pune Bench) BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE [Through Physical Hearing (with Hybrid Option)] ORIGINAL APPLICATION NO.191 OF 2024 (WZ) [Earlier Original Application No.811/2024(PB)] P.V.

Patel … Applicant Versus The Member Secretary, Maharashtra Pollution Control Board & Ors. … Respondents WITH ORIGINAL APPLICATION NO.207 OF 2023 (WZ) The Corner Co-op Housing Society Ltd. … Applicant Versus The Member Secretary, Maharashtra Pollution Control Board & Ors. … Respondents Date of Hearing : 29.04.2025 CORAM : HON’BLE MR.

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

VIJAY KULKARNI, EXPERT MEMBER Applicants : None for applicant in O.A.

No.191/2024 Ms.

Yamuna Parekh, Advocate for applicant in O.A.NO.207/2023 Respondents : Mr.

Aniruddha Kulkarni, Advocate for R-1/MPCB in both OAs Ms.

Swati B.

Vaidya, Advocate for R-2/District Collector in O.A.

No.191/2024 ORDER 1.

None has appeared from the side of the applicant in O.A.

No.191/2024 (WZ), although in connected O.A.

NO.207/2023 (WZ), learned counsel Ms.

Yamuna Parekh has appeared for the applicant.

2.

This order is being passed in continuation of our previous order dated 02.04.2025, whereby we had directed respondent No.1 – MPCB to disclose as to how, in case any Environmental Damage Compensation (EDC) is directed to be levied from M/s N.N.

Enterprises (respondent No.3 in O.A.

NO.191/2024 and respondent No.2 in O.A.

No.207/.2023), on whose behalf, none has appeared, would be realized.

No such clarification Page 2 of 8 is given from the side of MPCB so far.

The details of EDC calculation, period of violation and violation of Consent conditions have been given in Para Nos. (I) and (II) of the additional affidavit dated 25.04.2025 filed by the MPCB in O.A.

No.191/2024, which are as follows: Page 3 of 8 Page 4 of 8 Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 3.

8 of 8 3.

It is apparent from the above affidavit that there does not appear any error in the amount of calculation of EDC to be levied from respondent No.

3 – M/s N.N.

Enterprises, particularly in view of the fact that none has appeared from the side of M/s N.N.

Enterprises to controvert this calculation of EDC.

Therefore, we are convinced that this amount has to be recovered from respondent No.3 – M/s N.N.

Enterprises.

We direct respondent No.1 – MPCB to levy the said amount of EDC from M/s N.N.

NO.207/2023) within a period of two months from the date of uploading of this order.

A compliance report in that regard shall be submitted by MPCB to the Registry of this Tribunal for being placed before us.

4.

With the above directions, both these Original Applications are disposed of.

5.

No order as to costs.

Dinesh Kumar Singh, JM Dr.

Vijay Kulkarni, EM April 29, 2025 ORIGINAL APPLICATION NOs.191/2024 and 207/2023(WZ) npj