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NGT gives nod to garbage processing plant at Ambegaon, imposes ₹12.30 lakh fine on PMC

NGT has directed the Pune Municipal Corporation (PMC) to pay a fine of 12.30 lakh to the Maharashtra Pollution Control Board (MPCB) for not taking the latter’s permission to run the plant

Published on: Dec 27, 2022, 23:15:24 IST
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The National Green Tribunal (NGT) has given its approval for setting up a dry garbage processing facility at Ambegaon budruk, and has directed the Pune Municipal Corporation (PMC) to pay a fine of 12.30 lakh to the Maharashtra Pollution Control Board (MPCB) for not taking the latter’s permission to run the plant.

On November 1, 2020, a major fire had broken out at the 200 tonnes garbage processing plant, leading to the entire area being enveloped by smoke. (HT FILE PHOTO)
On November 1, 2020, a major fire had broken out at the 200 tonnes garbage processing plant, leading to the entire area being enveloped by smoke. (HT FILE PHOTO)

The NGT order read, “There is no requirement of prior environmental clearance for a material recovery facility (MRF) plant but we find that MRF is not mentioned in this paragraph specifically although the learned counsel says that it would not be requiring environmental clearance. It is apparent from the pleadings as well as during the arguments that it has very clearly emerged that for 41 days from September 20,2020 to October 31, 2020, the PMC continued to run the plant, which was processing dry waste only, which required the consent cum authorisation from the MPCB but the same was not taken. Hence, there was violation for which the assessment of environmental calculation of 1,230,000 has been made.”

While the PMC counsel said that the civic body would not be able to pay this amount by way of compensation as it had already suffered huge losses on account of the said plant being set afire by the locals and on account of the said plant not functioning during the Covid pandemic. The counsel stated that a very grave situation would have prevailed in the locality if the solid waste had not been processed, that too when other villages had been merged with the PMC.

However, the NGT order further stated, “We cannot accept this argument but having a sympathetic attitude, we would like to mention that the said amount of environmental compensation calculated because of the admission of violations, has to be paid by the PMC to the MPCB. We, therefore, dispose of this application with the direction that respondent number 5 shall make the payment of the above-mentioned amount of 1,230,000 within a period of two months in the account of MPCB which shall be utilised for the improvement of the environment in the local area, and a compliance report in that regard shall be submitted in the registry of this tribunal within six months.”

On November 1, 2020, a major fire had broken out at the 200 tonnes garbage processing plant, leading to the entire area being enveloped by smoke and the people living there (about 5,000 families) facing difficulty in breathing. It was later found that the plant had been set up and had commenced operations without any environmental clearance (EC) or public hearing. The plant is located about 50 metres away from the nearest residential area. Following the plant catching fire on November 1, 2020, a petition seeking its closure was filed in the NGT by Dhananjay Balwant Kokate and others (petitioners). Earlier too while setting up the 200 tonnes plant in September 2020, there had been opposition from some of the villagers so much so that a criminal case had been lodged against them.