1. This original application is registered suo-motu on the basis of the news item titled " Hadapsar residents demand action against open garbage burning" appearing in the Hindustan Times dated 14.04.2024.
2. The matter relates to the open burning of garbage at Hadapsar industrial dumping site in Pune (Maharashtra). As per the article, around 200 families, all residents of Magarpatta City have been gagging on air that has been rendered thick by garbage burning in the neighbouring Hadapsar area. The article states that a significant fire broke out at the depot resulting in severe air pollution. Since then, incidents of illegal garbage burning at the site have been frequent.
3. The article alleges that as per the residents of the area, there are small children, elderly and citizens with existing health issues who daily breathe this toxic smoke. There is no fresh air to breathe. If the windows are opened the rooms get filled with smoke.
4. The above news item indicates violation of the Air (Prevention and Control of Pollution) Act, 1981; Solid Waste Management Rules, 2016 and the Environment Protection Act, 1986.
5. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
6. 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.
7. Hence, we implead the following as respondents:
(i). Pune Municipal Corporation, through its Municipal Commissioner, PMC Main Building, Near – Mangla Theatre, Shivajinagar, Pune- 411005.
(ii). Maharashtra Pollution Control Board, through its Member Secretary, Kalpataru Point, 3rd and 4th floor, Opp. PVR Cinema, Sion Circle, Mumbai – 400022.
(iii). District Magistrate/District Magistate Pune, District Collector Office, Opposite Sassoon Hospital, Station Road, Pune - 411001 .
8. Issue notice to the respondents for filing there response before the appropriate bench of the Tribunal at least one week before the next date of hearing.
9. Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench. Therefore, the original record of this OA be transferred to the Western Zonal Bench, Pune for further action.
10. List before Western Zonal Bench, at Pune on 31.07.2024.
