MPCB team visits Baner realty site to assess anti-pollution steps
Pune: Maharashtra Pollution Control Board (MPCB) officials on Friday visited the site of an upcoming residential and commercial project in Baner to evaluate additional steps to keep the dust and noise level within the prescribed limit, as directed on Dec 8 by the National Green Tribunal (NGT), Pune bench.
MPCB's Pune sub regional officer Kartikeya Langote told TOI on Friday, "We have sent our field officers Jayant Doke and Sarjerao Bhoi to the project site."
When contacted, Doke told TOI, "We have installed air quality and noise monitoring stations, which will monitor the air quality and noise level at the site for the next 24 hours. We had asked the project proponent to take measures to reduce dust and noise levels. They replied to us stating that they have implemented these measures. Today, we went there to inspect the same."
"We will decide as to whether for the past violations, if any, an amount of Environmental Damage Compensation (EDC) is to be levied on the project proponent and will calculate the same after taking all the reviews by the higher authorities," Doke added.
On Dec 5, the NGT had ordered that "till next date the MPCB shall ensure that the project proponent does not proceed with the construction activities till they adopt and provide all the necessary measures to bring the dust and noise pollution within the prescribed standards/parameters for construction at the site in question."
At the next hearing on Dec 8, the NGT, while disposing of the original application relating to the matter, referred to a test report of May 20 shown by the project proponent, stating that the ambient noise level was found to be within the permissible limit. It also referred to Pune Municipal Corporation's additional reply-affidavit of Dec 4 stating that on Aug 7, 2024, the PMC withdrew the stop work notice issued on June 14. 2024, to the project proponent, as the latter took the necessary precautions/measures. The affidavit stated that the project proponent on June 20, 2024, deposited Rs1 lakh penalty and the PMC officials visited the site on July 16, 2024, to assess the precautions/measures taken.
On project proponent lawyer's submission that these facts were not considered earlier, the bench said, "We concede this point that the above-mentioned documentary evidence regarding ambient air and noise level quality were not placed before us on that date. Looking at the above test reports, which are shown by learned counsel for Respondent No.4 (project proponent), in which ambient air and noise level quality are found to be within the permissible limits and particularly, it is being said that excavation work is completed and only construction of basement work is going on, we are of the view that at this stage, there is hardly any chance of air and noise pollution happening again. Therefore, the construction activities should not be stopped."
On the submission by the applicant's lawyer that the tribunal need not modify its order that was passed only after hearing the entire argument on the previous date (Dec 5), the bench said, "We may make it clear here that we had not passed an order to stop the construction activities in its entirety, but we had directed in that order that till the next date, we direct that Respondent No.2 – MPCB shall ensure that Respondent No.4 – Project Proponent does not proceed with the construction activities till they adopt and provide all the necessary measures to bring the dust and noise pollution within the prescribed standards/parameters for construction at the site in question."
"We still hold the same, but we direct that the MPCB shall visit the site in question within a week and again evaluate as to whether any additional measures are required to be taken to keep the dust and noise level within the prescribed limit. If there are any additional steps required to be taken, direction regarding it may be issued forthwith to be adopted by Respondent No.4," the bench said.
Correction
The headline and the first para of a TOI report published on page 5 of issued dated Dec 14 erroneously mentioned ‘Green tribunal allows Baner realty project construction'. The error is regretted.
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When contacted, Doke told TOI, "We have installed air quality and noise monitoring stations, which will monitor the air quality and noise level at the site for the next 24 hours. We had asked the project proponent to take measures to reduce dust and noise levels. They replied to us stating that they have implemented these measures. Today, we went there to inspect the same."
"We will decide as to whether for the past violations, if any, an amount of Environmental Damage Compensation (EDC) is to be levied on the project proponent and will calculate the same after taking all the reviews by the higher authorities," Doke added.
On Dec 5, the NGT had ordered that "till next date the MPCB shall ensure that the project proponent does not proceed with the construction activities till they adopt and provide all the necessary measures to bring the dust and noise pollution within the prescribed standards/parameters for construction at the site in question."
At the next hearing on Dec 8, the NGT, while disposing of the original application relating to the matter, referred to a test report of May 20 shown by the project proponent, stating that the ambient noise level was found to be within the permissible limit. It also referred to Pune Municipal Corporation's additional reply-affidavit of Dec 4 stating that on Aug 7, 2024, the PMC withdrew the stop work notice issued on June 14. 2024, to the project proponent, as the latter took the necessary precautions/measures. The affidavit stated that the project proponent on June 20, 2024, deposited Rs1 lakh penalty and the PMC officials visited the site on July 16, 2024, to assess the precautions/measures taken.
On project proponent lawyer's submission that these facts were not considered earlier, the bench said, "We concede this point that the above-mentioned documentary evidence regarding ambient air and noise level quality were not placed before us on that date. Looking at the above test reports, which are shown by learned counsel for Respondent No.4 (project proponent), in which ambient air and noise level quality are found to be within the permissible limits and particularly, it is being said that excavation work is completed and only construction of basement work is going on, we are of the view that at this stage, there is hardly any chance of air and noise pollution happening again. Therefore, the construction activities should not be stopped."
"We still hold the same, but we direct that the MPCB shall visit the site in question within a week and again evaluate as to whether any additional measures are required to be taken to keep the dust and noise level within the prescribed limit. If there are any additional steps required to be taken, direction regarding it may be issued forthwith to be adopted by Respondent No.4," the bench said.
Correction
The headline and the first para of a TOI report published on page 5 of issued dated Dec 14 erroneously mentioned ‘Green tribunal allows Baner realty project construction'. The error is regretted.
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