Pune: The National Green Tribunal ( NGT ) bench in Pune has disposed of as withdrawn an application that challenged the Nov 16, 2019, environmental clearance to PMC 's Mula, Mutha and Mula-Mutha river rejuvenation project — also known as the riverfront development project. The move comes after lawyer Aniruddha Kulkarni, representing the State Environmental Impact Assessment Authority (SEIAA), told the bench of Justice Dinesh Kumar Singh and expert member Vijay Kulkarni on Thursday that it has granted an amended environmental clearance to the project. Kulkarni told TOI, "After NGT's last order on Aug 20, SEIAA was given four weeks to decide the clearance.
SEIAA considered the same and gave the amended clearance after Pune Municipal Corporation (PMC) notified to it the compliance of 18 conditions put forth by the authority. PMC can now issue tenders for further work orders." Lawyer Rahul Garg, representing PMC, told TOI, "The bench noted that in view of the amended environmental clearance to the project, the application filed by the petitioners stands infructuous.
" "We had to withdraw the application now that the amended clearance has been granted. We feel this is very unfortunate for Pune and its citizens," architect-activist Sarang Yadwadkar, who along with Pushkar Kulkarni had filed the plea, told TOI. NGT had on Nov 29, 2022, refused to set aside the Nov 16, 2019, environmental clearance on the grounds that the project was "in public interest" but asked PMC to get an amended clearance from SEIAA.
On Wednesday, the PMC filed an affidavit submitting the minutes of the SEIAA meeting held on Aug 13 to consider the amended clearance. The civic bodu stated that it was awaiting the authority's decision. Lawyer Garg said, "The development marks the culmination of a long-drawn legal tussle to secure the amended clearance.
After the NGT's refusal to set aside the Nov 16, 2019, environmental clearance, the petitioners had sought directions to stop the project work but the tribunal then noted that the same were being carried out against the work orders already issued before the application was filed and hence cannot be stopped." He said, "Later, the petitioners moved a civil appeal in the Supreme Court which came to be dismissed as the court asked them to raise the grievance, if any, before NGT. Subsequently, they raised the issue of tree cutting in the project area and PMC gave an undertaking that no tree would be felled till it gets the amended environmental clearance.
A PIL, this time by NGO Parisar, was filed before the Bombay high court. But we informed the court that the issues raised therein were already canvased before SC and NGT, and an amended clearance was awaited." Garg added, "Once again, the petitioner came before NGT claiming that the 18 conditions sought by SEIAA to be fulfilled were not complied with.
We told the tribunal that a compliance affidavit has been filed in Jan this year before SEIAA and its final nod was awaited. As such, the application was infructuous.".
