By Aryan 

Pune: The National Green Tribunal, Western Zone, Pune, has ordered the Pimpri-Chinchwad Municipal Corppration to demolish 29 "bungalows" constructed in violation of green laws in Chikhli area.

While the residents have decided to appeal against the order, the builder, the Jare Group, has denied any wrongdoing. It said the blueline was wrongly marked. The PCMC on its part has decided to hold hearings before demolishing the structures.

The petitioner in this case is Tanaji Gambhire.

Who Are The Respondents ?

And What is the Order ?

The order says," The Original Application has been filed under Section 14, 15 & 20 of the National Green Tribunal Act, 2010 with the prayers that respondents appears to be a reference to the respondent No.1- The Chief Secretary, Government of Maharashtra; respondent No.2- The Principal Secretary, Environment Dept., Government of Maharashtra; respondent 

No.3- State Level Environment Impact Assessment Authority- Maharashtra 

(SEIAA) through Member Secretary; respondent Nos.4 & 5- Maharashtra Pollution Control Board; respondent No.6- The Secretary, Urban 

Development Dept., Government of Maharashtra; respondent No.7- Municipal Commissioner- Pimpri-Chinchwad Municipal Corporation; respondent No.8- City Engineer-Pimpri-Chinchwad Municipal Corporation; respondent No.9- Water Resources Department through Chief Engineer (Irrigation Department); and respondent No.10- Collector of Pune) be directed to demolish the illegal structures constructed in the prohibited area of blue flood line of Indrayani River and to restore the area to its original position along-with the consequential reliefs."

What are the facts ?

The order says,"In brief, the facts of this case are that the project under challenge "River Villa" is a residential bungalow plots construction project, undertaken by the respondent No.12-M/s. Jare World and respondent 

No.13-M/s. V. Square i.e. Project Proponents (PP's), situated at Survey No.90(P), Near River Residency, Village-Chikhali, Taluka-Haveli, District Pune, which are raising construction in the prohibited area of blue flood line of Holy Indrayani River without any permission from the concerned authorities. These Project Proponents gave rise to substantial question relating to implementation of the environment protection and improvement enactments listed in schedule-I of the National Green Tribunal Act, 2010."

The order says," It is further mentioned in the application (moved before the NGT) that the river Indrayani is passing through the town Alandi, which is a place of worship and spirited by the presence of entrancement of "Sant and Great Philosopher Dnyaneshwar". From the project in question, huge pollution is happening in the water of that river. The project in question is a part and parcel of the Indrayani River and are reserved as Green Zone where bungalow construction is prohibited under DC Rules of PCMC. The PCMC incorporated the marking of flood line on their Development Plan on 18.08.2009 vide EP-87 and that the project in question is shown as affected by prohibited blue flood line."

The allegations

The order says, "It is further mentioned in this application that the respondent No.12-M/s. Jare World and respondent No.13-M/s. V Square i.e. Project Proponents, in connivance with the respondents No.11-M/s. River Residency (JV), dumped construction waste and reclaimed the area of project land. The PP’s have completed the construction of one bungalow, compound wall and bungalow plots boundary walls in prohibited area of blue flood line. The Respondents No.12-M/s. Jare World and Respondent No.13-M/s. V. Square i.e. Project Proponents are extracting ground water from two bore wells without permission from the concerned authority.

The order says, "These Project Proponents are dumping construction waste in Indrayani River; have blocked the natural flow of the said river; have diverted the natural flow of Indrayani River; are discharging construction waste water into the natural flow of Indrayani River; have damaged the top soil of project land and there is no preservation of top fertile soil; have caused air pollution due to illegal operation of one DG Set; have constructed the internal roads with asphalt causing soil pollution; have consumed huge quantity of natural resources as by way of processed fine building material; have made tree cutting; have completed construction of one bungalow and proposed 99 bungalows in total; have proposed this project on 5.5 Acre (i.e. 5.5 x 4000 Sq. Mtrs = 22000 Sq. Mtrs.); have not obtained any non-agricultural permission for Land use change from Collector of 

Pune; have made illegal Land use change from Green Zone to Residential 

Zone; have not obtained any permission form Water Resource Department 

(Irrigation Department); have not obtained any permission form Maharashtra Real Estate Regulatory Authority-MAHA RERA; have not obtained any permission from the MoEF&CC, Environment Department, SEIAA, SEAC and MPCB; have violated the principle of sustainable development; have violated the provisions of Environment enactments and PCMC officers are also equally responsible; have violated the provisions of 

Environment Act-1986, Water (P & CP) Act-1974 and Air (P & CP) Act1981; are cheating public at large; have caused huge financial loss to the exchequer by duping various charges to be paid for construction; and have caused substantial damage to environment and ecology of more than 

Rs.100 Crores, which needs to be recovered from the Project Proponents."

The order says," It is further mentioned in this application that respondent No.11M/s. River Residency-Project Proponent dumped the construction waste material in the Indrayani River even after the complaint dated 05.07.2017 made by the complainant and the PCMC neglected to act on the said complaint and supported the project proponents to dump the construction waste in river and to carry on the illegal construction in the prohibited area of blue flood line. Because of this, the environmentally and ecologically sensitive area of Indrayani River admeasuring more than 

86824.80 Sq. Mtrs. is damaged by dumping of construction waste of 3 Meters height and the quantity of the said construction waste is more than 

2,00,000 Sq. Mtrs. Respondent No.12-M/s. Jare World and Respondent No.13-M/s. V. Square i.e. Project Proponents have not obtained any measurement plan from the Superintendent of Land Record nor have they obtained any sanction from the PCMC nor have they obtained any NOC from the Irrigation Department."

The order says," It is further mentioned in this application that the Government of Maharashtra modified the Notification dated 02/09/1989 and 

21/09/1989 with respect to demarcating flood lines and use of Prohibitive and Restrictive Zones to be not allowed for any construction inside flood line to avoid possible risk of citizens."

The order says," With respect to the land use in flood prone zones, as per the guidelines given in the Dam Safety Manual Chapter 8/1984 important flood lines will be primarily of two types. Prohibitive Flood Line (Blue Line) and Restrictive Flood Line (Red Line). 

3. Blue Flood Line: Blue Flood Line will be the line marked at the water level of the highest discharge of: 

a) Flood discharge at the average frequency of 25 years. 

b) One and half times the discharge of the established riverbed. 

4. Red Flood Line: Red Flood Line will be the line marked at the water level of the water discharge as under: 

a) Where there is no dam, flood discharge at the average frequency of 100 years. 

b) Where there is a dam, maximum flood discharge over the spill way added with flood discharge from the free catchment area at the average frequency of 100 years. 

5. Prohibitive Zone: The area between the Blue Flood line on the right bank of the river to riverbed to the Blue Flood line on the left bank of the river shall be called as Prohibitive Zone. 

6. Restrictive Zone: The area between the Blue Flood Line of the river and the Red Flood Line on tile same bank shall be called as Restrictive Zone. 

7. Prohibitive Zone can be used only in the form of open land e.g. gardens, play grounds, light crops; where there is established easement right to take crops (e.g. water melons, musk melons etc. public toilets and sewage discharge facilities), so that there will not be any obstruction to the flow of the river, there will not be reduction in the carrying capacity of the river and there will not be any change in the cross section of the river.” 

The order says, "It is further mentioned in this application that the flood line marking plans prepared for Village-Bopodi would clearly show that the project land is falling in restricted zone and no construction is permitted at all. It is further mentioned that respondent No.11- M/s. River Residency started its construction near about year 2012 and started dumping of construction waste and excavated waste material on the green belt of remaining land in the same survey number, on which the present bungalow project was under construction.

The order says," It is further mentioned in this application that in the backdrop of frequent floods during heavy rains, the State of Maharashtra decided to prohibit the development in the vicinity of rivers to protect the environment and inhabitants and issued a Notification dated 21.09.1989 defining the areas of blue flood line imposing restrictions on any constructions between the blue and red flood lines of the river bed. The guidelines were issued regulating the constructions activity and directed every concerned Department to implement the same in the State of Maharashtra. Therefore, any construction between blue flood line and river bed is made illegal since 21.09.1989. 

The order says," It is further mentioned in this application that the Irrigation 

Department submitted their flood line marking plans for Indrayani River to PCMC- respondent No.7 near about January 2009, wherein it is has clearly shown the Survey No.90, which is affected by the blue flood line. The PCMC incorporated the marking of flood line on their Development Plan under Section 31 of M.R. & T.P. Act 1966 on 18.08.2009, which shows the Survey No.90 of Village: Chikhali to be affected by Green Belt reservation and blue flood line of Indrayani River. The said project site is affected by a green belt area admeasuring 42934.69 sq. Mtrs., Nature Park Construction of 4000 Sq. Mtrs. and STP reservation no.130 having an area admeasuring 42747.07 sq. Mtrs. In fact, both these areas are part of the river flow and are affected by the blue line marking of Indrayani River, a copy of which is annexed at Annexure A-4 at page no.46 of the paper book. "

The order says," It is further mentioned in this application that the present project site is affected by stone quarry having an area admeasuring 8840 sq. Mtrs., which information has been suppressed by the Project Proponent and that the said non-development area is not deducted from the plot area of the project. 

The order says, "It is further mentioned in this application that in the backdrop of frequent floods during heavy rains, the State of Maharashtra decided to prohibit the development in the vicinity of rivers to protect the environment and inhabitants and issued a Notification dated 21.09.1989 defining the areas of blue flood line imposing restrictions on any constructions between the blue and red flood lines of the river bed. The guidelines were issued regulating the constructions activity and directed every concern Department to implement the same in the State of Maharashtra. Therefore, any construction between blue flood line and river bed is made illegal since 21.09.1989."