- (1.) THIS Application is filed under Section 14 read with 15 and 18 of the National Green Tribunal Act, 2010, The Applicant, named above is Doctor by profession. He alleges that that untreated sewage and the Municipal Solid Waste (MSW) disposal practices adopted by the Municipal Council of Saswad, District Pune, are causing pollution of the water flowing through river 'Karha' and its streams and other water bodies.
(2.) THE Applicant has arrayed Saswad Municipal Council (hereinafter called "Municipal Council") as Respondert -1. Maharashtra Pollution Control Board (MPCB for short) as Respondent -2. Central Pollution Control Board (CPCB for short) as Respondent -3, Collector, Pune is Respondent -4. Respondents 1, 2 and 3 have filed affidavit. However, Respondent -4 has not filed any affidavit nor participated in this proceedings, though Collector is overall in charge of Municipal Councils as per provision of the Maharashtra Municipalities' Act and also, is overall responsible to ensure compliance of MSW rules by Municipal Council.
(3.) BRIEFLY stated, the case of the Applicant is that Saswad Municipal Council, is not operating existing Sewage Treatment Plant (STP), nor installing the full -fledged new sewage treatment plant, to treat large volume of sewage generated in the city. This untreated sewage goes in to river 'Karha' and its streams directly, thereby causing water pollution. This river further flows downstream where 'Nazre' Dam at Jejuri, Taluka Purandar, District Pune, is located and its water is used for drinking and irrigation purpose in the surrounding areas. The Applicant also alleges that the Council is dumping the MSW near the School and Junior College, causing health hazards. He submits that he had made complaints to the Authorities and the Authorities have also investigated the complaints and affirmed that the existing sewage treatment and MSW management are not in compliance with the Environment Regulations and the Authorities have also issued Notices, directions, forfeiture of bank guarantees etc. He claims that, however, no substantial improvements or up gradation has been done by the Council and the Authorities have not done anything further than issuing paper Notices. He, therefore, prays for an order directing the Council to stop water pollution and unscientific disposal of municipal solid waste disposal in the river or any water body which will cause health hazards. The MPCB filed first Affidavit on 13 -1 -2014, and mostly corroborated the facts mentioned by the Applicant. The MPCB submits that they have issued directions to the Council on 15.2.2013, giving them time of one (1) year for submission of approval of the sewage treatment plant. The MPCB also submitted that as the Council has failed to comply with the directions, the Board has issued Show -Cause Notice for prosecution under the Water (Prevention and Control of Pollution) Act, 1974 on 3.12.2013. The MPCB submits that the Council has sought time of 3 -4 years for installing the STP. The MPCB further submits that the Board has granted authorization under the Municipal Solid Waste (Management and Handling) Rules, 2000 to Saswad Municipal Council to set up and operate waste processing/waste disposal facility on Survey No. 195, Kumbharvalan, Tal. Purandar, on 14th June, 2013. The MPCB submits that the Council has failed to comply with the statutory provisions and also directions of the Board, in order to comply the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Municipal Solid Waste (Management and Handling) Rules, 2000.;