NGT Pune Bench Disposes Execution Application Against 100ft Road in Riverfront Development Project
The National Green Tribunal (NGT) bench in Pune has disposed of an execution application that sought directions to demolish a 100ft road being constructed by the Pune Municipal Corporation (PMC) alongside the riverfront development (RFD) project. The application claimed the road was coming up within the blue line of the Mula-Mutha river, but the tribunal found the matter irrelevant under changed circumstances.
Background of the Case and PMC's Defense
On Wednesday, the NGT bench addressed the execution application filed by activists Sarang Yadvadkar and Arnavaz Rohintan Aga. They contended that the PMC proceeded with the 100ft road construction from Bund Garden STP to Mundhwa without adhering to an August 3, 2018, NGT order. That order mandated compliance with expert committee recommendations and an assessment of the road's impact on the river bed.
PMC's lawyer Rahul Garg argued that the tribunal should consider the altered scenario. "The tribunal found force in our submission that an earlier plan to construct an elevated road along this stretch was dropped in favour of a road at the grade level," Garg told TOI. He emphasized that this change occurred after the Supreme Court and NGT cleared the Pune Metro and RFD projects, and environmental clearance was granted for the Mula, Mutha, and Mula-Mutha RFD project.
Garg further stated, "The upcoming road aims at serving the larger public interest in reducing traffic congestion." The PMC submitted a detailed affidavit on April 30, 2024, which the tribunal referenced in its decision.
NGT's Rationale and Previous Orders
The NGT bench, comprising Justice Dinesh Kumar Singh and expert member Sujit Kumar Bajpayee, held that the execution application had no relevance under the changed circumstances. They noted that the environmental clearance (EC) granted for the Mula, Mutha, and Mula-Mutha River Rejuvenation Project justified the road's construction.
"We find force in PMC's argument that after the environmental clearance granted for Mula, Mutha and Mula-Mutha River Rejuvenation Project, the said road is being constructed at the place in question," the bench stated. "Therefore, there is no possibility of the water of Mula-Mutha river flowing over the abatements of river rejuvenation structures or developmental activities."
The bench clarified that since no elevated road is being built on pillars, the directions from the 2018 order do not apply. "It is very clear that since there is no elevated road being constructed on pillars, the direction, which was passed by this tribunal in the above-mentioned original application, does not have any relevance in the changed circumstances," they added.
In the August 3, 2018, order, the NGT had specified that when the proposed 100ft wide road is taken up, recommendations from an expert committee—including representatives from NEERI, Maharashtra State Bio-Diversity Board, and Maharashtra Pollution Control Board—must be fully complied with. The committee was tasked with assessing the actual location of piers and its impact on the river bed. However, the tribunal did not adjudicate whether the road fell within the blue line at that time, as the PMC had not proposed such a road then.
Expert Committee Recommendations and Activist Concerns
The expert committee had recommended several measures for the road project, including:
- A comprehensive 3D mapping of the area.
- Visualizing impacts by superimposition of road alignment and construction activity.
- Conducting an environmental impact assessment before proceeding with the road project.
Activists argued that the PMC failed to adhere to these recommendations, leading to the execution application. However, the NGT's disposal of the application indicates that the tribunal believes the changed circumstances, particularly the environmental clearance, override these concerns.
This decision highlights the ongoing balance between urban development and environmental protection in Pune, with the NGT emphasizing the importance of updated clearances and public interest in infrastructure projects.
