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NGT Bench fined Rs 3 crore 48 lakh to Dudhwala Group of Mumbai for its Rock Corner building project

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National Green Tribunal bench has ordered to file criminal cases against BMC officials for environmental degradation

MUMBAI: The National Green Tribunal Bench, Pune has ordered the developer Dudhwala Group of the Rock Corner building, at Belasis Road, near Bus Depot, Mumbai Central East, to pay the fine of Rs 3.48 crores within two months for granting construction permission to the said project from the Building Permit Department of Brihan Mumbai Municipal Corporation(BMC), without obtaining the permission of the Environment Department. The NGT bench has also instructed to file criminal charges against the municipal officials who granted construction permission to the developer. In its order NGT Bench said, “If the permission for construction was given wrongly, then conduct a departmental inquiry through the BMC Commissioner and publish the report on the MCGM and MPCB websites.

Environmental activist Sayyed Mohammad Sabir had requested the NGT Bench, Pune to demolish the unauthorized construction which is without environmental department permission and impose a penalty on the builder Dudhwala for constructing the Rock Corner building without obtaining necessary permission. Accordingly, National Green Tribunal, Pune bench had ordered to form a joint committee of five members and asked them to submit a joint report in this case. In this committee members comprises were Principal Secretary of Environment Department, Government of Maharashtra, State Environment Impact Assessment Authority (SEIAA), Maharashtra Pollution Control Board (MPCB), Maharashtra Housing and Area Development Authority (MHADA) and Collector, Mumbai City and BMC Commissioner. The committee had inspected the site and submitted a report to the NGT Bench to fine the developer for environmental degradation.

The complainant filed a complaint with the Green Tribunal regarding the illegal and irregular construction without obtaining environmental clearance from the State Environmental Impact Assessment Authority (SEIAA) of the Government of Maharashtra and the consent of the Maharashtra Pollution Control Board (MPCB) against the Dudhwala Group. The final hearing of the said application was held on January 12, 2023 before the Hon. Judge Dinesh Kumar Singh of Green Tribunal and Dr. Vijay Kulkarni, an Environmental Expert. The Green Tribunal Bench passed its final verdict on January 30. Also, the Maharashtra Pollution Control Board has ordered the payment of penalty amount within two months from the date of the environmental compensation order by breaking down separate figures for the environmental damage caused due to non-observance under the Water Act, 1974 and Air Act, 1981 since 2011.
A high-level committee was also constituted by National Green Tribunal. The said committee submitted its report. A clear finding of guilt was recorded. Taking this report into account, the bench gave this historic decision. In the said case, Adv. Nitin Lonkar, Adv. Sonali Suryavanshi, Adv. Tanaji Gambhire and Adv. Pradnya Bheke appeared / represented the environmental activist and complainant Sabir Syed.

Maharashtra

Maharashtra: Relief For Marathwada As Jayakwadi Dam Reaches Full Capacity, Lakes Supplying Water To Mumbai Cross 98% Mark Amid Heavy Rainfall

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Mumbai: In a major relief to the drought-prone Marathwada region, the Jayakwadi dam reached 100 per cent water storage on Saturday, September 7. The dam, located in Paithan, Chhatrapati Sambhajinagar (Aurangabad) is a major water supplier for Marathwada. Jayakwadi dam on the same day last year had mere 32.60 per cent water storage, according to the data by the Maharashtra Water Resources (WRS) Department.

What State Water Resources Data Says

Amid heavy rainfall this monsoon, all 2,997 dams in Maharashtra (including major and minor) have reached total of 83.15 per cent water levels, which is almost 20 per cent more than last year, the WRS data says.

If only major 138 dams are considered, which cover all regions- Konkan (including Mumbai), Pune, Nashik, Nagpur, Amravati and Chhatrapati Sambjajinagar (Marathwada), the total water storage as of Saturday has reached 92.63 per cent. On the same day last year, the water level were mere 70.92 per cent, WRS’ live storage comparison report says.

It is the first time since 2018 that almost all major dams in Maharashtra have reached 100 per cent water storage, indicating that the state may not face severe water shortage up to next monsoon.

Water Level in Mumbai Lakes

Amid heavy rainfall in last few days, the seven reservoirs supplying water to Mumbai have crossed 98 per cent water storage. As of September 6, the water stock in seven lakes including Upper Vaitarna, Middle Vaitarna, Bhatsa, Tansa, Tulsi, Vihar and Modak Sagar was 98.06 per cent. On the same day last year, water stock in these seven lakes was 90.39 per cent.

Rainfall in Maharashtra

Last week, parts of Maharashtra, particularly the Vidharbha and Marathwada regions received intense rainfall. Several districts in Marathwada went under water and lakhs of hectors of crops were damaged. The flood-like situation took 12 lives and thousands of villagers were relocated to safer locations.

This monsoon, Maharashtra has witnessed above normal rainfall, with the state receiving more than 126% of average rainfall from June 1 until last week.

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Maharashtra

‘Cannot Say Who Will Be CM After Election’: Devendra Fadnavis Says ‘Authority To Decide Is With Parliamentary Board’

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Mumbai: At a time when the opposition Maha Vikas Aghadi (MVA) is grappling with the issue of its chief ministerial candidate, the picture in the ruling Mahayuti is not different either. Deputy chief minister Devendra Fadnavis said on Friday that while the Mahayuti will contest Assembly elections under Eknath Shinde’s leadership, he cannot say who will be the Chief Minister after the election.

Participating in a conclave organised by a regional news channel, Fadnavis said, the authority (to decide on CM) was with the parliamentary board of our party and the National Democratic Alliance (NDA). There was no dispute among the alliance partners over the chief ministerial face, he added further.

Eknath Shinde is heading the state government and the person who holds the post of Chief Minister leads the election, said Fadnavis adding, the assembly election will be contested under the leadership of Eknath Shinde.

Fadnavis also made it clear that there were no differences among the partners in Mahayuti on the issue of CM. The BJP parliamentary board will take a decision on it after the assembly elections and it will be acceptable to all of us. Eknath Shinde is the head of the state, so we will go before the people under his leadership, Fadnavis reiterated.

When asked about any assurance given to Shinde by the central leadership on the CM’s post after the elections, the reply given by Fadnavis was that if they have any discussion about this, it will come before us after some time and we will decide accordingly.

A Snipe At Uddhav Thackeray And The Reply By Aaditya

Fadnavis took some potshots at his arch political rival Uddhav Thackeray also. If there have been three-four faces in the mind of Sharad Pawar it surely not be that of Uddhav Thackeray, said the Dy CM. He was camping in Delhi for 3-4 days to get his name announced as the CM candidate but nothing was achieved.

Moreover, the Congress senior leader Sonia Gandhi did not allow him to click the picture of the meeting he had with her, Fadnavis claimed. Participating in the same conclave Aaditya Thackeray offered his reply on this. Taking a jibe, the former minister said, if it was not for Uddhav Thackeray, even Fadnavis’s face is not before the Mahayuti leaders as the next CM.

When asked about his reaction Chief Minister Ekanth Shinde said, do your duty and do not worry about the results. I work hard, and don’t think about the outcome. I do not think what I have achieved but rather what the state has received, he said. We are working as a team and will continue to do so, said the CM.

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Maharashtra

Mumbai: PIL Filed In Bombay HC Seeking Ban On DJs, Dance, Music, & Laser Lights During Eid Milad-Un-Nabi Processions

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Mumbai: PIL Filed In Bombay HC Seeking Ban On DJs, Dance, Music, & Laser Lights During Eid Milad-Un-Nabi Processions

Mumbai: A public interest litigation (PIL) petition has been filed in the Bombay High Court seeking a ban on use of DJs, dance, music, and laser lights during the upcoming Eid Milad-un-Nabi processions.

About The Plea Filed In The Bombay HC

The PIL filed by four businessmen from Pune – Zuber Peerzade, Siddiqui Alam, Amran Shaikh and Gousemoddin Shaikh – has urged the high court to direct municipal corporations to refrain from granting permission to use DJs, dance, music, and laser lights during the processions.

Neither the holy Quran nor Hadith prescribes the use of DJ sound systems and laser lights for celebrating Eid Milad-un-Nabi, nor did the Prophet himself advocate such forms of celebration, the plea asserts. 

The plea, filed through advocate Owais Pechkar, has urged that all religious festivals celebrated in public places must adhere to the provisions of the Noise Pollution Rules, and no religion or sect can claim a fundamental right to use DJs, speakers, or noise-creating instruments as part of their rights under Article 19(1)(a) and 25 of the Constitution of India.

“The petitioners are distressed by the use of DJs and Laser Lights beams during Eid-e-Milad un- Nabi celebration processions, which results in excessive noise pollution, violating regulations and disturbs the practice of a Muslim that affects the morality of Islam and infacts are against the teachings of Prophet Muhammad (SAW),” the plea said.

Point Highlighted By The Plea

It highlights that despite high court directions to the State government, it has failed to control noise pollution during festival celebrations. Further, no grievance redressal mechanism has been created to address complaints regarding the use of DJs and laser lights during festivals on public roads.

No one is entitled to hold religious functions on the streets with loud systems and laser light beams, the plea emphasizes.

“No, one is entitled to claim that holding of religious functions / ceremonies on streets and footways is protected by Article 25 of the Constitution of India. No one has the fundamental right to play loud DJ sound systems and use hazardous laser light beams on a street, public road or footway by obstructing free flow of traffic as it is not an essential part of any religion and in particular of Islam,” the plea reads.

The petitioners made a representation to the authorities raising the issue, however considering that the Eid E Milad is round the corner, they approached the HC. 

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