The National Green Tribunal (NGT) took Suo Motu cognizance of the issue that the chemical tankers are discharging the chemicals in Rayata Villafge affecting about approximately 60 families.
The application is registered suo motu on the basis of the news item appearing in the daily newspaper dated 30.12.2023.
The news item contains the complaint of the residents of Rayta village in Kalyan alleging that chemical tankers are emptying hazardous substance into a nearby nullah at night and that the residents are experiencing foul smells and contaminated borewell water and their crops have suffered damage.
The report further reveals that the chemical tankers are emptying hazardous substances into the nullah connected to the Valivali River at night and that approximately 60 families residing in that area are affected and are facing the problem of breathing difficulty.
The chemical tankers are entering the area specifically at night and discharging the chemicals into the nullah in secluded areas .
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. Senthil Vel impleaded the following as respondents in the Original Application:
(i) Maharashtra Pollution Control Board (MPCB), through its Member Secretary
(ii) District Collector/ District Magistrate, Thane
Since the matter relates to the Western Zonal Bench, Pune, therefore , the Bench transferred the matter to the Western Zonal Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 01.04.2024 .
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