SC upholds NGT’s decision to raze 29 bungalows near Indrayani
The apex court at the August 1 hearing also dismissed the plea seeking ₹5 crore as compensation against the environmental damages caused by the bungalow construction
The Supreme Court (SC) has rejected the petition of 29 bungalow owners stating that the National Green Tribunal (NGT) has not committed any error in its judgement to demolish their structures constructed illegally on Indrayani riverbed.
The apex court at the August 1 hearing also dismissed the plea seeking ₹5 crore as compensation against the environmental damages caused by the bungalow construction. The SC has directed the petitioner to register a civil appeal if they wanted to.
The NGT Western Zonal Bench on July 1 had ordered the Pimpri Chinchwad Municipal Corporation (PCMC) to demolish 29 bungalows at Survey Number 90 spread across the blue flood line area of Indrayani River within six months. The court had also dismissed the plea of ₹5 crore compensation against the environmental damages caused by the bungalow construction.
The bungalow owners later filed a case at the Supreme Court that gave its order on August 1 stating that the NGT has not committed any error in law or fact.
The issue came to light when Tanaji Gambhire of Pune city had filed a case before the NGT in 2020 regarding environmental violations, land use conversions, and the responsibility for environmental damage.
After several responses from related authorities and a field visit report by the Maharashtra Pollution Control Board (MPCB) officials, the NGT Western Zonal Bench comprising Justice Dinesh Kumar Singh, judicial member, and Vijay Kulkarni, expert member on July 1 issued the order for demolition of 29 bungalows located at Chikhali area in Pimpri-Chinchwad.
Makarand Nikam, city engineer, PCMC said, “PCMC even at the time of construction had issued notices to the landowners. Since the matter was under judicial consideration, we could not take action against them. As we have received the Supreme Court and NGT orders for demolition, action will be taken after serving the owners notice and seeking their response.”
The blue lines mark the flood level expected over a 25-year period, and the red lines for 100 years. The land between the two flood lines is known as a “prohibitive zone” where construction is banned. However, in recent years, unauthorised construction, illegal debris dumping and levelling, encroachments and waste dumping have taken place on the riverbed.