The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the death of hundreds of fish in Indrayani river at Dehu, Pune district (Maharashtra).
The Petition is registered suo-moto on the basis of the news item dated 15.03.2024.
As per the article, hundreds of fish were found dead at Dehu.
The article states that MPCB has attributed the drop in the level of dissolved oxygen as the cause behind the incident.
It states that the water of the river had a dissolved oxygen level of 3.4ppm (Parts Per Million) whereas fish require an average of 5- 6ppm for survival. Increasing temperature and stagnant water due to bund on the stretch have also been cited as the probable causes.
The news item further alleges that untreated water was directly being discharged into the river.
The article quotes that there are two nullahs from where sewage directly flows into the river at Dehu and the panchayat’s STP is also not functional here. According to the article, the authorities have not removed water hyacinth and now when they are removing it, thousands of dead fish are coming out.
The article states that the Mahasheer fish found here is considered sacred among the Warkari community. Fish with as much as 45 kg of weight and upto 4 feet of height have been found dead.
The article alleges that the area hosts fish as big as 65 kg and all of them are under threat due to inaction by the administration.
The above news item indicated the Bench violation of the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(i) Maharashtra State Pollution Control Board, through its Member Secretary.
(ii) Central Pollution Control Board, through its Member Secretary.
(iii) Central Institute of Fisheries Education (CIFE), Through its Director.
(iv) District Collector /District Magistrate, Pune.
The Bench issued notice to the Respondents.
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 22.07.2024.