SC refuses stay on RFD implementation but urges petitioner to be vigilant, ensure no violation of tribunal order

Meanwhile, the BJP expressed satisfaction that the apex court has given a go ahead to the implementation of one of its flagship projects, the foundation stone of which was laid by Prime Minister Narendra Modi last year, as now it will increase the pace of work.

The Supreme Court dismissed the petition seeking a stay on the ongoing work but allowed the petitioner, Sarang Yadwadkar, to approach the court in case the implementing agency — Pune Municipal Corporation (PMC) — fails to implement the project as per the terms laid out by the NGT and if there is violation of the directions given by the tribunal, including that of the amendment of the Environment Clearance (EC).

A division bench of Justices Sanjiv Khanna and M M Sundresh recently said, “We do not find any good ground and reason to interfere with the impugned judgment and the civil appeal is dismissed. However, it will be open to the appellants to raise pleas and contentions as available in case the appellants find that the project proponent is not acting in terms of the order passed or if there is any violation of the directions given by the NGT, including the direction with regard to the amendment of the Environment Clearance.”

“The Supreme Court has not given a stay on the RFD project but allowed us to raise the issue if there is violation of directions of the NGT norms in implementation of the project. Thus, we will closely monitor the implementation of the project,” Yadwadkar said.

In its November 11 order last year, the NGT had asked the PMC to approach the State Environment Impact Assessment Authority (SEIAA) for amendment of environmental clearance (EC), both in the terms of project scope and additional conditions to be stipulated before proceeding with any construction activity.

In January this year, Yadwadkar had urged the tribunal to direct the PMC to immediately stop all construction activities undertaken for RFD of Mula, Mutha and Mula-Mutha rivers and impose a penalty on the civic body for violation of a tribunal judgment of November 11 last year citing the ongoing work of RFD without amending the EC for the project.

“We are of the opinion that the prayer made by the applicants that PMC should be directed to stop all construction activities would entail financial loss to them which can be avoided, particularly in view of the fact that we have not quashed the EC and have permitted PMC to approach the SEIAA for seeking amended EC. But that has to be done on a priority basis,” the bench had said.

The NGT bench had said, “We further make it clear that no new work order would be issued by PMC for raising construction of any kind till the amended EC has been obtained by them.”

The PMC had issued work orders for two stretches on March 2 last year after which Prime Minister Narendra Modi laid the foundation stone for the project to be developed on the lines of the Sabarmati Riverfront Development Project. At present, the PMC has undertaken the development of the 300-metre stretch near Bund Garden on a war footing to showcase it during the G20 meeting on infrastructure.

Senior BJP leader and former mayor Murlidhar Mohol said, “The petition against the RFD has been dismissed by the Supreme Court and the NGT so the implementation of the project will gain pace. We had finalised the project after giving a detailed thought on its impact on the environment. We are satisfied that now the Supreme Court has given its confirmation to the project. We will try to complete the project on time and make it to the best standards.”

The RFD project includes the development of a 44-km river stretch, which includes 22.2 km of Mula river, 10.4 km of Mutha river and 11.8 km of Mula-Mutha river, at a cost of Rs 5,500 crore. The project is divided into multiple stretches for implementation. While work on two stretches has begun, the tender process has begun for a few more stretches.

The RFD project is aimed at beautifying the riverfront and developing facilities of recreation and tourism alongside the river that cuts across the city. However, even environmentalists are opposed to the PMC plans to cut down around 6,000 trees alongside the river for implementation of the RFD.