Big relief for Goel Ganga Developers, Pune Sessions Court Sets Aside JMFC Order

Pune: The Pune Sessions Court has given a big relief to the Goel Ganga Developers by setting aside a JFMC order to start criminal proceedings against the developer for violating the National Green Tribunal (NGT) order and carrying out construction work at its integrated housing project at Vadgaon Budruk.

The session’s court, presided by Judge S. M. Modak, delivered the order on Saturday, January 22. “The court is pleased to pass the order thereby setting aside the order of issue process passed by the learned Judicial Magistrate First Class, Pune and dismissing the criminal complaint alleging illegal construction and collusion against Goel Ganga Developers India Pvt. Ltd. and officers of Pune Municipal Corporation filed by Tanaji Balasaheb Gambhire,” said the order.

The JMFC order on 25 July last year was passed on Gambhire’s plaint alleging that the Goel Ganga Developers had violated the order given by NGT on 23.12.2015 and carried out construction at its project `Ganga Bhagyoday’. He had also made officers of PMC and Maharashtra state government respondents in the case. However, the developer had filed a revision plaint in the Sessions Court. The court observed that the complainant had failed to prove that Goel Ganga Developers continued with the construction after NGT’s order.

After discussing the entire case in detail, the Judge said in the verdict, “So, the complainant cannot succeed in prosecuting the applicants. The complainant could not satisfy me about non compliance of the interim order by carrying out construction after 23 rd December 2015 onwards, also he could not get any favourable finding on the point of sentencing applicant Nos. 2 to 4 to Civil Prison, none of the side have pointed out to me the categorical finding that construction was carried out after 23 rd December 2015. The complainant can succeed then only,” the court observed.