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Violation Of Environmental Clearance Attracts A Damage Of Rs 100 Crore

Courtesy/By: M J Ronald | 11 Aug 2018

Real estate developers have become key drivers of the city building since 1980’s and has been increasingly fostered by regulatory arrangements and developments. As per the RERA Act, the developers are under an obligation to abide by the policies and regulations set up by the local government or the authority. Their rights and duties are clearly mentioned under the statute and also the non adherence towards the same can bring them into the pool of troubles by letting them pay hefty amount of compensation.

In a recent Judgment Supreme Court upheld an order given by NGT where they imposed a damage of Rs. 100 crores or 10% of the project cost, whichever is higher. The order was given against Goel Ganga Developers India Pvt. Ltd. for raising constructions in violation of the environmental clearance and also it was observed that there was violation of some municipal laws regarding the same.

Chapter VIII of the statute (RERA) under section 59 – 72 discusses about the penalties, offences and liabilities in case of violation of the settled law related to property in India. Hence looking into the provisions and facts and circumstances of the case, Court upheld the decision of NGT and also took into considerations the rights of the innocent people and therefore rejected the prayer seeking demolition.

Courtesy/By: M J Ronald | 11 Aug 2018