In the case of Ansal Properties and Infrastructure Limited, Sushant Lok, Phase 1, residential complex in Gurugram, the NGT (National Green Tribunal) has directed the Central Pollution Control Board (CPCB) to launch prosecution and direct to closer of the same as they have violated environmental norms.
Also some directions were given to Apex pollution monitoring board to exercise its territory power to determine and recover the damages from the project proponent as per the procedure prescribed under the Air Act and Water Act.
It was pointed out by the NGT bench justice Adarsh Kumar Goel that the construction was done without the permission of Air Prevention and Control of Pollution Act and Water Prevention and Control of Pollution Act and also requisite environmental clearance was not done.
The bench including Justice SP Wangdi stated his view that rainwater harvesting system was not installed and No Objection Certificate (NOC) was not taken from CGWA (Central Groundwater Authority). Also other problems such as sewage and maintenance were not done with due care and thus Construction and Demolition Waste Management Rules 2016 were violated.
NGT also said that CPCB have their discretion to co-ordinate with the concerned authorities including CGWA and State Pollution Control Board. Also action plan was asked to be submitted within 3 months by email. The tribunal on September 19, 2018 set up a joint committee comprising officials from Town and country planning department, Haryana Delhi school of planning and architecture, Central groundwater authority and state environment impact assessment authority to furnish of actual report. The terminal direction came on a plea filed by Praveen Kakkar and others alleging encroachment of parking green areas in block C of Sushant Lok, phase 1, Gurugram. Further it was added that with options of water harvesting system there was also practice of illegal extraction and supply of contaminated groundwater. It was also stated that it was mandatory to live 45% of land for roads open spaces schools public common uses in clause 4 (1) of Haryana development and regulation of urban area rules 1976.
On June 18th 2019 Central pollution control board (CPCB) Ansal properties and infrastructure guilty due to nuisance caused by discharge of untreated water for 281 days in its 604 acre residential complex at Sushant lok, Phase 1 in Gurugram. Directions where given by CPCB to chairman of the form to stop all the construction / expansion activities in Sushant lok, Phase 1 Gurugram immediately. Along with this CPCB put forth the view that the builder also violated norms by encroaching green areas and illegally extracting groundwater without No Objection Certificate from the Central Ground Water Authority (CGWA). Rupees 14.6 9 crore was awarded as compensation by the effects pollution control board towards the real estate developer.
The Haryana Board was asked to cut off electricity as well as water supply and directions were given to builders to submit the plan to CPCB with necessary evidence.
Courtesy/By: Renu Kathale
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28 Jun 2019
