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2019 Supreme(SC) 1313

D.Y.CHANDRACHUD, AJAY RASTOGI
Keystone Realtors Pvt. Ltd. – Appellant
Versus
Anil V Tharthare & Ors. – Respondent


Advocates Appeared:
For the Appellant(s) :Mukul Rohatgi, Kunal Tandan, Pranaya Goyal, Aman Raj Gandhi, Nikhil Rohatgi, Abhishek Sharma, Sanjana Arora, Richa Saudilya, Narayani Bhattacharyya, Advocates
For the Respondent(s):Aditya Pratap, Munawwar Naseem, Chirag M. Shroff, Mahima C. Shroff, Yashika Verma, Riya Thomas, Advocates

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. The present Civil Appeal arises from an order dated 11 February 2019 of the Principal Bench of the National Green Tribunal, NGT. In its order, the NGT held that the increase in the total construction area of the appellant’s project was an “expansion” under a notification (bearing number S.O. 1533) dated 14 September 2006, EIA Notification of the Ministry of Environment and Forests. The NGT found that the appellant had undertaken an “expansion” as set out in Paragraph 2 of the EIA Notification without complying with the regulatory procedure prescribed. The appellant was directed to deposit an amount of Rupees one crore with the Central Pollution Control Board, CPCB. Noting that the construction at the project site had been completed, the NGT appointed a five-member expert committee to study the impact of the appellant’s expanded project and to suggest remedial measures.

The facts

2. The appellant is the project proponent of a residential redevelopment, called “Oriana Residential Project” situated at CTS no 646, 646 (Pt) Gandhinagar, Bandra


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