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ABHAY S. OKA, SANJAY KAROL
Sweta Estate Pvt. Ltd. – Appellant
Versus
Haryana State Pollution Control Board – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. By this appeal, the appellant has taken an exception to the judgment and order dated 24th February 2020 passed by the National Green Tribunal, Principal Bench at Delhi. The appellant undertook a project of developing a housing colony at Gurgaon - Sohna Road, Sector 48, Gurgaon, Haryana. The housing project comprised several buildings containing apartments, service apartments, etc. Initially, in August 2006, the appellant applied to the Haryana State Pollution Control Board (for short ‘the Board’) for a grant of Consent to Establish (CTE) under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (the ‘Air Act’) and Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 (the ‘Water Act’) to the Board. Based on another application made by the appellant, on 10th April 2007, the Ministry of Environment, Forest and Climate Change of the Government of India granted environmental clearance (EC) to the appellant to develop the housing complex. On 18th April 2007, the Board granted CTE under the Air and Water Act. In 2013 and 2015, the appellant applied for renewal of the CTE. The applications were rejecte
Environmental clearance (EC) – Appellant is bound by condition in ex-post facto CTE – After having acted upon ex-post facto CTE, appellant cannot be allowed to approbate and reprobate.
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
Manufacturing units with pollution board consents can operate pending ex-post facto environmental clearance despite lacking prior EC, if applied timely post-direction and comply with norms, avoiding ....
The main legal point established in the judgment is the requirement for fresh appraisal and prior clearance for changes in the scope of construction projects, as well as the applicability of penal pr....
The National Green Tribunal's jurisdiction under Section 16 permits aggrieved parties to challenge environmental clearances to ensure compliance with ecological protection standards.
Requirements of prior Environmental Clearance - It is a trite law that a writ cannot be issued on ground of violation of principles of natural justice if only one conclusion is possible in a given si....
Points of law : Given mandate of the NGT Act, exercise of discretion, as was done in this case, to reject appeal by dismissing application for condonation of delay, on ground that no sufficient cause....
The main legal point established in the judgment is the importance of adhering to environmental regulations, the jurisdiction of the NGT, and the limitation period for challenging environmental clear....
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