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2022 Supreme(Online)(NGT) 873
Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.11/2022/EZ IN THE MATTER OF:
Z1 RESIDENTS’ WELFARE ASSOCIATION, Through its General Secretary, Bidhubhusan Nayak, Tower 1, Flat No. 1304, Z1 Estate, Nadankanan Road, Kalarhanga, Patia, Bhubaneswar, Odisha-751024 ………Applicant(s)
Versus
1. Z ESTATES PRIVATE LIMITED, Registered office at M/4-34 Acharya Vihar, Bhubaneswar, Odisha-751013;
2. SHRI TAPAN KUMAR MOHANTY, Managing Director, Z Estates Private Limited, At M/4-34, Acharya Vihar, Bhubaneswar, Odisha-751013;
3. MEMBER SECRETARY, Odisha State Environment Impact Assessment Authority, (SEIAA), Qr. No.5RF-2/1, Unit-IX, Bhubaneswar-751022, 4. MEMBER SECRETARY, Odisha State Pollution Control Board, A-118, Nilakantha Nagar, Unit-VIII, Bhubaneswar-751012, 5. MEMBER SECRETARY, Central Ground Water Authority, 18/11, Jamnagar House, Mansingh Road, New Delhi-110011, 6. REGIONAL DIRECTOR, Central Ground Water Board, South Eastern Region, Bhubaneswar Bhujal Bhawan, Khandagiri, Bhubaneswar, 7. DEPUTY DIRECTOR GENERAL OF FORESTS (C), Ministry of Environment, Forest & Climate Change, Integrated Regional Office, A/3, Chandersekharpur, Bhubaneswar-751023, ……….Respondent(s)
Date of hearing: 01.05.2023 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Sankar Prasad Pani, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Kallol Basu, Advocate a/w Mr. Nilanjan Pal, Adv.
and Ms. Radhika Mishra, Adv. for R-1&2,(in Virtual Mode), Mr. Apurba Ghosh, Advocate for R-3, Ms. Papiya Banerjee Bihani, Adv. for R-4 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-5 & 6 (in Virtual Mode)
For the Petitioner: SANKAR PRASAD PANI
For the Respondent:
ORDER
1. Mr. Sankar Prasad Pani, learned Counsel is present (in Virtual Mode) for the Applicant. Counsel for the Respondents are present in Virtual Mode.
2. The broad allegations made in the present Original Application are that the Respondent Nos. 1 and 2 have been carrying out constructions in Phase-I & II over a built-up area of 3,95,865.09 m2 for which they were accorded Environmental Clearance on 17.03.2020 (Annexure 9 to the Original Application). It is also alleged by the Applicant’s Association that in violation of the conditions of the Environmental Clearance, Green-Belt and Avenue Plantation required over an area of 20% of the site using native trees species/plants, was supposed to have been planted by the Project Proponent, Respondent Nos.1 and 2, covering an area of
30,929.22 m2 but this has not been done.
3. It is further alleged that the compliance of condition of No Objection Certificate (NOC) from the Central Ground Water Board and permission of Water Resource Department, Govt. of Odisha, has not been undertaken.
4. The Applicant in his Original Application alleges that following Environmental Clearance conditions have not been complied with which read as under:-
“1. Green-Belt and Avenue Plantation over at least 20% of the site using native trees species/plants area not there. SEAC Committee observes that Green belt for Phase I is virtually absent except decorative plants such as Krushna Chuda, Ficus panda etc. in the periphery of the boundary of Phase I and landscaping.
2. Compliance of Conditions of “NOC” from CGWA and permission of water Resource Department, Govt. of Odisha is not available.
3. Detail workable plan/scheme either for zero discharge/or discharge to main road side drain through STP and oil water separation unit, particularly for monsoon period so that it will not affect the human health/environment is not available.
4. STP does not have the facility for complete treatment (Primary, Secondary and tertiary) of waste water.
5. The water treatment plant does not have any iron remover although one of the water source has high iron content.
6. The zero liquid discharge is not maintained, there is no oil water separation unit and thereby discharge of untreated water to Budhi Nalla which is mentioned as Buri Nall in EC letter.
7. Absence of facility for use of Renewable/Solar Energy in Phase I against a stipulation of at least 5% of the total power consumption for Phase I for street and common area solar lighting.
8. Diesel Generator sets in Phase I of project have inadequate Stack heights and same is violation of CPCB Norms.
9. Dust control measures not adopted to control dust and noise pollution during the construction of Phase II for which the senior citizens were the worst sufferers.
10. Rain Water harvesting/Recharge Pits reveals that water harvesting for storm water and runoff water is not available.
11. No facility for segregation of solid wastes into Biodegradable and non-biodegradable category.”
5. The Respondent Nos. 1 & 2, (hereinafter referred to as ‘Project Proponent’), have filed their counter-affidavit dated 05.03.2022, denying the allegations in the Original Application and further submitting that the claims made by the Applicant with regard to the Respondent Nos.1&2, are misconceived, vexatious and frivolous, apart from not being maintainable and Applicants have no cause of action.
6. In the affidavit, it is stated that the Applicant submitted a letter on
05.10.2021 to the Respondent No.3, SEIAA, Odisha, alleging non- compliances of the stipulated conditions by the Respondent Nos. 1 & 2, in the Phase-I of the Project. It is stated that a four Member Committee was formed by the SEIAA, Odisha, to investigate the purported non-compliance of the stipulated conditions by the Project Proponent and the said Committee visited the site and conducted an investigation in the presence of one representative of the Applicant at the project site on 20.01.2022. It is stated that representatives of the Applicant and Re
