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2022 Supreme(Online)(NGT) 1341
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
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Original Application No.49/2021(WZ)
I.A. No.49/2021(WZ) & I.A. No.146/2023(WZ)
IN THE MATTER OF:
MR. SAYYED MOHAMMED SABIR USMAN R/o: Flat No. 612, C-Wing, Mount Kailash Apt., Belasis Road, Mumbai Central, Mumbai-400 008.
…..Applicant Versus
1. UNION OF INDIA Through Secretary, Ministry of Environment, Forest & Climate Change, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi -110 001.
2. THE PRINCIPAL SECRETARY, ENVIRONMENT DEPT.
Government of Maharashtra, Room No. 217, 2nd Floor, Annex Building, Mantralaya, Mumbai-400 032, Maharashtra.
3. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY- MAHARASHTRA (SEIAA)
Through Member Secretary
15th Floor, New Administrative Building, Mantralaya, Mumbai-400 032, Maharashtra
4. MAHARASHTRA POLLUTION CONTROL BOARD Through Member Secretary, Kalptaru Point, 3rd Floor, Near Sion Circle, Opp. Cine Planet Cinema, Sion (E), Mumbai-400 022.
5. MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM)
Through Municipal Commissioner Head Quarter, Near Chhatrapati Shivaji Terminus, Mumbai- 400 001.
6. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY-MHADA Through its CEO, MHADA Grihanirman Bhavan, Kalanagar, Bandra (E), Mumbai-400 051.
7. COLLECTOR OF MUMBAI CITY Mumbai City Collectorates, Old Custom House, Fort, Mumbai, Maharashtra 400 001.
8. M/s. CASTLE REALTORS PRIVATE LIMITED Having its registered office at:
292, Bellasis Road, Dudhwala House, 3rd floors, A Wing, Near ST Depot, Ward E, Mumbai Central, Village- Ramwadi, District-Mumbai City, Mumbai-400 008, Maharashtra.
Having its Business Office:
NDW Group, One Forbes, A wing 2nd Floor, DR. VB Gandhi Marg, Kalaghoda Fort, Mumbai: 400 001, Maharashtra.
Through its Directors:
8A. Mr. Nisarahmed Ibrahim Patel
8B. Mr. lshaq Valibhai Patel .....Respondents Counsel for Applicant:
Mr. Tanaji Gambhire, Advocate along-with Mr. Vijay Mhaske, Advocate Counsel for Respondent(s):
Mr. Deepak M. Gupte, Advocate for R-1/MoEF&CC Mr. Aniruddha Kulkarni, Advocate for R-2/Envt. Deptt. & R-3/SEIAA Ms. Manasi Joshi, Advocate along-with Ms. Pooja Natu, Advocate for R-4/MPCB & R-6/MHADA Mr. Manoj Wad, Advocate along-with Mr. Pankaj Pardeshi, and Mr. Kapil Agarwal, Advocates for R-5/MCGM Mr. Saket Mone, Advocate along-with Mr. Abhishek Salian and Ms. Anchita Nair, Advocates for R-8 PRESENT:
Hon’ble Mr. Justice Dinesh Kumar Singh (Judicial Member)
Hon’ble Dr. Vijay Kulkarni (Expert Member)
Reserved on : 03.01.2025 Pronounced on : 03.02.2025
For the Petitioner: NITIN NARAYANRAO LONKAR, NITIN LONKAR, SONALI SURYAWANSHI
For the Respondent:
JUDGMENT
1. This Original Application has been preferred with the prayers that a direction may be issued to the Respondents (Government Authorities) to demolish the illegal structures at City Survey (CTS) No.1/378 of Mazgaon Division, Balwant Singh Dhody Marg of Nesbit Road, Mazgaon, District- Mumbai City, Mumbai, where respondent No.8- M/s. Castle Realtors Pvt. Ltd./Project Proponent has constructed the Project “NDW Aquagem”, which is a residential and commercial project, without Consent to Establish and Consent to Operate, in violation of the terms & conditions of Environmental Clearance dated 25.06.2007, which was issued by MoEF under Environment (Protection) Act-1986 read-with EIA Notification, 2006; further it is prayed that an amount of EDC may be levied from respondent No.8 based on the ‘polluter pays’ principle.
2. In brief, the facts of this case are that the total project land claimed by the Project Proponents is admeasuring 4,855.93 M2 with permissible Built-up Area as per FSI being 16,641.70 M2 and the total constructed Built-up Area being more than 50,000.00 M2. The Project Proponent obtained prior EC dated 25.06.2007, which was valid till 24.06.2012 as per EIA Notification-2006. But the PP carried out the construction till date without getting the EC amended from the SEIAA or MoEF. The PP has not obtained prior Consent to Establish as mandated under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 from the MPCB. The PP has completed part project in the year 2016-17 and started enjoying the same without obtaining prior Consent to Operate as mandated under Section 26 of the Water Act and Section 21 of the Air Act from the MPCB. The Project Proponent has obtained Consent to Establish on 05.11.2009, validity of which expired after lapse of 5 years i.e. on 05.11.2024 but the same was not got revalidated.
3. It is further mentioned in this application that the PP is extracting huge quantity of ground water from four bore wells for construction of the said project as well as for domestic use by occupants of the project, without any permission from Central Ground Water Authority for operational purpose. The PP has not provided any solid waste management system and that the waste generated is being dumped in MCGM waste yard, creating burden on public system and the same is also generating various greenhouse gases. There is no scientific disposal of the solid waste generated from the project in question. The other infirmities of the project are recorded as follows: the PP has not provided any energy conservation system for energy saving such as solar system; PP has not provided any rain water harvesting system for ground water recharge; PP has not preserved top layer of fertile soil and not conducted soil testing for contamination; PP has not done tree plantation as per the norms; PP has installed 4 DG sets at the project site and operation of the same is causing air pollution; the huge quantity of sewage water is generated and there is no scientific treatment of sewage water; PP has not complied with the conditions of commencement certificate relating to the installation of environment infrastructure to avoid the degradation; PP has not developed the 10% open space as per the DC Rule; PP has not provided the ramp slope in the ratio of 1:10 as mandated in DC Rules of MCGM; PP has not provided site margin as per the DC Rules of MCGM; PP has not provided fire and safety system at the site in question; PP has not prepared any environment management plan; PP has carried out substantial change in the scope of the project in violation of terms and conditions of EC dated 25.06.2007, which is annexed as Annexure- A. The EC dated 25.06.2007, which was procured by the Project Proponent, contains following conditions:-
“2. The project proponent is proposing for construction of residential and commercial complex at C. S. No. 378 and 1/378 of
