ORDER

1. The applicant-Rajesh Sharma filed O.A. No. 283/2024 under Sections 14, 15, 16, 17 read with Section 18(1) of the National Green Tribunal Act, 2010 seeking issuance of directions to the respondent authorities to take strict action and stop the illegal construction being raised by respondent no. 5 and impose environmental compensation on respondent no. 5 for illegal construction in violation of environmental norms.

2. The applicant raised the grievances that respondent no. 5-Signature Global Business Park Pvt Ltd. is raising illegal building construction of residential colonies in Village Gaduli Kalan, Sector-37D, Gurugram, Haryana in an area of 16.65625 acres (i.e. approximately 67405.45 sq meters), without obtaining prior Environmental Clearance (EC) from SEIAA, Haryana, in violation of the Environmental Impact Assessment Notification dated 14.09.2006 (EIA Notification 2006). Respondent no. 5 has also not obtained the Consent to Establish (CTE) from respondent no. 3-Haryana State Pollution Control Board (HSPB) and is illegally extracting ground water without obtaining the prior NOC from respondent no. 4- Haryana Water resource authority (HWRA). The Applicant made complaints dated 02.01.2024 and 04.01.2024 to the concerned authorities but no action was taken on the same.

3. This Tribunal disposed of the original application vide order dated

18.03.2024 and the relevant part of the order is reproduced below:-

“1. In this original application, Applicant has alleged that the Respondent No. 5 is constructing residential colony in Village Gaduli Kalan, Sector 37D, Gurugram, Haryana in an area of 16.65625 acres in violation of the environmental norms. The plea of the Applicant is that Respondent No. 5 has not obtained prior Environmental Clearance (EC) and is acting in violation of the EIA Notification, 2006 and that Respondent No. 5 has also not obtained Consent to Establish (CTE) from the Haryana State Pollution Control Board (HSPCB) and ground water NOC from HWRA for doing construction activities. In paragraph 5.3 of the petition, Applicant has alleged that new construction project is above 20,000 sq. meters (approximately 67405.45 sq. meters) and, therefore, the EIA Notification dated 14.09.2006 is attracted.

2. During the course of argument, Counsel for the Applicant could not point out as to from where the Applicant has ascertained the area of construction to be above 20,000 sq. meters. Learned Counsel for the Applicant has referred to the complaint, Annexure -A/2 (Colly) but in that complaint also no such area has been mentioned.

3. Therefore, at this stage, there is no material to support the allegation made in the OA has been filed.

4. However, since an issue relating to compliance of environmental norms has been raised, therefore, we are of the view that the Respondent No. 3, HSPCB should look into this issue and ascertain the truthfulness of the allegations and to find out if Respondent No. 5 is acting in violation of environmental norms, then take appropriate action and submit action taken report before the Registrar General of the Tribunal within a period of two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed for consideration before the Bench.

5. The OA is accordingly disposed of.

6. A copy of this order be forwarded to Member Secretary, HSPCB by e-mail for compliance.”

4. Action taken report dated 28.05.2024 was filed by the HSPCB and the relevant part of the same reads as under:

“xx …………………….xxx……………………………………..xxx 2. Inspection of the site was conducted on 23-05-2024 by the team of Regional Officer Sh. Vijay Chaudhary, HSPCB, Gurugram South, Sh. Divyanshu, AEE, HSPCB, Gurugram South and Sh. Sidharth Bhargava, AEE, HSPCB, Gurugram South. Copy of the Inspection report is attached as Annexure-R/1 and Photographs & Map are attached as Annexure-R/2. The findings of the inspection are as under :-

i. T