ORDER

1. The Applicant is a resident of 4 04, Sai Darshan SRA CHS, Bunder Pakhadi Road, Dahunukar Wadi, Kandivali (West), Mumbai-400 067.

2. The Original Applicant has filed this Original Application under Section 15 read with Section 18 of the National Green Tribunal Act, 2010 alleging among other things that the Project Proponent namely Respondent No. 2 by utilizing the services of the builders namely Respondent nos. 3 and 4, is putting up construction of super structures having an area, more than the threshold area of 20,000 sq.mts. by deliberately showing that it is less than 20,000 sq.mts.

3. The Respondent no.2- Project Proponent by adopting the said modus operandi, deliberately avoided getting an Environmental Clearance (EC) in terms of Environment Impact Assessment Notifications 1994 and

2006.

4. The Learned Counsel appearing for the Original Applicant would contend as follows:-

a. The Respondent No.3 along with Respondent no.4, who is executing a Slum Rehabilitation Scheme (SRS) at CTS No. 628A and 629C of Village Kandivali, Taluka Borivali, (Bundar Pakhadi Road), Mumbai.

b. The Original Applicant suspecting that in order to avoid, getting of Environmental Clearances under the above cited Notifications, has been deliberately shown the area of construction is less than 20,000 sq.mts., has engaged the services of Mr. Anil L. Korgaonkar, Architect, Mumbai -67 and also provided to him, supporting materials.

5. The said Architect vide report dated 04.02.2019, opined and concluded as follows:-

“Every efforts have been made to ensure that each and every area under FSI and Non FSI is counted, as desired by Shri Mohan Pralhad Brahme.

I am trying to place my observations and analysis of data in the form of table to simplify the things.

r. No.	WING	Construction Area as per Report	Excel Work Sheet	Construction Area as per Project Architect’s Statement	SRA Drawing Page No.
1.	WING A	6,706.13	1-(1st Pg)	519 4.36	1101
2.	WING B	15,032.62	1-(2nd & 3rd Pg)	9,227.26	1111
3.	Total Area	21,738.75		14,221.62	S

It is my recommendation to refer respective Summery Sheets and Statement in Excel provided along with this report to tally the figures in case find any difficulty This report is prepared on the basis of information, documents, drawings provided by Shri. Mohan Pralhad Brahme one of the existing tenants.

Issue without prejudice.”

6 . The primordial, forceful and vehement submissions made by Learned Counsel appearing for the Original Applicant is that despite the statutory authority namely the Respondent No.2 is under obligation and rather under mandate to adhere to the Environment Notifications, has deliberately shown the area in which construction project/activities are going on, less than 20,000 sq.mts., and the builders namely Respondent Nos. 3 and 4 are also actively colluding the Respondent No.2, and abetting the illegal activities. The Learned Counsel appearing for the Original Applicant further submitted that assuming the excess area of construction is minimal in number, there is no provision available to accord a post-facto Environmental Clearance.

7. In sum and substance, it is the stand of the Original Applicant and in the light of the said illegal acts writ at large on the face of it, the Tribunal may issue appropriate directions for demolition of the offending/infringing portions of the construction with a further direction to the Respondent No.2 to pay the cost for restoration of environment, with adequate compensation and other allied reliefs.

8. The Tribunal while entertaining this Original Application on 18.03.2020, has directed Respondent Nos. 2, 3 and 4 to show cause as to why, the interim order for stay sought for by the Applicant shall not be granted and adjourned the matter.

9 . The Tribunal vide order of ad-interim directions dated 20.07.2020 has taken note of the factual dispute as to the actual area of construction, thought fit to constitute a Committee consisting of one representative of Ministry of

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