ORDER

The Issue – compliance of norms by M/s. Rhythm Country in raising Housing project at Pune

1. Grievance in this application is against violation of environmental norms by M/s. Rhythm Country (the project proponent) in setting up a construction project at 10(P), 11(P) Autade Handewadi Haveli, Pune. Construction commenced without requisite Environmental Clearance (EC) as per Environmental Impact Assessment (EIA) Notification dated 14.09.2006 and without requisite consent under the Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974. The Maharashtra State Pollution Control Board (SPCB) issued a show cause notice on 03.01.2020 followed by the order dated 6.7.2020 declining consent under the Air Act, 1981 and the Water Act, 1974 on account of the following failures:

“(i) You have not replied to the show cause notice issued by Board dated 03.01.2021.

(ii) You have completed construction BUA more than restricted BUA in EC in EC i.e. 76,236.72 Sqm. (Actual constructed total BAU 101301.82 sqm).

(iii) You have not obtained re-validated consent to Establish since 2016.

(iv) You have has not submitted approval sanction plan from corporation.”

2. It is stated that inspite of order dated 06.07.2020 of the Maharashtra SPCB directed stopping of construction work of the project, the project proponent continued the construction activities and completed construction measuring 1,01,301.82 Sqm.

Procedural History

3. Vide order dated 08.06.2021, the Tribunal directed a joint Committee of MoEF&CC, CPCB and State PCB to verify the compliance status of the project and give a report to this Tribunal. It was also directed that another Committee constituted for conducting functional audit of functioning of SEIAA may also cover the violations in the present case.

Joint Committee report about compliance status and stand of PP

4. Accordingly, the said joint Committee filed its report on 12.01.2022. It mentions that the Committee carried out site inspection in the presence of the Project Proponent (PP). It was found that EC was granted to the PP on 27.11.2017 in accordance with the MoEF&CC Notification dated 09.12.2016 by the Pune Municipal Corporation (PMC). However, this Tribunal vide judgment dated 08.12.2017 disapproved the said Notification against which appeal is pending before the Hon’ble Supreme Court but no stay has been granted. However, the Hon’ble Supreme Court vide judgment dated 26.11.2021 in Civil Appeal No. 595/2021 held that the EC granted before NGT judgment has to be treated as valid but any further construction has to compliant with said judgment. Thus, taking EC dated 27.11.2017 as valid, there are violations as follows:-

“3.0 CONCLUSIONS:

(i) Subsequent to notification dated 09.12.2016 (copy given at Annexure-II), Pune Metropolitan Regional Development Authority (PMRDA) vide letter dated 27.11.2017 granted Environmental Clearance to PP for the construction of residential and commercial project for FSI- 77660.0 sq.m; Non FSI- 68022.28 sq.m and total built up area of 1,45,682.28 sq.m.

(ii) PP has constructed total built up area 32,226.01 sq.m, as on 08/11/2021 as per (i) information provided by PMRDA vide letter dated 05.01.2022 (copy is given at Annexure-IX).

However, the following non-compliances of the aforesaid EC dated 27.11.2017 by PP have been observed:

(a) Commercial Building A and B have been constructed to "Gr.+ Middle Floor +2 Floor" whereas in the said EC dated 27/11/2017 configuration of the same is mentioned "" G+2".

(b) Club house of total built up area of 431.91 sq.m. has been constructed which is not included in the list of buildings mentioned in the EC dated 27.11.2017. Plinth check certificate for club house is given on 16.03.2020 by PMRDA.

(iii) PP has applied for EC to SEIAA vide Application dated 18.07.2020 for Total Built up Area of 1,84,1434 sq.m. and SEIAA granted ToR vide letter dated 08.02.2021. However, EC is not yet granted by SEIAA.

Further, changes in construction made