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2022 Supreme(Online)(NGT) 1555

NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
SATISH SANJAY MAGADE – Appellant
Versus
M/S. RHYTHM COUNTY & ORS – Respondent


Advocates:
For the Petitioner: BRAJESH
For the Respondent:

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.

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