Back
2025 Supreme(Online)(NGT) 49
Item No.10 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.55/2024/EZ
(I.A. No.42/2024/EZ)
(Earlier O.A. No.17/2024/PB)
Sanu Das Applicant(s)
Versus
State of Odisha & Ors. Respondent(s)
Date of hearing: 29.01.2025
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Samarendra Kumar Mohanty, Adv. (in Virtual Mode)
For Respondent(s) : Mr. Sanjay Rath, AGA for R-1&4 (in Virtual Mode),
Mr. Apurba Ghosh, Adv. for R-2,
Mr. Dipanjan Ghosh, Adv. for R.3 (in Virtual Mode),
Ms. Paushali Banerjee, Adv. a/w
Ms. Shruti Swaika, Adv. and
Mr. Sourav Sharma, Adv. for R-5
Mr. Dayananda Mohapatra, Adv a/w
Mr. Arya Dash, Adv for R.6 (in Virtual Mode)
ORDER
1. Mr. Samarendra Kumar Mohanty, learned Counsel is present (in Virtual Mode)
for the Applicant.
2. Mr. Sanjay Rath, learned Additional Government Advocate holding brief of Mr.
Saswat Das, learned Additional Government Advocate is present (in Virtual
Mode) on behalf of the State Respondents.
3. Affidavit dated 15.01.2025 has been filed by the Respondent No.6, Bhubaneswar
Development Authority; the same is taken on record.
4. Affidavit dated 28.01.2025 has been filed by the Respondent No.2, State
Environment Impact Assessment Authority (SEIAA), Odisha; the same is taken
on record.
(Final order of the said case will be uploaded in NGT website by separate
sheets of paper).
.....................................
B. Amit Sthalekar, JM
…..........................................
Dr. Arun Kumar Verma, EM
January 29, 2025,
Original Application No.55/2024/EZ
(I.A. No.42/2024/EZ)
(Earlier O.A. No.17/2024/PB)
OM
2
Item No.10 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.55/2024/EZ
(I.A. No.42/2024/EZ)
(Earlier O.A. No.17/2024/PB)
in the matter of :
Sanu Das,
Owner of Flat no. 1302 & 1303,
Tower-9, Tata Ariana Kalinga Vihar,
Ghatikia, Bhubaneswar
…. Applicant(s)
Versus
1. State of Odisha,
Through Chief Secretary, Government of Odisha
Secretariat, Bhubaneswar-751001
2. State Environment Impact Assessment Authority, Odisha
Through the Chairman
3. Odisha Pollution Control Board,
Through its Member Secretary
Paribesh Bhawan, A/118, Nilakantha Nagar,
Unit – VIII, Bhubaneswar – 751012, Odisha
4. District Magistrate, Khordha
O/o Collector & DM, Khordha
At-New Collectorate, Po-Pallahat,
Dist-Khordha, 752056
5. M/s. Kriday Realty Pvt. Ltd.,
for ARIANA Project, Mouza-Sankarpur,
Bhubaneswar, Odisha
6. Bhubaneswar Development Authority
Through its Chief Executive Officer,
Ashok Store Building, Sachivalaya Marg.
[Respondent No.6 added vide order
dt. 31.7.2024]
…. Respondent(s)
Date of hearing: 29.01.2025
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Mr. Samarendra Kumar Mohanty, Adv. (in Virtual Mode)
For Respondent(s): Mr. Sanjay Rath, AGA for R-1&4 (in Virtual Mode),
Mr. Apurba Ghosh, Adv. for R-2,
Mr. Dipanjan Ghosh, Adv. for R.3 (in Virtual Mode),
Ms. Paushali Banerjee, Adv. a/w
Ms. Shruti Swaika, Adv. and
Mr. Sourav Sharma, Adv. for R-5
Mr. Dayananda Mohapatra, Adv a/w
Mr. Arya Dash, Adv for R.6 (in Virtual Mode)
Mr. Samarendra Kumar Mohanty, Adv. (in Virtual Mode), Mr. Sanjay Rath, AGA for R-1&4 (in Virtual Mode), Mr. Apurba Ghosh, Adv. for R-2, Mr. Dipanjan Ghosh, Adv. for R.3 (in Virtual Mode), Ms. Paushali Banerjee, Adv. a/w Ms. Shruti Swaika, Adv. and Mr. Sourav Sharma, Adv. for R-5, Mr. Dayananda Mohapatra, Adv a/w Mr. Arya Dash, Adv for R.6 (in Virtual Mode)
Environmental Clearance conditions must be fully complied with before proceeding with construction activities; non-compliance can lead to revocation or suspension of the clearance.
Headnote:(A) Environmental Clearance - Conditions of Environmental Clearance - Non-compliance of conditions by M/s Kriday Realty Pvt. Ltd. for 'ARIANA' Project, Bhubaneswar - Environmental Clearance issued on 24.04.2013 for construction of 12 towers, modified to 4 towers under construction - Conditions include completion of storm water drainage and land conversion to 'Gharabari' - Non-compliance leads to show cause notice for revocation of EC. (Paras 1, 11, 12, 26, 28, 35)
(B) Joint Committee - Formation of a Joint Committee by the Tribunal to assess compliance and recommend remedial actions - Committee's observations on storm water drainage and adjacent projects - Recommendations for compliance and construction of drainage facilities. (Paras 3, 6, 20, 21)
Facts of the case:
The applicant alleged non-compliance of Environmental Clearance conditions by M/s Kriday Realty Pvt. Ltd. for the 'ARIANA' Project, leading to potential environmental hazards due to storm water discharge issues. (Paras 1, 2)
Findings of Court:
The Tribunal found that the project proponent failed to comply with the conditions of the Environmental Clearance, particularly regarding storm water management, and directed that the Environmental Clearance be kept in abeyance until compliance is achieved. (Paras 35, 36)
Issues: The main issues addressed were the compliance with Environmental Clearance conditions, particularly regarding storm water drainage and land conversion, and the implications of non-compliance. (Paras 26, 28)
Ratio Decidendi: The Tribunal ruled that without valid compliance with Environmental Clearance conditions, the project proponent cannot proceed with construction activities, emphasizing the importance of environmental safeguards. (Paras 32, 33)
Result: The Environmental Clearance is kept in abeyance until compliance is achieved.
| Table of Content |
|---|
| 1. allegations of non-compliance (Para 1) |
| 2. details of the email and conditions (Para 2) |
| 3. formation of joint committee (Para 3) |
| 4. allegations of false facts (Para 4 , 5) |
| 5. joint committee inspection report (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. conditions of environmental clearance (Para 34) |
| 7. environmental clearance kept in abeyance (Para 35) |
| 8. original application disposed of (Para 36 , 37 , 38) |
ORDER
1. The Original Application No.17/2024/PB was registered by the New Delhi Bench of the Tribunal on the basis of a letter petition. The allegations in the letter petition is as under :-
“Sub: Non Compliance of EC issued to M/s Kriday Realty Pvt. Ltd. for "ARIANA" Project, Bhubaneswar, Odisha vide letter no: 1997/SEIAA, Dated: 24.04.2013. Attached the email sent to Chairman, Member and Member Secretary of SEIAA, Odisha which is self-explanatory. Humble request and my pray to your esteem office take appropriate necessary action against M/s Kriday Realty Pvt Ltd for non-compliance of EC….”
2. The relevant portion of the email sent to the Chairman and Members of the State Environmental Impact Assessment Authority, Odisha which is attached with the letter petition reads as under:-
“Sub: Non Compliance of EC issued to M/s Kriday Realty Pvt. Ltd. for "ARIANA" Project, Bhubaneswar vide letter no: 1997/SEIAA, Dated : 24.04.201`.
Ref: Rejection of EC vide letter dated:16.05.2023 (Attached herewith for your kind ready reference) issued to M/s Kriday Realty Pvt. Ltd. for "ARIANA" Project. File no: SIA/OR/MIS/78819/2022.
With above subject and reference it is clear that, M/s Kriday Realty Pvt. Ltd has failed to comply with all the conditions of Environment Clarence even after 10 years but now wants to construct 4 new Tower for residential purpose.
One observation mentioned in letter dated: 16.05.2023 will have serious impact on not only for "Ariana" but also for neighbouring "Trident Galaxy" Apartment Complex, this is regarding discharge of 770 cum/hour Storm Water, which is yet to be fully complied with. Without proper arrangement for discharge of Storm Water, any further addition of Dwelling Units, will result in increase in Storm Water quantity. As mentioned above this will lead to disastrous consequence not only for "Ariana" but also for "Trident Galaxy" Apartment Complex.
Attached the Occupancy Certificate (OC) Dated 30.06.2017 given for Tower no 1,2,3,4,10,11 & 12 and OC Dated 04.12.2017 for Tower 9 for your kind ready reference.
Kindly refer Sl.No 6 & 7, Page 2 of the both OC.
It is Clearly mentioned in sl.no 6 & 7 of the OC that:
Sl.NO 6. " All the stipulated Conditions of the NOC given by PHED vide Memo no. 7168 dt 18.4.2017, Certificate No.54?FPW dt 5.4.207 issued by Chief Fire Officer, No. 1997/SEIAA dated 24.04.2013 and CESU permission letter No.11310 dt 21.7.2015 shall be strictly adhered to".
Sl.No 7. " The Construction of storm water drain up to final disposal point and 20'-0" wide road in the South-West of the project area shall be developed by the applicant to facilitate the neighboring plot owners before obtaining full occupancy certificate."
It is clear now, even M/s Kriday Relaty Pvt. Ltd. yet receive the final OC as they have failed to comply with SEIAA Letter no:1997/SEIAA.
In view of the above, I deem it as a favor and remain ever grateful to your esteem office, if fresh EC is not issued to M/s Kriday Realty Pvt. Ltd. for construction of balance 4 Towers in "ARIANA"...”
3. The Tribunal also constituted a Joint Committee comprising of the representative of the Central Pollution Control Board, State Environment Impact Assessment Authority (SEIAA), Odisha, Odisha Pollution Control Board (OSPCB) and District Magistrate, Bhubaneswar, Odisha. The Committee was directed to visit the site and submit a Fact Finding Report with remedial action. Thereafter, by order dated 15.02.2024, the Original Application was transferred to
