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2024 Supreme(Online)(NGT) 1633
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, EM
Z1 Resident’s Welfare Association – Appellant
Versus
Z Estates Private Limited & Ors. – Respondent
Miscellaneous Application No.15/2024/EZ | Original Application No.11/2022/EZ
For the Applicant(s): Mr. Sankar Prasad Pani, Adv., Mr. Ashutosh Padhy, Adv.
For the Respondent(s): Mr. Soorjya Ganguli, Adv., Ms. Pooja Chakrabarti, Adv., Ms. Devanshi Prasad, Adv., Mr. Apurba Ghosh, Adv., Ms. Papiya Banerjee Bihani, Adv., Mr. Ashok Prasad, Adv., Ms. Amrita Pandey, Adv.
Compliance with environmental clearance conditions is crucial for sustainable development; failure to meet such requirements results in penalties and necessitates strict enforcement by authorities.
Headnote:(A) Environmental Protection Act, 1986 - Sections 26 & 28 - Environmental Clearance conditions not met by Z Estates Pvt. Ltd. regarding Solar System installation and green belt - Tribunal directs compliance to be enforced by relevant authorities and assesses environmental penalties. (Paras 48-49)
(B) The non-compliance of environmental clearance conditions led to a significant assessment of environmental compensation of Rs. 1,41,37,500/- against the project proponent due to inadequate measures in green cover and energy conservation mechanisms. (Paras 48, 58, 59)
Facts of the case:
A Miscellaneous Application filed by Z1 Resident’s Welfare Association against Z Estates Pvt. Ltd. for failure to comply with environmental clearance conditions including installation of solar systems and maintaining a required green belt. The project has faced scrutiny for multiple environmental violations over the years.
Findings of Court:
The Tribunal noted severe lapses by the project proponent in adhering to environmental protocols and the challenges presented by the Residential Welfare Association regarding effective solid waste management and maintenance of necessary green infrastructure as per the environmental clearance directions.
Issues: The main issues included the failure of the project proponent to implement the environmental clearance conditions regarding solar energy systems and green belt plantation commitments, and determining the liability for environmental compensation due to non-compliance.
Ratio Decidendi: The court reaffirmed that compliance with environmental clearance conditions is non-negotiable, especially in light of the pressing need for sustainable development practices. It underscored the accountability of the SEIAA in overseeing such compliance to ensure environmental preservation.
Result: The Miscellaneous Application was disposed of with directions for compliance and environmental compensation assessment.
| Table of Content |
|---|
| 1. tribunal issued an order for compliance regarding environmental clearance conditions. (Para 1 , 3) |
| 2. failures by project proponents to comply with existing environmental regulations were highlighted. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. assessment of penalties due to environmental clearance violations was established. (Para 11 , 12 , 13 , 14) |
| 4. judicial oversight ensures accountability of environmental authorities. (Para 15 , 16 , 17 , 18) |
| 5. remedial actions and inspections mandated to enforce compliance. (Para 19 , 20 , 21 , 22) |
ORDER
1. Mr. Sankar Prasad Pani, assisted by Mr. Ashutosh Padhy, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.
2. Affidavit dated 18.02.2025 has been filed on behalf of the Respondent No.3, State Environment Impact Assessment Authority (SEIAA), Odisha; the same is taken on record.
3. Affidavit dated 18.02.2025 has been filed by the Respondent No.7, Ministry of Environment, Forests and Climate Change (MoEF&CC); the same is taken on record.
(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper)
ORDER
1. This Tribunal vide its judgment and order dated 01.05.2023 had disposed of the Original Application No.11/2022/EZ (Z1 Residents’ Welfare Association Vs. Z Estates Private Limited & Ors.) with the following directions:-
“48. We may, therefore, summarise the directions given by us hereinabove as under:-
(A) The SEIAA, Odisha, shall inspect the site in question within one month and verify whether installation of Solar Power Generation System for Phase-I and installation of Solar Water Heater which was required to be completed by 31.08.2022 as stated by the Project Proponent, has been completed and if not, appropriate penalty shall be imposed against the Project Proponent and the same shall be recovered within two months after giving him an opportunity of being heard.
(B) The SEIAA, Odisha, is further directed to determine Environmental Compensation against the Project Proponent for failure to install the Solar System for energy conservation to the extent of 5% of total power as required by the Environmental Clearance conditions dated 16.08.2011 and action in this regard shall be taken within two months after giving the Project Proponent an opportunity of being heard.
(C) The State Pollution Control Board, Odisha, shall verify as to whether the vent height of the D.G. set stack which is at present 6.06 meters for the ground level is adequate, considering that the Environmental Clearance requires the same to be more than the highest building height.
(D) The State Pollution Control Board, Odisha, is also directed to compute Environmental Compensation against the Applicant’s Association for violation of STP norms w.e.f. 01.04.2021 when the Phase-I was handed over to the Association by the Project Proponent within two months after giving them an opportunity of being heard.
(E) The State Pollution Control Board, Odisha, shall also take action against the Applicant’s Association for non-compliance of the Solid Waste Management regime, if any, w.e.f. 18.01.2021 when the Phase-I of the site in question was handed over to the Applicant’s Association.
(F) The Central Ground Water Board shall determine the penalty for violations with regard to recharge of borewells and their pits as committed by the Project Proponent and thereafter recover the same from the Project Proponent within two months after giving him an opportunity of being heard.
(G) With regard to completion of Green Belt and Avenue Plantation over at least 20% of the site area as required by the Environmental Clearance conditions dated 16.08.2011, the Committee constituted by the Tribunal is directed to re-visit the premises of the Project Proponent and verify whether at least 20% of the Green Belt has been achieved by the Project Proponent and if not, appropriate Environmental Compensation shall be determined against the Project Proponent and the same shall be recovered within two month
