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2025 Supreme(Online)(NGT) 481
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. 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 Appellants/Petitioners: Mr. Sankar Prasad Pani, Mr. Ashutosh Padhy
For the Respondents: Mr. Soorjya Ganguli, Ms. Pooja Chakrabarti, Ms. Devanshi Prasad, Mr. Apurba Ghosh, Ms. Papiya Banerjee Bihani, Mr. Ashok Prasad, Ms. Amrita Pandey
Environmental compliance is essential; failure to adhere to clearance conditions results in significant penalties.
Headnote:(A) Environmental Protection Act, 1986 - Sections 26 and 28 - Enforcement of Environmental Clearance conditions regarding Solar System installation and green belt compliance - Directions issued to SEIAA for various violations by the project proponent, including the need for Environmental Compensation amounting to Rs.1,41,37,500 for failure to install required systems and achieve green cover. (Paras 48-49)
(B) Miscellaneous Application - Application for compliance and initiation of criminal proceedings against violations of a Tribunal order - Tribunal reiterates authority to enforce environmental norms and compliance through appropriate mechanisms. (Paras 2, 25)
Facts of the case:
The applicant association seeks to compel compliance with prior directives on environmental conditions following project completion, highlighting failures in solar energy installation and green belt development.
Findings of Court:
Environmental Compensation has been formally calculated and must be deposited to rectify non-compliance issues identified during inspections.
Issues: The main issues include adherence to Solar Power Generation systems and the establishment of proper green cover as mandated by Environmental Clearance.
Ratio Decidendi: The Tribunal emphasized strict adherence to EC conditions and the authority to impose penalties for non-compliance, asserting accountability of the project proponent.
Result: The present application is disposed of with a directive for further compliance inspections.
| Table of Content |
|---|
| 1. non-compliance with environmental clearance conditions leads to penalties. (Para 1 , 3 , 7 , 10 , 18) |
| 2. environmental compensation must be determined for violations. (Para 2 , 6 , 13 , 16) |
| 3. inspection reports highlight deficiencies in project compliance. (Para 5 , 11 , 14 , 19) |
| 4. tribunal enforces compliance and lays down necessary further inspections. (Para 22 , 23 , 26) |
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 months after giving him an opportunity of being heard.
(H) The Ministry of Environment, Forests and Climate Change, shall verify as to how the Central Ground Water Board granted the NOC to the Project Proponent for extraction of ground water in violation of the Special Conditions laid down in the Environmental Clearance dated 16.08.2011 that no ground water shall be extracted for the project work at any stage during the construction phase and if the concerned officers of the Central Ground Water Board are found to have acted in violation of the Environmental Clearance conditions in granting the NOC to the Project Proponent for extraction of ground water, appropriate disciplinary action shall be taken against the c
