The judgment emphasizes strict adherence to environmental regulations by project proponents, holding them accountable for non-compliance with necessary environmental clearances and consents, resulting in imposed penalties.

JUDGMENT

1. This Original Application has been preferred with the prayers that a direction may be issued to the Respondents (Government Authorities) to demolish the illegal structures at City Survey (CTS) No.1/378 of Mazgaon Division, Balwant Singh Dhody Marg of Nesbit Road, Mazgaon, District- Mumbai City, Mumbai, where respondent No.8- M/s. Castle Realtors Pvt. Ltd./Project Proponent has constructed the Project “NDW Aquagem”, which is a residential and commercial project, without Consent to Establish and Consent to Operate, in violation of the terms & conditions of Environmental Clearance dated 25.06.2007, which was issued by MoEF under Environment (Protection) Act-1986 read-with EIA Notification, 2006; further it is prayed that an amount of EDC may be levied from respondent No.8 based on the ‘polluter pays’ principle.

2. In brief, the facts of this case are that the total project land claimed by the Project Proponents is admeasuring 4,855.93 M² with permissible Built-up Area as per FSI being 16,641.70 M² and the total constructed Built-up Area being more than 50,000.00 M2. The Project Proponent obtained prior EC dated 25.06.2007, which was valid till 24.06.2012 as per EIA Notification-2006. But the PP carried out the construction till date without getting the EC amended from the SEIAA or MoEF. The PP has not obtained prior Consent to Establish as mandated under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 from the MPCB. The PP has completed part project in the year 2016-17 and started enjoying the same without obtaining prior Consent to Operate as mandated under Section 26 of the Water Act and of the Air Act from the MPCB. The Project Proponent has obtained Consent to Establish on 05.11.2009, validity of which expired after lapse of 5 years i.e. on

05.11.2024 but the same was not got revalidated.

3. It is further mentioned in this application that the PP is extracting huge quantity of ground water from four bore wells for construction of the said project as well as for domestic use by occupants of the project, without any permission from Central Ground Water Authority for operational purpose. The PP has not provided any solid waste management system and that the waste generated is being dumped in MCGM waste yard, creating burden on public system and the same is also generating various greenhouse gases. There is no scientific disposal of the solid waste generated from the project in question. The other infirmities of the project are recorded as follows: the PP has not provided any energy conservation system for energy saving such as solar system; PP has not provided any rain water harvesting system for ground water recharge; PP has not preserved top layer of fertile soil and not conducted soil testing for contamination; PP has not done tree plantation as per the norms; PP has installed 4 DG sets at the project site and operation of the same is causing air pollution; the huge quantity of sewage water is generated and there is no scientific treatment of sewage water; PP has not complied with the conditions of commencement certificate relating to the installation of environment infrastructure to avoid the degradation; PP has not developed the 10% open space as per the DC Rule; PP has not provided the ramp slope in the ratio of 1:10 as mandated in DC Rules of MCGM; PP has not provided site margin as per the DC Rules of MCGM; PP has not provided fire and safety system at the site in question; PP has not prepared any environment management plan; PP has carried out substantial change in the scop