Back
2024 Supreme(Online)(NGT) 5635
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Sanu Das – Appellant
Versus
State of Odisha – Respondent
Original Application No.55/2024/EZ (I.A. No.42/2024/EZ)|Earlier O.A. No.17/2024/PB
For the Applicant(s): Mr. Samarendra Kumar Mohanty
For the Respondent(s): Mr. Sanjay Rath, AGA for R-1&4, Mr. Apurba Ghosh for R-2, Mr. Dipanjan Ghosh for R.3, Ms. Paushali Banerjee a/w Ms. Shruti Swaika and Mr. Sourav Sharma for R-5, Mr. Dayananda Mohapatra a/w Mr. Arya Dash for R.6
Environmental Clearance held in abeyance for non-compliance with conditions like storm water drain and land conversion; construction prohibited until full adherence by project proponent and stakeholders.
Headnote:(A) Environmental Clearance - Non-compliance with conditions - Project proponent granted EC for multi-storied residential towers subject to closure of prior compliance report within 6 months, completion of storm water drain, and land conversion to homestead status - Failure to comply led to show cause notice and halt on construction - Tribunal directed EC kept in abeyance till full compliance by proponent and stakeholders, rejecting plea to continue construction pending drain work. (Paras 24, 27, 35-36)
(B) Judicial Review - Environmental obligations - Construction cannot proceed without valid EC and adherence to all conditions including external infrastructure like storm water drainage and road development - Dependency on third parties (e.g., land acquisition, drain construction) does not excuse proponent from compliance before building activities. (Paras 32-34)
Facts of the case:
Applicant, owner of flats in existing towers, challenged fresh EC for additional residential towers alleging non-compliance with original EC conditions, particularly storm water drainage (770 cum/hr discharge) impacting neighboring complex, partial occupancy certificates conditional on drain and road completion, and false representations in EC renewal process after initial rejection.
Findings of Court:
EC for remaining towers kept in abeyance till conditions fully met, including storm water drain completion; no permission for construction without compliance; original application disposed of without costs.
Issues: Whether project proponent can proceed with construction despite pending compliance of EC conditions on storm water infrastructure and land status; validity of EC renewal post-initial rejection.
Ratio Decidendi: Environmental Clearance remains invalid without full compliance; abeyance preferable to revocation to allow stakeholders to fulfill obligations; construction halt enforced till conditions satisfied, as proponent cannot rely on external delays.
Result: Original Application disposed of; EC kept in abeyance.
| Table of Content |
|---|
| 1. allegations of non-compliance with original ec conditions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. joint committee verifies partial storm water drain compliance. (Para 6 , 7) |
| 3. seiaa's ec history, rejections, and conditional approvals. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. bda plans revised storm water drain design. (Para 20 , 21 , 22) |
| 5. recent show cause for ec non-compliance. (Para 23 , 24) |
| 6. court assesses arguments on ongoing compliance issues. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. ec kept in abeyance until full compliance. (Para 35 , 36) |
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. There
