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2024 Supreme(Online)(NGT) 3030
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 Applicant(s): Mr. Samarendra Kumar Mohanty
For 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 of conditions like storm water drain completion and land conversion; no construction permitted without full EC compliance by proponent and stakeholders. (28 words)
Headnote:(A) Environmental Protection Act, 1986 - Environmental Clearance conditions - Non-compliance - Project proponent granted EC for multi-storied residential towers subject to closure of prior compliance report within 6 months, completion of storm water drain per authority condition, and land conversion to homestead status - Failure to comply led to show cause notice prohibiting construction - Tribunal held EC kept in abeyance till full compliance by proponent and completion of obligations by other stakeholders including land acquisition and drain construction - Construction halted without valid compliant EC - Partial occupancy certificates conditional on drain and road completion remain unfulfilled even after 10 years. (Paras 26-36)
(B) Judicial Review - Environmental compliance - Authorities must enforce EC conditions strictly - Expansion EC rejected initially due to 11/50 prior conditions non-complied, 20 partially complied - Fresh EC conditional - Storm water management critical to prevent flooding impact on adjacent projects - Joint Committee verified incomplete peripheral drain, pending land acquisition for final disposal. (Paras 4-24)
Facts of the case:
Letter petition alleged non-compliance with 2013 EC for residential project seeking expansion for 4 towers despite unresolved storm water discharge (770 cum/hr), violating partial OCs requiring full drain to disposal point and road development. SEIAA rejected then granted conditional EC 2023. Joint Committee inspected, noted incomplete drain reliant on adjacent project agreement and pending authority land acquisition. Recent affidavits showed progress but non-compliance persisting.
Findings of Court:
EC not revoked but kept in abeyance pending full compliance of conditions; no construction permitted without valid EC; stakeholders to complete drain, land conversion, road works expeditiously.
Issues: Whether project proponent can proceed with construction absent compliance of EC conditions including storm water infrastructure and land status; validity of conditional EC amid show cause for non-submission of compliance proofs.
Ratio Decidendi: Environmental Clearance conditions mandatory; non-compliance prohibits construction despite partial progress - EC abeyance ensures enforcement till all stipulations met, balancing ecology and project without prejudice to valid approvals post-compliance.
Result: Original Application disposed with directions; construction restrained till EC conditions fulfilled.
| Table of Content |
|---|
| 1. case initiation and procedural history (Para 1 , 2 , 3 , 4) |
| 2. applicant's grievances on ec non-compliance (Para 5) |
| 3. joint committee findings on storm water drainage (Para 6 , 7) |
| 4. seiaa ec history, rejections, and conditions (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. bda storm water drain planning and progress (Para 20 , 21 , 22) |
| 6. recent seiaa show cause for ec non-compliance (Para 23 , 24) |
| 7. summary of core ec compliance issues (Para 25 , 26 , 27 , 28) |
| 8. respondent's defense and court rejection (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 9. ec kept in abeyance pending compliance (Para 35 , 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 F
