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2024 Supreme(Online)(NGT) 3570
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, Adv.
For Respondent(s): Mr. Sanjay Rath, AGA for R-1&4, Mr. Apurba Ghosh, Adv. for R-2, Mr. Dipanjan Ghosh, Adv. for R.3, Ms. Paushali Banerjee, Adv. a/w Ms. Shruti Swaika, Adv. and Mr. Sourav Sharma, Adv. for R-5, Mr. Dayananda Mohapatra, Adv a/w Mr. Arya Dash, Adv for R.6
Environmental Clearance kept in abeyance for non-compliance with conditions like storm water drains; construction prohibited until full compliance by project proponent and stakeholders. (28 words)
Headnote:(A) Environmental Clearance - Compliance with conditions - Non-compliance with storm water drainage and land conversion requirements - Project proponent issued show cause notice for potential revocation of EC after failure to comply within stipulated time - Tribunal holds that without valid EC complying with all conditions, construction cannot proceed - EC kept in abeyance till full compliance by proponent and completion of obligations by stakeholders including construction of storm water drain. (Paras 32, 35)
(B) Construction Projects - Regulatory approvals - Occupancy certificate and consent to operate issuance conditional upon completion of infrastructure like storm water drains and roads - Partial occupancy granted with rider for full compliance before further construction - Ongoing works by adjacent projects and authorities noted but insufficient without EC compliance. (Paras 3, 6, 29-30)
Facts of the case:
Applicant, owner of flats in residential complex, filed application alleging non-compliance with original EC conditions by project proponent seeking to construct additional towers. Original EC granted for 12 towers with conditions including storm water discharge arrangement via peripheral drains and land acquisition for drains by development authority. Expansion EC granted conditionally but proponent failed to comply with closure of prior compliance report, storm water drain completion, and land conversion to homestead, leading to show cause notice.
Findings of Court:
EC not revoked but kept in abeyance till conditions fully met; construction restrained without valid compliant EC; stakeholders to complete drain works expeditiously.
Issues: Whether project proponent can proceed with construction absent full compliance with EC conditions including storm water infrastructure and land status; validity of restraint pending show cause reply and stakeholder actions.
Ratio Decidendi: Construction impermissible without valid EC fulfilling all stipulated conditions; abeyance of EC appropriate instead of revocation to allow compliance by proponent subject to authorities completing requisite infrastructure.
Result: Original Application disposed of with directions; I.As. disposed accordingly; no costs.
| Table of Content |
|---|
| 1. applicant's allegations of ec non-compliance. (Para 1 , 2 , 3 , 4 , 5) |
| 2. joint committee observations on storm water drainage. (Para 6 , 7) |
| 3. seiaa ec history, rejections, and conditional grants. (Para 8 , 9 , 10 , 11 , 12 , 16 , 17 , 18 , 19 , 23) |
| 4. bda requirements for storm water infrastructure. (Para 13 , 14 , 15 , 20 , 21 , 22) |
| 5. non-compliance with ec conditions noted. (Para 24 , 25 , 26 , 27 , 28) |
| 6. rejection of project proponent's construction plea. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. ec kept in abeyance pending full compliance. (Para 35 , 36 , 37 , 38) |
ORDER
1. Mr. Samarendra Kumar Mohanty, learned Counsel is present (in Virtual Mode) for the Applicant.
2. Mr. Sanjay Rath, learned Additional Government Advocate holding brief of Mr. Saswat Das, learned Additional Government Advocate is present (in Virtual Mode) on behalf of the State Respondents.
3. Affidavit dated 15.01.2025 has been filed by the Respondent No.6, Bhubaneswar Development Authority; the same is taken on record.
4. Affidavit dated 28.01.2025 has been filed by the Respondent No.2, State Environment Impact Assessment Authority (SEIAA), Odisha; the same is taken on record.
(Final order of the said case will be uploaded in NGT website by separate sheets of paper).
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. L
