Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4351

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, ACJ
Purab Premium Apartments Allottees Association – Appellant
Versus
Greater Mohali Area Development Authority – Respondent
Original Application No. 493/2023 | Original Application No. 572/2023

Advocates:
For the Appellants/Petitioners: Mr. Ankit Siwach
For the Respondents: Ms. Harsheen M. Palli, Mr. Moneesh Kumar, Mr. Sahil Sharma

Statutory authorities must strictly adhere to environmental laws; failure leads to severe penalties and immediate cessation of operations.

Headnote:(A) Environmental (Protection) Act, 1986 - Sections 5, 33-A - Water (Prevention & Control of Pollution) Act, 1974 - Air (Prevention & Control of Pollution) Act, 1981 - Violations in construction and operationalization of housing project - Applicant alleged that environmental norms were not followed and severe violations regarding sewage treatment and environmental clearances were committed by project proponent - Construction was directly harmful to residents’ safety and quality of life, due to lack of necessary installations, proper safety measures, and ongoing pollution. (Paras 1, 3, 4, 5, 6 and 14)

(B) Environmental Management - Duty of compliance - The project proponent, being a statutory authority, failed to adhere to the statutory clearance requirements, thus violating terms of environmental clearance leading the Tribunal to suspend construction activities and impose significant penalties under environmental statutes (Paras 7, 10, 11 and 13).

Facts of the case:
A registered society raised grievances against GMADA for numerous environmental violations during the construction of a housing project, including inadequate sewage treatment, violation of environmental clearances, and ongoing pollution issues.

Findings of Court:
Respondent No. 1 has committed gross violations, including failure to install a sewage treatment plant, illegal water usage, and continued construction without necessary consents.

Issues: The court addressed the issues of environmental compliance and statutory obligations of the project proponent, focusing on lapses in environmental management and remedies for violations.

Ratio Decidendi: The Tribunal reiterated that statutory bodies must comply with environmental regulations strictly and that deviations from regulations not only affect the environment but also endanger public safety and health as evident in this case.

Result: OA is accordingly disposed of, with directions for compliance and potential penalties enforced.

Table of Content
1. allegations of environmental violations by gmada affecting resident safety. (Para 1 , 2)
2. gmada's noncompliance with environmental clearances leading to multiple issues. (Para 3 , 4 , 5 , 6)
3. the tribunal's findings on gmada's responsibilities and required compliance. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. final directives and responsibilities for compliance established by the tribunal. (Para 13 , 14)

ORDER

1. In OA No. 493/2023, the applicant which is a registered society, has raised a grievance against violation of environmental norms and clearance conditions in the construction and operationalization of a group housing project by the respondent no. 1, Greater Mohali Area Development Authority (GMADA) by the name "Purab Premium Apartments" in sector 88, Sahibzada Ajit Singh Nagar, Mohali, Punjab having environmental clearance for construction of 6360 flats (Type I-1080, Type II-2520 and Type III-2760 flats) in an area of 117.118 acres. The allegation of the applicant is that the environmental clearance (EC) conditions have been violated, and no Sewage Treatment Plant (STP) has been installed. The applicants were compelled to take possession of uninhabitable apartments based on an allotment letter and offer of possession containing the condition to take possession within 30 days or the allottee shall not be entitled to take benefit of any rebate or refund on any ground whatsoever.

2. It is further alleged that only 1620 flats in 37 acres have been constructed and the residents are deprived of fresh drinking water and the Respondent No. 1 has even failed to comply with the most important safety protocol, which includes fire safety certificate and several other conditions of EC have been violated by the Respondent No. 1 such as submission of the six-monthly report. It has also been alleged that Respondent No. 1 had failed to obtain NOC from the Ministry of Defence requiring the installation of a Garbage Treatment Plant to avoid birds’ activity.

3. OA No. 572/2023 was registered based on a letter petition making a complaint in respect of the same project and complaining that the families residing in the flats were facing dust and noise pollution on account of incomplete construction projects. They were getting contaminated water due to lack of STP and instead of constructing 4500 flats only 1620 flats on 37 acres have been constructed, which require a fresh appraisal by State Environment Impact Assessment Authority (SEIAA), Punjab and the EC has expired, and the project is still incomplete, and the life of the residents has been put to risk.

4. Respondent No. 1, Project Proponent was issued the EC dated 14.03.2013 by the SEIAA, Punjab, providing for as many as 17 specific conditions to be complied with during the construction phase and as many as 14 conditions to be complied with in the operational phase. The EC also had 16 general conditions. This EC has undisputedly expired on 13.02.2020 and has not been reviewed thereafter. Specific Conditions for the construction phase and specific conditions for the operational phase mentioned in the EC were as under:-

“PART A- Specific conditions:

I. Construction Phase i) “Consent to Establish” shall be obtained from Punjab Pollution Control Board under Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 and a copy of the same shall be submitted to the Ministry of Environment & Forest/State Level Environment Impact Assessment Authority before the start of any construction work at site.

ii) All required sanitary and hygienic measures should be in place before starting construction activities and to be maintained throughout the construction phase.

iii) A first aid room will be provided in the project both during construction and operation phase of the project.

iv) All the topsoil excavated during construction activities should be stored for use in horticulture/landscape development within the project site.

v) Disposal of muck dur

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