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Praveen Kakar & Others v/s Ministry of Environment & Forests & Others


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    Original Application No. 661 of 2018 (M.A. No. 1348 of 2018)

    Decided On, 08 January 2019

    At, National Green Tribunal Principal Bench New Delhi

    By, THE HONOURABLE MR. JUSTICE ADARSH KUMAR GOEL
    By, CHAIRPERSON
    By, THE HONOURABLE MR. JUSTICE S.P. WANGDI
    By, JUDICIAL MEMBER
    By, THE HONOURABLE MR. JUSTICE K. RAMAKRISHNAN
    By, JUDICIAL MEMBER & THE HONOURABLE DR. NAGIN NANDA
    By, EXPERT MEMBER

    For the Applicants: Yatish Kr. Goel, Advocate. For the Respondents: Shlok Chandra, Ritesh Kumar Sharma, Advocates.



Judgment Text


Adarsh Kumar Goel, Chairperson

1.The issue raised in this application is encroachment of park in green area, illegal extraction of ground water, dumping of untreated sewage in storm water drain, raising construction in violation of the statutory provisions.

2. On 19.09.2018, the Tribunal directed that a joint Committee comprising of Town and Country Planning Department, Haryana, Delhi School of Planning and Architecture, Central Ground Water Authority and State Environment Impact Assessment Authority to furnish a factual report.

3. Accordingly, CPCB which is the coordinator of the Committee has furnished report dated 16.11.2018 concluding as follows:-

"1. Encroachment like hutment for security/labors, DG sets, kitchen gardens were observed in earmarked green areas, green belt has not been development according to the norms and standards practices by project proponent natural shrubs have grown up as against turfing, plantations. However, the committee recommend that area under open or green area, road and community site need to be verified as per standards methods adopted by Town and Country Planning Department which will lead to conclusion whether 45% approved under open or green area road and community site is available or not.

2. Project proponent is required to obtain Environment clearance under provision of EIA notification dated 14.09.2006, as last two licenses were granted after 14.09.2006, cutoff date of requiring EC and total area crossed the threshold limit.

3. consent to establish and consent to operate have also not been obtained. It is violation of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 by project proponent.

4. Project proponent has applied for registration of 39 tube wells with Central Ground Water Authority but No Objection Certificate (NOC) from CGWA for extraction of ground water is not available. Flowmeters fixed with tube wells need to be rectified to get the quantity of extracted water.

5. Rain water harvesting system for houses is not provided and rain water harvesting structures for open spaces and common area are non-functional. The basic purpose of ground water recharge is not being achieved by these structures.

6. Sewage is meeting the storm water drain as it is not getting passed through sewerage system to HUDA STP. Project Proponent, Haryana Shehri Vikas Pradhikaran (HSVP) (Former HUDA) and Gurugram Metropolitan Development Authority (GMDA) are require to resolve this issue jointly.

7. Maintenance of roads, footpath, parks is not up to the mark and system of collection of solid waste is not effective.

8. Construction and Demolition waste management rule, 2016 and its guidelines are not being followed in the colony.

9. DG sets are operating without adequate stack height.

10. Part completion certificate have been granted to project proponent by Town and Country Planning Department, Haryana."

4. The above factual conclusion shows violation of environmental norms by the respondent no. 11- Ansal Properties and Infrastructure Ltd. The project has been constructed without taking consent to operate under the Air (Prevention and Control of Pollution) Act and Water (Prevention and Control of Pollution) Act and without requisite Environmental Clearance. Rain water harvesting system has not been provided and ground water has been extracted without requisite NOC from CGWA. Sewage is meeting the storm water drain. Maintenance is not upto the mater, Construction and Demolition Waste Management Rules, 2016 have not complied with. DG sets are operating without stack height. Inspite of the above, part completion certificate have been granted by the Town and Country Planning Department, Haryana. It is also clear that despite serious violations, the Haryana State Pollution Control Board has failed to perform its duties in taking statutorily mandated coercive measures under Sections 31A Air Act and 33B of the Water Act or initiating prosecution. The CGWA, CPCB, State PCB have also failed to perform their duties. The Town and Country Planning Department appears to have colluded.

5. In view of above, we direct CPCB to exercise its statutory power to determine and recover the damages and issue appropriate further directions for closure of the project and initiating prosecution in accordance with the procedure prescribed under Air Act and Water A

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ct. 6. The CPCB will be at liberty to coordinate with the concerned Authorities including the CGWA and the State PCB. Action may include recovery of damages for loss to environment, closure of the project as well as prosecution under the relevant statutory provisions. 7. Action plan may be furnished to the Tribunal within three months by e-mail at ngt.filing@gmail.co. 8. The application is disposed of. List for consideration of report of CPCB on 21.05.2019.
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