Realtor had started construction without clearance.
Mumbai: The National Green Tribunal principal bench in New Delhi has imposed an interim fine of Rs 1 crore on Resilience Realty Pvt. Ltd. owned by Rustomjee group for major environmental violations at their residential project “Oriana Residential Project” situated at MIG Colony in Bandra (east). The NGT held that the developer has commenced construction without environmental clearance and added 16 flats and two floors to the building.
Further, the tribunal has constituted five members expert committee comprising of members from Central Pollution Control Board (CPCB), NEERI, SEAC to study the area for the relevant environment parameters and impact of such expansion on already congested and stressed areas. This committee will submit its report by April 30, 2019.
The three members’ bench comprising of chairperson Justice Adarsh Kumar Goel, Justice K. Ramakrishnan and Dr Nagin Nanda was hearing an appeal filed by Anil Tharthare represented by advocate Aditya Pratap. According to the appeal, Principal secretary, Environment–cum member secretary, state level Environment Impact Assessment Authority (SEIAA) had granted expansion of redevelopment of “Oriana Residential Project”.
Appeal stated that Environmental Clearance (EC) to the expansion of the project had been treated as amendment, not expansion. Therefore EC clearance is violation of Environment Impact Assessment Notification, 2006. According to the appeal, the state level expert Appraisal Committee has conducted no appraisal, which is mandatory for permitting expansion of he project.
State authorities in its reply supported the EC saying they have granted amendment not expansion. It also observed that amendment was marginal and impact of environment was minimal.
Tribunal observed that the stand taken by the state authorities was wrong and need to be quashed. It further observed that construction was already completed even before the amended EC was granted.