National Green Tribunal
Mr Vijay Sawarkar vs Urban Development And Housing ... on 5 November, 2024
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.21/2024(CZ)
Mr. Vijay Sawarkar Applicant (s)
Vs.
Urban Development and Respondent(s)
Housing Department & Ors.
Date of Hearing: 05.11.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Mr. Harshwardhan Tiwari, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Prashant Sthapak, Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. The issue of violation of environmental rules has been raised in this application and report was called from the MPSEIAA. In compliance thereof the MPSEIAA has submitted the report in the concurrence of the Joint Committee report as follows :
The status of Environmental Clearance:
The M/s Ramdev Baba Varco Developers has not obtained Environmental Clearance stating that it is involved in land development only not in construction of the houses in this Dream Land City.
➢ As per the layout plan of the Dream Land City following is stated:
Total Net Scheme area: 198732.00 SQMT ➢ Total Plottable area: 112367.08 SOMT ➢ Commercial area: 2352.06 SOMT ➢ Community Hall area: 948,49 SQMT ➢ School area: 2161.53 SQMT 1 O A No.21/2024(CZ) Mr. Vijay Sawarkar vs. Urban Development and Housing Department & Ors. Ors..
➢ Informal area: 4850.64 SQMT And area identified for Park, road etc. If all the constructible area is summed up i.e. plottable, commercial, community hall, school area & informal area than the total area is 1,22,679.8 SQMT. As the M/s Shri Ramdev Baba Varco Developers is a land developer for this project and not involved in the construction of the individual houses. The assessment of the total built-up area was not possible. However, during the visit committee has observed that majorly all the houses constructed by the individual owners were 2 or 3 storeys. This suggest that on completion of all the construction work on the plots, the built-up area will lie in the purview of the Environmental Clearance (EC) applicability under Category 8(b) "Townships and Area Development Projects" (Covering an area ≥ 50 ha and or built-up area ≥1,50,000 sq. mtrs) of EIA notification, 2006.
Looking into the holistic view and ensuring sustainability, the committee is opined that as the developer is selling the plots to individual buyers and registry is being done between developer and land purchaser. It is the liability of the land developer to seek environmental clearance if the total built-up area is going to be higher than the 1,50,000 SQMT. And Town & Country Planning department needs to fix the Floor Area Ratio (FAR) in such cases where land developer is only developing the site and selling the plots to avoid EC applicability.
Considering above, this matter may be taken under violation case under EIA Notification, 2006 provisions and dealt as per the MoEFCC O.M. 7th July 2021. However, it is pertinent to mention here that Hon'ble Supreme Court stayed the operation of the Office Memoranda dated 7th July 2021 in W.P. NO. 1394/2023 titled Vanashakti Vs Union of India vide order dated 2.1.2024.
Recommendations:
W.r.t. the field observations and document furnished by the district authority following is recommended by the committee: 2
O A No.21/2024(CZ) Mr. Vijay Sawarkar vs. Urban Development and Housing Department & Ors. Ors..
i. M/s Ramdev Baba Varco Developers needs to seek Environmental Clearance as per the provisions of EIA Notification, 2006. Appropriate action may be initiated by the concern authorities as per the provisions of EIA Notification, 2006.
ii. M/s Ramdev Baba Varco Developers shall obtain Consent to Operate (CTO) under Orange Category from MPPCB.
iii. M/s Ramdev Baba Varco Developers shall develop the conduit pipeline to carry domestic sewage and develop sewage treatment plant and ensure treatment upto the prescribed norms.
iv. M/s Ramdev Baba Varco Developers shall increase the green belt area upto maximum upto 33%.
v. MPPCB may assess the environmental compensation as the project is not having Consent to Operate. And also take necessary action as per the relevant environmental acts."
2. Since the allegations are against the respondent no. 7 and it is contended by the Learned Counsel for the applicant that the notices have been served on the respondent no. 7 but the reply has not been filed till date. Accordingly, we direct the State Pollution Control Board to inform the respondent no. 7 to submit the reply in light of the recommendations and suggestion by the joint committee report, failing which the matter will proceed ex-parte. The reply may be filed within two weeks.
3. Learned Counsel for the State PCB has submitted that the prosecution has been filed. With regard to creation of 3rd party right of sale and purchase of the plot no action has been taken by the State PCB or the State Authorities and further that inspite of the fact that the action of the respondent PP violates the environmental rules, no steps have been taken to stop the activities or recovery of environmental compensation. Accordingly, the state PCB and SEIAA 3 O A No.21/2024(CZ) Mr. Vijay Sawarkar vs. Urban Development and Housing Department & Ors. Ors..
are directed to take necessary steps according to rules. Further action taken report be filed before the next date of listing.
4. List it on 4th December, 2024.
1. Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 5th November 2024 O. A. No.21/2024(CZ) K 4 O A No.21/2024(CZ) Mr. Vijay Sawarkar vs. Urban Development and Housing Department & Ors. Ors..