National Green Tribunal
Rg Residency Apartment Owners ... vs State Of Uttar Pradesh on 8 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 193/2021
(With reports dated 25.02.2022 & 07.07.2022)
RG Residency Apartment Owner Association Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 08.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Sandeep Malik, Advocate
Respondent: Mr. Ajay K. Sharma, Member Secretary along with Mr. Pradeep
Misra & Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Rachit Mittal, Advocate for NOIDA Authority
Mr. Sanjay Upadhyay, Advocate for R.G. Residency Pvt. Ltd. (PP)
ORDER
1. Grievance in this application is against illegal construction of group housing complex - R.G. Residency, Sector 120, Noida without requisite environmental consents and without compliance of norms, including non- functioning of sewage treatment system resulting in untreated sewage being discharged unscientifically to the detriment of the environment.
2. Case of the applicant is that in the said group housing complex, there are 1540 dwelling units. The Noida Authority granted occupancy certificate 1 for the same on 09.09.2015. The Project Proponent (PP) has failed to comply with the environmental norms. The Noida Authority, found several deficiencies and issued directions on 18.10.2019 requiring the PP to take necessary measures for waste management, green areas management, maintenance of underground water tank manholes, exit gates, providing swimming pool, gym, Club House, etc., making STP functional, making fire control system functional, preventing flooding, stopping seepage at expansion joint in basement, maintaining the lifts and electricity towers. The said directions have not been still complied with in spite of applicant writing several letters.
3. Vide order dated 06.08.2021, the Tribunal directed a joint Committee of State PCB, SEIAA, UP and CEO NOIDA to look into the matter consistent with the directions already issued and legal mandate and the remedial measures taken to prevent violation of environmental norms as well as fixing accountability for past violations. Member Secretary, SEIAA, UP was to act as nodal agency for coordination and compliance. The said authorities were to ascertain whether requisite EC/consents have been granted and whether conditions thereof are being met. In particular, functioning of STP, meeting of standards and utilisation of treated sewage and manner of disposal of treated effluents and solid waste was to be looked into.
4. The matter was last considered on 21.12.2021 in light of report of the joint Committee dated 26.11.2021 showing that the STP was not functional and untreated sewage was being discharged into the main network of the NOIDA Authority. Compensation and prosecution had been recommended. Thus, violations were acknowledged. The Tribunal found that in view of acknowledged serious violations, the compensation 2 assessed had to be as per judgment of the Hon'ble Supreme Court inter- alia in Goel Ganga Developers, (2018)18 SCC 257 and follow up action has to be taken to restore the green area. In light of rampant failures, the consent process was required to be reviewed by the State PCB. The observations in the order of the Tribunal are reproduced below:-
4. Accordingly, the joint Committee has filed its report on 26.11.2021 to the effect that after inspection conducted on 27.09.2021, the Committee found that STP was not operational and untreated sewage was being discharge into the sewage network of the Authority, leading to the terminal STP based on SBR technology at Sector 123, NOIDA. In view of non-compliance with regards to operation of sewage treatment plant and occupancy of flats without obtaining requisite Consent to Operate from Board, environmental compensation of Rs. 91,40,000/- has been recommended against the project. Also, it is recommended to register prosecution against the Directors of M/s R.G Residency Pvt. Limited under the provisions of Water (Prevention & Control of Pollution) Act, 1974. A separate report has been filed by the NOIDA Authority on 20.12.2021 which is reproduced below:-
"
3. That in compliance of the order dated 06.08.2021, a report was duly filed by NOIDA Authority on 22.11.2021 in O.A. No. 1002 of 2018 with regard to the STP (Sewage Treatment Plant). It is not out of place to mention here that the said report included the project in question in the present application.
4. That with regard to the second grievance of the Applicant i.e illegal conversion of the Green area of the society into illegal concrete open car parking, following actions have been taken by the NOIDA Authority: -
• A Letter dated 18.10.2021 was issued by Planning Department of Noida Authority to M/s. R G Residency Pvt. Ltd. for removing the irregularities at the project site. A true copy of the letter dated 18.10.2021 was issued by Planning Department of Noida Authority to M/s. R G Residency Pvt. Ltd. has been annexed herewith as ANNEXURE -1.
• That pursuant thereto, the sales office and two unsold flats of the project in question have been sealed for STP Violation and Building bye-laws violations. • On 20.12.2021, the map which was sanctioned with purchasable FAR (Floor Area Ratio) was cancelled due to these violations. A true copy of the letter dated 20.12.2021 issued by the Planning Department Noida to M/s. R G Residency Pvt. Ltd. is annexed and marked as ANNEXURE -2.3
• On 20.12.2021, the Planning Department has issued a letter to the concerned work circle to remove/ demolish the illegal constructions on green area of the society. A true copy of the letter dated 20.12.2021 issued by the Planning Department Noida is annexed and marked as ANNEXURE-3."
5. Irregularities referred to in the letter dated 18.10.2021 are as follows:-
"
1. In violation of the building maps approved on 7/8/2019 of the Scheme under reference, provision of open parking has been made in the green belt/area.
2. A wall has been constructed for barricading between the built and under construction areas in the layout plan of basement and the parking area on the stilt floor.
3. According to the Noida Building Manual, the area less than the required area for parking is indicated at the site.
4. Several places are filled with water due to seepage/leakage from the expansion joint and waste water pipes in the basement.
5. Commercial / Community Block has been approved in the building maps approved on 7/8/2019. The Block under reference is being used without obtaining the occupancy certificate, which is against the provisions of the Noida Building Rules. The allottee firm has not applied for occupancy certificate of the commercial block till date.
6. The temple has been constructed without approval in the front setback of the project.
7. STP installed in the scheme is not functional.
8. Fire detection systems have not been installed in Tower No. A and B.
9. There are three sanctioned lifts in Tower No. A, out of them two lifts are installed and operational but one lift has not been installed.
10. There are three sanctioned lifts in Tower No. G and H respectively, out of them one lift in each tower is not operational."
6. Since the compensation assessed is not shown to have been recovered nor the violations found of not making the STP operational rectified, the State PCB needs to ensure compliance and file a further action taken report within one month. Adequacy of compensation also needs to be assessed having regard to the cost of restitution, 4 deterrence element consistent with financial capacity as per judgments of the Hon'ble Supreme Court inter alia in Goel Ganga Developers, (2018)18 SCC 257. Similarly, the NOIDA Authority also needs to take follow-up action of removing/demolishing illegal construction in the green area and remedial action with regard to irregularities found and file action taken report within one month by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Noida authority also needs to assess and recover compensation for the past violations till compliance. We also direct the State PCB and NOIDA Authority to put the project proponent to notice of these proceedings.
7. In view of rampant failures in compliances, the consent process adopted by the State PCB needs to be reviewed for better regulation of environmental norms. The Member Secretary, State PCB may remain present in person on the next date by video conferencing for interaction on the subject."
5. In pursuance of above, State PCB has filed its report dated 25.02.2022 followed by supplementary report filed on 07.07.2022. The NOIDA Authority has also filed its report dated 07.07.2022. The report of the State PCB dated 25.02.2022 is that compensation has been reviewed and prosecution filed. Supplementary report dated 07.07.2022 is that the Project Proponent moved the High Court against compensation and in light of order of the High Court, further proceedings are being taken by the State PCB. The stand of NOIDA Authority is that remedial action has been taken for restoration of the green area. In respect of irregularities in the project, notice has been issued to Project Proponent.
6. Learned Counsel for the Project Proponent has entered appearance and only stated that the fact of order of the High Court may be noticed, which we have already noticed. It is, however, not disputed that the constructions have been raised without requisite consents.
7. In view of reports of the State PCB and the NOIDA Authority, further remedial action against the irregularities in the project needs to be taken. Further, in the light of report of the State PCB that construction is without consents under the Water (Prevention and Control of Pollution) Act, 1974 5 and the Air (Prevention and Control of Pollution) Act, 1981, till compliance, the builder may not be allowed to raise any further construction or transfer of property to any third party. This may be ensured by the State PCB as well as District Magistrate and NOIDA Authority.
The application is disposed of.
A copy of this order be forwarded to State PCB, District Magistrate and NOIDA Authority by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 08, 2022 Original Application No. 193/2021 SN 6