National Green Tribunal
R. K. Singh S/O Late Shri Nityanand Singh vs Union Of India Through Secretary ... on 15 March, 2023
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Execution Application No.01/2021/EZ
In
Original Application No.45/2019/EZ
In the matter of:
R. K. Singh
Son of Late Shri Nityanand Singh,
Resident of G-600, 12th Street,
Gama - II, Greater Noida,
Uttar Pradesh - 201310
.... Applicant(s)
Versus
1. Union of India
Through the Secretary,
Ministry of Environment, Forests and Climate Change,
Indira Paryavaran Bhawan, Ali Ganj, Jorbagh Road,
New Delhi,
Delhi - 110003
2. State of Jharkhand
Through the Chief Secretary,
1st Floor, Project Building,
Dhurwa,
Ranchi - 834004
3. State Level Environment Impact Assessment Authority,
Jharkhand
Ministry of Environment, Forests and Climate Change,
Through the Member Secretary,
C 170, Road No.04, Ashok Nagar,
Ranchi,
Jharkhand - 834002
4. Urban Development and Housing Department,
Through the Secretary,
4th Floor Project Building,
Dhurwa,
Ranchi,
Jharkhand - 834004
5. Building Construction Department, Jharkhand
Through the Joint Secretary,
Line Tank Rd, Deputy Para,
Ahirtoli, Ranchi,
Jharkhand - 834004
1
6. Jharkhand State Pollution Control Board,
Through the Member Secretary,
CD-256, HEC Colony, CTI Colony,
Sector 3, Dhurwa,
Ranchi,
Jharkhand - 834004
.... Applicant(s)
Date of hearing: 15.03.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE, PROF. A. SENTHIL VEL, EXPERT MEMBER
For Applicant(s) : Mr. Saurabh Sharma, Advocate (in Virtual Mode)
For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-2, 4 & 5 (in Virtual Mode)
Mr. Ashok Prasad, Advocate for R-3,
Mr. Surendra Kumar, Advocate for R-6 a/w
Mr. Kumar Manibhushan, Consulting Executive, JSPCB
(in Virtual Mode)
ORDER
1. The Original Application No.45/2019/EZ was filed alleging non-
implementation of Environmental Impact Assessment Notification, 2006 in the State of Jharkhand in respect of building constructions. It was stated that the State of Jharkhand had undertaken various major constructions of buildings particularly in the cities of Ranchi, Jamshedpur, Bokaro and Deogarh without obtaining mandatory prior environmental clearance under the EIA Notification, 2006 even when it was mandatory in respect of structures having more than 20,000 Sq. Mt. which is categorized as Category 8(a) in the Schedule to the notification.
2. Apart from the above, it was stated that there were large number of other structures and, as per information obtained from the State Government under the RTI Application, only 20 buildings and construction projects had thus far applied for Environmental Clearance since the year 2006. According to the Applicant, if Environmental Clearance had been obtained, it would have taken care to ensure that such deleterious effect did not occur. 2
3. The Original Application was disposed of by the Tribunal with the following directions: -
"11. We, therefore, direct as follows: -
i. The State Government through the Urban Development Department shall ensure that Environment Impact Assessment is undertaken in respect of all the structures which have been raised in the municipal areas expeditiously in accordance with the procedure laid down in the EIA Notification 2006. Accordingly, the Environmental Management Plan be prepared and mitigation measures proposed therein be implemented so as to address the environmental issues arising on account of such constructions without EC.
Similar action shall be taken in respect of the structures falling within notified Nagarpalika areas and Gram Panchayats, if there be any.
ii. Environmental Compensation shall be assessed in respect of all the structures which have been raised without EC and shall be recovered from the appropriate authorities/persons/builders/project proponents (as the case may be) within a period of three months from hence. Environmental Compensation in respect of those which have already been assessed shall also be recovered within the said period.
iii. All ongoing constructions undertaken without obtaining prior EC shall be stopped forthwith until the environmental clearance is obtained.
iv. Action shall be initiated under section 19 of the Environment (Protection) Act, 1986 by the State Pollution Control Board forthwith against those who are responsible for the violations.
v. Since the violations were being committed under the gaze of the concerned authorities, we direct initiation of disciplinary proceedings against the concerned officers, the Municipal Commissioners and the State Pollution Control Board at the earliest."3
4. This Execution Application has been filed with the allegation that the directions given in paragraph 11 of the judgment of the Tribunal dated 09th September, 2020 have not been complied with.
5. Affidavit dated 03.11.2021 has been filed by the Respondent No.6, Jharkhand State Pollution Control Board. In this affidavit, we find that no chart has been given showing computation of Environmental Compensation of various defaulting projects falling in various urban local body areas and gram panchayat areas.
6. In the said affidavit, it is further stated that a meeting was held on 24.09.2020 under the chairmanship of the Chief Secretary, Govt. of Jharkhand for compliance of the directions issued by the Tribunal in its order dated 09.09.2020, in which the Building Construction Department, Govt. of Jharkhand, has been made Nodal Department with regard to the Govt. Buildings and the Urban Development Department has been made Nodal Department for other activities other than undertaken by the Building Construction Department and its Corporation. Paragraphs 4 & 5 of this affidavit are being reproduced herein for better appreciation of the case which read as under: -
"4. That, it is humbly stated and submitted that a meeting was convened under chairmanship of the Chief Secretary, Govt. of Jharkhand on 24.09.2020 for the compliance of the direction issued by Hon'ble NGT order dated 09.09.2020 in O.A. No. 45/2019/(EZ). In light of this meeting the following directions fixing the role of the Jharkhand State Pollution Control Board (JSPCB) have been issued which are as follows: -
i. JSPCB will help UDD (Urban Development Department, Govt. of Jharkhand) in calculation of Environment Damages Compensation amount in consultation with CPCB (Central Pollution Control Board).4
ii. JSPCB may also suggest A/c details where EC compensation/penalties can be deposited.
iii. JSCPB along with UDD may hold/organize awareness webinars for Environment Clearance (EC) compliances for the officers and stakeholders e.g. Architect/Consultants/RERA team/ULBs/BIADA/Contractors/Builders etc.
5. That, it is humbly stated and submitted that it is noteworthy that in the context of the instant O.A. No. 45/2019(EZ), this meeting dated 24.09.2020, the Building Construction Department (BCD) of the State Govt. has been made the Nodal Department for compliance of the direction issued by the Hon'ble NGT regarding Govt. Buildings or buildings constructed/being constructed by JSBCC (Building Corporation) and the Urban Development Department of the State Govt. has been made the Nodal Department for this case for all other activities other than undertaken by the BCD and its corporation mentioned in the order [para - (I) & para - (x) of the minutes of the proceedings of the said meeting dated 24.09.2020]."
7. In the affidavit dated 23.02.2022 filed by the State Respondents, there is a list of 51 projects; some of which have obtained Environmental Clearance, some of which have not obtained Environmental Clearance and some of which do not require Environmental Clearance. There is another list of 24 projects which either they do not require Environmental Clearance or have not obtained Environmental Clearance or are not in urban local body areas but are in the panchayat areas.
8. We find that the chart shown in this affidavit does not tally with the chart which is part of the judgment (page no. 28 to 36 of the paper book), of the Tribunal dated 09.09.2020 in which 57 projects have been identified as not having obtained Environmental Clearance. The Tribunal in its judgment dated 09.09.2020 had also directed 5 that action shall be taken in respect of the structures falling within the notified Nagarpalika areas and Gram Panchayats areas, if there be any.
9. Affidavit dated 26.04.2022 has been filed by Respondent No.6, Jharkhand State Pollution Control Board. Along with this affidavit, a chart has been filed showing computation of Environmental Compensation from Unit No.4, 5, 6, 7, 9, 10, 15, 16, 23 which reads as under: -
"S. Name of Unit Address Environmental No. Compensation/Remarks
4. Estate Buildcon Cheshire Home Rs.2,39,06,250.00/- as Pvt. Ltd. Road, Bariatu, per details provided via Ranchi email dated 06/04/2020 and the details provided by the PP.
5. Moti Argora, Ranchi Rs.30,78,125.00/- as per Infrastructures details provided via email dated 06/04/2020 and the details provided by the PP.
6. Lucky Buildcon Argora-Kathal Rs.69,84,375.00/- as per More Raod, details provided via email Pundag, Ranchi dated 06/04/2020 and the details provided by the PP.
7. Ocanik Buildtek Argora by pass, Rs.85,78,125.00/- as per and Construction Argora details provided via email Pvt. Ltd. Mahaveer dated 06/04/2020 and Nagar, Ranchi the details provided by the PP.
9. Assotech Sun Plot No.1877, Rs.48,51,562.00/- as per Growth Abode Boreya, details provided via email LLP Morabadi, dated 06/04/2020 and Ranchi the details provided by the PP.
10. Assotech Sun Plot No.1877, Rs.3,45,93,750.00/- as Growh Abode Boreya, per details provided via 6 LLP Morabadi, email dated 06/04/2020 Ranchi and the details provided by the PP.
15. Nisith Keshari Argora-Kathal Rs.48,75,000.00/- as per Constructions More Road, details provided via email Pvt. Ltd. Dist-Ranchi dated 06/04/2020 and the details provided by the PP.
16. Nisith Keshari Argora-Pundag Rs.36,32,812.00/- as per Construcitons Road, Dist- details provided via email Pvt. Ltd. Ranchi dated 06/04/2020 and the details provided by the PP.
23. P & M Ward No.4, Rs.12,44,17,969.00/- as Infrastructure Jamshedpur per details provided via Pvt. Ltd. email dated 06/04/2020 and the details provided by the Jameshedpur Notified Area Committee vide letter No.1047 dated 30/03/2022.
10. So far as the Unit at Sl. No.1, 2, 3, 8, 11, 17, 18, 21 & 24 are concerned, it is stated that there are no violations.
11. So far as the Unit at Sl. No.12, 13, 14, 19, 20, 22, 25, 26 27, 28, 29 & 30 are concerned, it is stated that the Environmental Compensation could not be computed due to insufficient details for calculation of Environmental Compensation as the date on which the construction has started has not been provided by the Project Proponent. Information regarding Sl. No.12, 13, 14, 19, 20, 22, 25, 26 27, 28, 29 & 30 in the chart reads as under: -
"S. Name of Unit Address Environmental No. Compensation/Remarks
12. Morias Morabadi, Insufficient details for Infrastructure Ward No.4, calculation of Pvt. Ltd. Bariatu, Ranchi Environmental (SkyDale) Compensation as date on 7 which construction has started has not been provided by the PP as per details provided via email dated 06/04/2022.
13. Morias Morabadi, Insufficient details for Infrastructure Ward No.4, calculation of Pvt. Ltd. (Shri Bariatu, Ranchi Environmental Vrinda) Compensation as date on which construction has started has not been provided by the PP as per details provided via email dated 06/04/2022.
14. Global Infra Argora Ranchi Insufficient details for calculation of Environmental Compensation as proposed quantity of waste water generation have not been provided by the PP as per details provided via email dated 06/04/2022.
19. Panchwati Ward No.30, Insufficient details Apartment Opposite (number of days of Ramgarh violations, quantity of College, waste water generation, Ramgarh cost of project has not been provided) for calculation of Environmental Compensation via email dated 06/04/2022.
20. Sri Nath Homes Old Purulia Insufficient details India Pvt. Ltd. Road, Mango, (number of days for which Jamshedpur violation took place, quantity of waste water generation, cost of project has not been provided) for 8 calculation of Environmental Compensation has been provided vide letter no.644 dated 14/03/2022 by the Executive Officer, Mango Nagar Nigam and via email dated 06/04/2022.
Though from the perusal of details it seems as a violation case.
22. M/s Samay Old Purulia Insufficient details Constructions Road, Mango, (number of days for which Jamshedpur violation took place, quantity of waste water generation, cost of project has not been provided) for calculation of Environmental Compensation has been provided vide letter no.644 dated 14/03/2022 by the Executive Officer, Mango Nagar Nigam and via email dated 06/04/2022.
Though from the perusal of details it seems as a violation case.
25. Vidhi Developers Opposite Insufficient details (No. of (P) Ltd. Sudha Dairy, days of violation has not (Vinayaka Dindli, been provided) for Garden Phase-2) Adityapur calculation of Environmental Compensation has been provided via email dated 06/04/2022 and as per report submitted by the PP.9
26. Vidhi Developers Opposite Insufficient details (No. of (P) Ltd. Sudha Dairy, days of violation has not (Vinayaka Dindli, been provided) for Garden Phase-10 Adityapur calculation of Environmental Compensation has been provided via email dated 06/04/2022 and as per report submitted by the PP.
27. Vidhi Developers Opposite Insufficient details (No. of (P) Ltd. Sudha Dairy, days of violation has not (Vinayaka Dindli, been provided) for Garden Phase-10 Adityapur calculation of Environmental Compensation has been provided via email dated 06/04/2022 and as per report submitted by the PP.
28. Srinath Global S Type, Insufficient details (No. of Village Kalpanapuri, days of violation, cost of Adityapur Project has not been provided) for calculation of Environmental Compensation has been provided via email dated 06/04/2022 and as per report submitted by the PP. Moreover, the PP is not sharing the details pertaining to cost of the Project.
29. CSN Developers Rameshwaram, Insufficient details (No. of Pvt. Ltd. Tata Kandra days of violation has not Main Road, been provided) for Near Sudha calculation of Dairy Chowk, Environmental Adityapur Compensation has been provided via email dated 10 06/04/2022 and as per report submitted by the PP.
30. Sai Anchal Tata Kendra Insufficient details (No. of Main Road, days of violation has not Opposite been provided) for Sudha Dairy, calculation of Adityapur Environmental Compensation has been provided via email dated 06/04/2022 and as per report submitted by the PP.
12. It is also stated that the Jharkhand State Pollution Control Board has recommended to levy an Interim Environmental Compensation of Rs.1,00,00,000/- (Rupees One crore only) on the builders of alleged units for which insufficient details have been provided for calculation of Environmental Compensation till the exact amount of Environmental Compensation for the violation period is calculated for those projects.
13. Affidavit dated 25.05.2022 has been filed by Respondent No.4. In this affidavit, it is stated that in pursuance of the order of the Tribunal dated 25.02.2022 for structures falling under the notified Nagarpalika/Panchayat/Gram Panchayat area, information has been called for from the Department of Urban Development and Housing Department from the Rural Development Department vide letter no.426 and 502 dated 05.04.2022 and 25.04.2022 respectively and the details will be placed before the Tribunal as soon as the same are obtained. However, it appears that since those details have not been placed before the Tribunal in the present affidavit it means that the various 11 Nagarpalika/Panchayat/Gram Panchayat are not responding to the queries of the State Government.
14. It is further stated that the status of Environmental Clearance of 24 buildings was collected from the Urban Local Bodies. It is also stated that for 66 buildings out of which 23 have obtained Environmental Clearance, do not require Environmental Clearance due to lesser area/project before 2006 while Environmental Clearance is yet to be obtained for 37 buildings.
15. If 37 buildings are existing without Environmental Clearance, the affidavit is silent with regard to action taken against these buildings. Environmental Compensation has also not been assessed.
16. The said affidavit does not disclose that the units which have not obtained Environmental Clearance their works have been stopped or not and if not, why?
17. Accordingly, the Principal Secretary, Urban Development and Housing Department was directed to file his personal affidavit with respect to all the units which are operating without Environmental Clearance in urban and rural areas, stating what action has been taken against them.
18. The Member Secretary, Jharkhand State Pollution Control Board, was also directed to file his personal affidavit stating what action has been taken against the defaulting units which are operating or were operating without Environmental Clearance and also with regard to recovery of interim Environmental Compensation of Rs.1,00,00,000/- (Rupees One crore only) proposed by the State Board, on the building and construction projects for which 12 insufficient details have been provided for calculation of Environmental Compensation.
19. Affidavit dated 28.08.2022 has been filed by Respondent No.6, Jharkhand State Pollution Control Board. Along with this affidavit, a chart has been filed showing information of the Units for which Environmental Compensation has not been computed till date for want of information. The chart reads as under: -
S. Name of Unit Address Environmental N. Compensation/Remarks
1. Vasundhara Mango, No details provided for Enclave Jamshedpur calculation of Environmental Compensation as per details provided via email dated 23/08/2022 although the built-up area is 29,765.90 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no.1165 dated 14/05/2022.
2. Ashiana Mango, Insufficient details for Brahmananda Jamshedpur calculation of Environmental Compensation as per details provided via email dated 23/08/2022 as the built-up area has not been provided and it is stated to be outside the Mango Municipal Corporation Area as reported by the Mango Municipal Corporation, Jamshedpur vide letter no.1165 dated 14/05/2022.
3. M/s Sri Nath Mango, Insufficient details for Homes India Jamshedpur calculation of Environmental Pvt. Ltd. Compensation as per details provided via email dated 23/08/2022 as the built-up 13 area has not been provided and it is stated that Project was withdrawn by builder and applied for new building plan which is less 20,000 sqm. as reported by the Mango Municipal Corporation, Jamshedpur letter no.1165 dated 14/05/2022.
In this case neither the new built up area is provided nor has it been reported that any construction work has been done as per the old approved plan.
4. M/s Samay Mango, Insufficient details for Construction Jamshedpur calculation of Environmental Pvt. Ltd. Compensation as per details provided via email dated 23/08/2022 as neither the number of days for which violation took place has been provided nor quantity of waste water generation has been provided reported by the Mango Municipal Corporation, Jamshedpur vide letter no.1165 dated 14/05/2022.
5. Vinayaka Not Insufficient details for Garden (Vidhi Provided calculation of Environmental Developers) Compensation as per details provided via email dated 23/08/2022 as it has been reported by the Adityapur Municipal Corporation, 14 Adityapur vide letter no. 742 dated 29/03/2022 that the covered area for 1st phase is 10,519.22 m2 2nd phase 14,934.92 m2 and 3rd phase is 17,944.08 m2 and for the same has been issued on different dated (13/06/2013, 16/09/2014 & 30/04/2015 respectively) but it has not been mentioned that they will be considered in expansion (i.e. as part of the same project constructed in a phase wise manner) or not.
6. Aadharshila Not Insufficient details for Homes Pvt. Provided calculation of Environmental Ltd. Compensation as per details provided via email dated 23/08/2022 as it has been reported by the Adityapur Municipal Corporation, Adityapur vide letter no. 742 dated 29/03/2022 that the permit for 1st phase was issued on 05/09/2006; 2nd phase was issued on 02/07/2007 and 3rd phase was issued on 12/12/2014.
For 3rd phase the covered
area is <20,000 m2. It has
not been mentioned that they
will be considered in
expansion (i.e. as part of the
same project constructed in a
phase wise manner) or not
and the total built up area as
15
per EIA Notification is
>20,000 m2 or not.
7. Sai Anchal Not Insufficient details (No. of
(Mangal Jiwan Provided days of violation, Project
Construction Cost, Waste Water
Pvt. Ltd.) Generation) for calculation of
Environmental Compensation
as per details provided via
email dated 23/08/2022 as it
has been reported by the
Adityapur Municipal
Corporation, Adityapur vide
letter no. 742 dated
29/03/2022 and letter dated
26/03/202 of the Project
Proponent that the total built
up are is 20,264.15 m2.
8. Rameshwaram Not Insufficient details (No. of
(C.S.N. Provided days of violation) for
Developers calculation of Environmental
Pvt. Ltd.) Compensation as per details
provided via email dated
23/08/2022 and as reported
by the Adityapur Municipal
Corporation, Adityapur vide
letter no. 742 dated
29/03/2022.
9. Srinath Homes Not Insufficient details (No. of
India Pvt. Ltd. Provided days of violation, Project
Cost, Waste Water
Generation, total built up
area as per EIA Notification,
2006) for calculation of
Environmental Compensation
as per details provided via
email dated 23/08/2022 and
as reported by the Adityapur
16
Municipal Corporation,
Adityapur vide letter no. 742
dated 29/03/2022.
10. M.P. City Not Insufficient details (No. of
(Baikunth Provided days of violation, Project
Palace) Cost, Waste Water
Generation, total built up
area as per EIA Notification,
2006) for calculation of
Environmental Compensation
as per details provided via
email dated 23/08/2022 and
as reported by the Adityapur
Municipal Corporation,
Adityapur vide letter no. 742
dated 29/03/2022.
20. The Units for which Environmental Clearance is not required as the built-up area being less than 20,000 sq. meters has also been given in a chart which reads as under: -
S. Name of Address Environmental N. Unit Compensation/Remarks
1. Sahid Mango, No violation as per details Manoranjan Jamshedpur provided via email dated Vastu Vihar 23/08/2022 because the built up are is 14,860.59 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no. 1165 dated 14/05/2022.
2. Ashiana Sun Mango, No violation as per details City Jamshedpur provided via email dated 23/08/2022 because the built up are is 16,410.37 m2 as reported by the 17 Mango Municipal Corporation, Jamshedpur vide letter no. 1165 dated 14/05/2022.
3. M-Infiniti Mango, No violation as per details Jamshedpur provided via email dated 23/08/2022 because the built up are is 16,758.33 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no. 1165 dated 14/05/2022.
4. Sharda City Mango, No violation as per details Jamshedpur provided via email dated 23/08/2022 because the built up are is 8,667.40 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no. 1165 dated 14/05/2022.
5. Shiv Kumar Mango, No violation as per details Asthali Jamshedpur provided via email dated 23/08/2022 because the built up are is 19,203.40 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no. 1165 dated 14/05/2022.
6. Mahal Mango, No violation as per details Residency Jamshedpur provided via email dated 23/08/2022 because the built up are is <20,000 m2 as reported by the Mango Municipal Corporation, Jamshedpur vide letter no.18
1165 dated 14/05/2022.
Though exact built up area
has not been provided.
7. Sahara Not provided No violation as per details
Garden City provided via email dated
(Samay 23/08/2022 and as
Homes C.) reported by the Adityapur
Municipal Corporation,
Adityapur vide letter no.
742 dated 29/03/2022
because the building plans
for both phase were
approved in the year 2005.
21. A further chart has been filed of the Units showing computation of Environmental Compensation to whom reminder letters have been issued on 26.08.2022 which reads as under: -
S. Name of Amount of Reminder issued N. defaulting Unit Environmental by Letter No. Compensation
1. The Director, ₹ 2,39,06,250.00/- B-1730, dated M/s Estate Buildcon 26/08/2022 Private Limited, At- Cheshire Home Road, Bariatu, Dist
- Ranchi.
2. The Director, ₹ 30,78,125.00/- B-1731, dated M/s Moti 26/08/2022 Infrastructures, At- 1862/A, Near Jayshree Green City, Argora, Dist -
Ranchi.
3. The Director, ₹ 69,84,375.00/- B-1732, dated M/s Lucky Buildcon, 26/08/2022 At- Argora- Kathal 19 More Road, Pundag, Dist - Ranchi.
4. The Director, ₹ 85,78,125.00/- B-1733, dated M/s Oceanik 26/08/2022 Buildtek and Construction Pvt.
Ltd., At- Argora by Pass, Dist - Ranchi.
5. The Director, ₹ 48,51,562.00/- B-1734, dated M/s Assotech Sun 26/08/2022 Growth Abode LLP, At- Plot No.1877, Boreya, Morabadi, Dist - Ranchi.
6. The Director, ₹ 3,45,93,750.00/- B-1735, dated M/s Assotech Sun 26/08/2022 Growth Abode LLP, At- Plot No.1877, Boreya, Morabadi, Dist - Ranchi.
7. The Director, ₹ 48,75,000.00/- B-1736, dated M/s Nisith Keshari 26/08/2022 Constructions Pvt.
Ltd., At- Argora- Kathal More Road, Dist -
Ranchi.
8. The Director, ₹ 36,32,812.00/- B-1737, dated M/s Nisith Keshari 26/08/2022 Constructions Pvt.
Ltd., At- Argora- Kathal More Road, Dist -
Ranchi.
9. The Director, ₹ 12,44,17,969.00/- B-1738, dated M/s P & M 26/08/2022 20 Infrastructure Pvt.
Ltd., At- Ward No.4, Dist.
- Ranchi.
22. Certain defaulting Units were directed to deposit the interim Environmental Compensation of Rs.1,00,00,000/- (Rupees One crore only). The list of such defaulting Units are as under: -
S. N. Name of defaulting Unit Direction issued by Letter No.
1. The Director, B-1745, dated M/s Sri Nath Homes India Pvt. Ltd., 26/08/2022 Old Purulia Road, Mango, Jamshedpur.
2. The Director, B-1744, dated M/s Samay Constructions, 26/08/2022 Old Purulia Road, Mango, Jamshedpur.
3. The Director, B-1743, dated M/s Vidhi Developers (P) Ltd. 26/08/2022 (Vinayaka Garden Phase-2) Opposite Sudha Dairy, Dindli, Adityapur.
4. The Director, B-1742, dated M/s Vidhi Developers (P) Ltd. 26/08/2022 (Vinayaka Garden Phase-2) Opposite Sudha Dairy, Dindli, Adityapur.
5. The Director, B-1741, dated M/s Srinath Global Village, 26/08/2022 S Type, Kalpanapuri, Adityapur.
6. The Director, B-1740, dated M/s CSN Developers Pvt. Ltd. 26/08/2022 Rameshwaram, Tata Kandra Main Road, Near Sudha Dairy Chowk, Adityapur.
7. The Director, B-1739, dated M/s Sai Anchal, 26/08/2022 21 Tata Kendra Main Road, Opposite Sudha Dairy, Adityapur.
23. Another chart has been filed of the defaulting Units which were issued notices on 26.08.2022 which reads as under: -
S. Name of Amount of Direction issued N. defaulting Unit Environmental by Letter No. Compensation
1. M/s Morias ₹ 6,30,70,312/- B-1748, dated Infrastructure Pvt. 26/08/2022 Ltd. (Sky Dale) At- Harihar Singh Road, Morabadi, Dist- Ranchi.
2. M/s Morias ₹ 6,79,57,031/- B-1747, dated Infrastructure Pvt. 26/08/2022 Ltd. (Shiri Vrinda) At- Kusum Vihar Road, Dist- Ranchi.
3. M/s Global Infra ₹ 4,27,73,438/- B-1749, dated Argora, Ranchi. 26/08/2022
4. M/s Panchwati ₹ 94,50,000/- B-1746, dated Apartment 26/08/2022 At- Ward No.30, Opposite Ramgarh College, Dist- Ranchi.
24. It is further stated that the Regional Officer, Jharkhand State Pollution Control Board, Regional Office, Jamshedpur, has been authorized vide Board's letter dated 26.08.2022 to file complaint case against the defaulting Units under Section 19 of the Environment (Protection) Act, 1986.
25. Counter-affidavit dated 16.11.2022 has been filed on behalf of the Respondent No.6, Jharkhand State Pollution Control Board. 22
26. In para 5 of this affidavit, it is stated that 4 (four) complaint cases have been filed against the defaulters, as stated hereinbelow: -
"S.N. Details of Defaulting unit Details of Case
1. Srinath Global Village, S Type More, Complain Case Filing Kalpanapuri, Adityapur, Dist. - No.3256/2022 Saraikela Kharsawan Date of Filing -
27/09/2022
CRN: JHSK03-003071-
2022
2. Samay Construction Pvt. Ltd., Complain Case Filing No.
Pardih, Mango, Jamshedpur, Dist. - - 5944/2022 East Singhbhum. Date of Filing -
27/09/2022 CRN:
JHJR0300149862022
3. P & M Infrastructure Limited, Complain Case Filing No. Bistupur, Jamshedpur, Dist. - East - 5945/2022 Singhbhum Date of Filing -
27/09/2022 CRN:
JHJR0300149872022
4. Vidhi Developers (P) Ltd., Vinakaya Complain Case Filing No. Garden, Near Sudha Dairy, - 3255/2022 Adityapur, Dist. - Saraikela - Date of Filing -
Kharsawan. 27/09/2022
CRN: JHSK03-003070-
2022"
27. In para 6 of this affidavit, a further detailed list of 11 (eleven) defaulting units has been mentioned and in para 8 of this affidavit, it is stated that 11 (eleven) complaint cases have been filed against the eleven defaulting units.
28. Affidavit dated 13.03.2023 has been filed by Respondent No.6, Jharkhand State Pollution Control Board stating therein that Jharkhand State Pollution Control Board had requested the State 23 Level Environment Impact Assessment Authority (SEIAA), Jharkhand, to provide the details of the action taken and Environmental Clearance accorded to the Building and Construction Projects under violation category in terms of EIA Notification, 2006 as amended vide Board's No.B-362 dated 21.02.2023 and SEIAA was required to provide the following details: -
a) The Environmental Clearance accorded/under process of the Building and Construction Projects under violation category.
b) The Environmental Compensation/Penalty submitted of assessed for those violation projects.
c) The Bank Guarantee equivalent to the amount of Remediation Plan and Natural & Community Resource Augmentation Plan submitted or assessed for those violation projects.
d) The action initiated under Section 15 read with Section 19 of the Environment (Protection) Act, 1986 against the violation projects.
29. In paragraph-7 of the affidavit, it is stated that 19 (Nineteen) defaulting/violating projects have deposited the Penalty amount (Environmental Compensation) and Bank Guarantee against the Remediation Plan as per the direction of SEIAA, Jharkhand with the JSPCB. The details of which is as follows: -
S.N. Name of defaulting Details of Details of Bank Unit Penalty Amount Guarantee against (Environmental the Remediation Compensation) Plan deposited to deposited to JSPCB JSPCB 1 M/s Global Infra, ₹ 18,68,000/- ₹ 89,85,000/- By At - Argora, Ranchi By DD No.- KMB BG No. -
'115694' dated 56321GF220019196 24 01/08/2022. dated 03/08/2022 Claim date -
01/08/2024.
2 Panchwati Apartment ₹ 20,60,000/- ₹ 47,31,250/- At - Ward No.30, By DD No. - By BG No. -
Opposite Ramgarh '504018' dated 1314NDDG00201623
College, Ramgarh. 31/08/2022. dated 31/08/2022
Claim date -
29/08/2024.
3 M/s Estate Buildcon ₹ 39,46,525/- ₹ 80,00,000/-
Private Limited, By DD No. - By BOI BG No. -
At - Cheshire Home '000285' dated 4599IPEBG220015
Road, Bariatu, Dist - 25/07/2022. dated 25/07/2022
Ranchi. Claim date -
24/07/2023.
4 M/s Moti ₹ 7,25,432/- ₹ 70,25,000/-
Infrastructures, By DD No. - By SBI BG No. -
At - 1862/A, Near '489478' dated 0901022BG0000019
Jayshree Green City, 26/07/2022. dated 27/07/2022
Argora, Dist - Ranchi Claim date -
25/07/2025.
5 M/s Lucky Buildcon, ₹ 11,00,000/- ₹ 43,05,000/-
At - Argora - Kathal By DD No. - By UBI BG No. -
More Road, Pundag, '500953' dated 4644IPEBG230B17
Dist - Ranchi. 28/07/2022. dated 05/08/2022
Claim date -
04/08/2024.
6 M/s Oceanik Buildtek ₹ 15,37,250/- ₹ 32,50,000/-
and Construction Pvt. By DD No. - By HDFC BG No. -
Ltd., '005280' dated 087GT02222410001
At - Argora by Pass, 29/08/2022. dated 29/08/2022
Mahaveer Nagar, Dist Claim date -
- Ranchi. 27/08/2024.
7 M/s Assotech Sun ₹ 2,93,996/- ₹ 35,35,000/-
Growth Abode LLP, By DD No. - By UBI BG No. -
At - Plot No. - 1877, '474093' dated 748000IGL0001322
Boreya, Morabadi, 27/07/2022. dated 26/07/2022
Dist - Ranchi Claim date -
31/03/2024.
8 M/s Assotech Sun ₹ 32,65,000/- ₹ 70,25,000/-
Growth Abode LLP, By DD No. - By UBI BG No. -
At - Plot No. - 1877, '676520' dated 748000IGL0001222
Boreya, Morabadi, 27/07/2022. dated 26/07/2022
Dist - Ranchi. Claim date -
31/03/2024.
9 M/s Nisith Keshari ₹ 23,69,000/- ₹ 53,08,125/-
Constructions Pvt. By DD No. - By HDFC BG No. -
Ltd., (Oak Elegance) '049654' dated 087GT02222440001
At - Argora - Kathal 31/08/2022. dated 01/09/2022
More Road, Dist- Claim date -
25
Ranchi. 30/08/2024.
10 M/s Nisith Keshari ₹ 16,94,000/- ₹ 6,37,000/-
Constructions Pvt. By DD No. - By HDFC BG No. -
Ltd., (Oak Forest) '049655' dated 087GT02222440003
At - Argora - Kathal 31/08/2022. dated 01/09/2022
More Road, Dist- Claim date -
Ranchi. 30/08/2024.
11 M/s Home Line ₹ 1,15,000/- ₹ 29,65,000/-
Builders (Hope By DD No. - By ICICI BG No. -
Residency), '503984' dated 0175NDDG00006423
At- Argora, Ranchi. 26/07/2022. dated 27/07/2022
Claim date -
26/07/2025.
12 M/s Ilika Estate Pvt. ₹ 18,46,500/- ₹ 1,23,06,250/-
Ltd. (Samridhi Park), By DD No. - By CBI BG No. -
At - Arra Gate, '486024' dated 04448BGT22000003
Namkum, Ranchi. 05/08/2022. dated 04/08/2022
Claim date -
03/08/2024.
13 Housing Project ₹ 21,78,000/- ₹ 1,26,90,000/-
'Diamond Cityu' By DD No. - By IOB BG No. -
At- Village Oyna, '419843' dated 36671223000010
Thana- Pithoria, 25/01/2023. dated 20/01/2023
Tahsil- Kanke, Dist. Claim date -
Ranchi, Jharkhand 22/01/2026.
14 M/s City Select ₹ 1,42,660/- ₹ 12,81,250/-
Developers By DD No. - By ICICI BG No. -
At - Ward No. - 13 '507021' dated 0175NDDG00016923
(New-27), Main Road, 28/12/2022. dated 26/12/2022
Hindpiri, Ranchi Claim date -
26/12/2024.
15 Residential Apartment ₹ 2,25,000/- ₹ 1,60,50,000/-
'SG Exotica' By DD No. - By HDFC BG No. -
At - Lalpur, Ranchi '545471' dated 087GT02223220001
Sahar, Ranchi. 06/12/2022. dated 18/11/2022
Claim date -
₹ 19,00,000/- 17/11/2025.
By DD No. -
'000121' dated
04/11/2022.
16 M/s Vasundhra ₹ 30,35,972/- ₹ 1,34,14,063/-
Homes Pvt. Ltd. (1. By DD No. - By HDFC BG No. -
Vasundhara Elegance '487667' dated 087GT02223410009
2. Vasundhara 12/07/2022. dated 18/11/2022
Megamart Claim date -
3. Vasundhara 12/06/2026.
Radiance)
At - Argora, Ranchi,
Jharkhand.
17 'Symphony City' ₹ 12,90,000/- ₹ 45,37,500/-
At - Mesra, Thana - By DD No. - By CB BG No. -
Sadar, Ranchi '000659' dated 01/22/49/10
30/11/2022. dated 12/03/2022
Claim date -
12/02/2025.
18 'Gemini Eastern' ₹ 25,35,780/- ₹ 42,81,000/-
26
At - Oyna, Thana - By DD No. - By SBI BG No. - Pithoria, Kanke, '223197' dated 0020723BG0000002 Ranchi. 27/12/2022. dated 12/01/2023 Claim date -
31/03/2024 & ₹ 75,00,000/-
By SBI BG No. -
0020723BG0000001
dated 12/01/2023
Claim date -
31/03/2024
19 'P&M Hi-Tech City ₹ 75,90,505/- Not submitted"
Centre Mall' of M/s By DD No. -
P&M Infrastructures '416930' dated
Pvt. Ltd. 24/01/2023.
At - Bistupur,
Jamshedpur.
30. The status of Building and Construction Projects pointed out in the rejoinder affidavit dated 01.02.2023 by the Applicant has been given in paragraph-8 of the affidavit which reads as under: -
"8. That, it is humbly stated and submitted that the status of the building and construction projects pointed out in the rejoinder affidavit dated 01/02/2023 by the applicant which were mentioned in the order dated 09.09.2020 of the Original application is as follows: -
S. N. Name of the building and Status construction projects 1 M/s Vijaya Homes Maker Pvt. No violation, as all the projects Ltd. are separate and have obtained separate permit from the concerned authorities and are having built up area <20,000 m2.
2 Sri Phanidra Mahto, Director No violation, as all the projects M/s Vijaya Homes Pvt. Ltd are separate and have obtained (Total Projects: 7) separate permit from the concerned authorities and are having built up area <20,000 m2.
3 Sri Shyam Sundar Gaur, No violation, as all the projects Director are separate and have obtained M/s Vijaya Homes Pvt. Ltd. separate permit from the 27 (Total Projects: 5) concerned authorities and are having built up area <20,000 m2.
4 M/s Tribhumi Housing Pvt. No violation, as the built-up area Ltd., Sri Shyam Sundar Gaur, of the project is 4259.62 m2 Vijaya Homes Pvt. Ltd. which is <20,000 m2. 5 M/s Gaiitricks Developers Pvt. No violation, as the built-up area Vijaya Homes Pvt. Ltd. of both the projects is 2287.04 m2 (Total Projects: 2) & 4269.86 m2 respectively which is <20,000 m2.
6 P&M Hi-Tech City Centre Mall Violation. Details in Para 6, S.N. -19
7 Aastha Twin City No information has been provided by the Urban Development and Housing Department.
8 Jharkhand Vidhan Sabha Environmental Clearance
accorded by the Competent
Authority.
9 New Ranchi High Court Environmental Clearance
Building & Residential accorded by the Competent
Complex Authority."
31. It is stated that M/s Vijaya Homes Pvt. Ltd., has submitted details of 20 projects including 12 projects mentioned in the above table and it is found that all these 20 projects are separate entities.
32. It is also stated that in the case of M/s Vishal Constructions of Pune, where the plots were adjacent to each other, they have got separate sanction of plot no.1 having a built-up area of 13,484 m2 and sanction of plot no.2 having a built-up area of 18,628 m2. It is further stated that since both the plots have a built-up area of less than 20,000 m2 against each sanction, Environmental Clearance was not required to be taken by them. It is also stated that when both plots were amalgamated by the Project Proponent, the total built-up area became more than 20,000 m2, thus, the amalgamated project came under purview of the EIA Notification, 2006. It is 28 stated that they have not carried out construction of more than 20,000 m2 against each sanctioned plan for respective plots and therefore, it is suggested that they have not violated the EIA Notification, 2006.
33. Mr. Saurabh Sharma, learned Counsel for the Applicant has opposed the contention of the Jharkhand State Pollution Control Board and stated that to avoid the rigour of EIA Notification, 2006, deliberately it is being sought to show that construction is being made over two different plots though the Jharkhand State Pollution Control Board has itself admitted that the built-up area of the two plots were amalgamated and the combined area is more than 20,000 m2 thus, making the provisions of EIA Notification, 2006, mandatorily applicable to the said projects.
34. It has also been stated in the affidavit of the Jharkhand State Pollution Control Board that the MoEF&CC has issued Office Memorandum No.22-21/2020-IA.III [E 138949] dated 28.01.2022 and Notification bearing No. S.O. 637 (E) dated 28.02.2014.
35. It is also submitted by Mr. Surendra Kumar, learned Counsel for the Jharkhand State Pollution Control Board, that a direction may be issued by this Tribunal to SEIAA, Jharkhand, to take appropriate action against the defaulting Project Proponents and to take steps for computation and recovery of Environmental Compensation against such defaulting Project Proponents in pursuance of MoEF&CC Notification dated 28.02.2014.
36. Reference at the stage may be made to the MoEF&CC Notification No. S.O. 637 (E) dated 28.02.2014 which reads as under: -
"MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi, the 28th February, 2014 29 S.O. 637 (E).- In exercise of the powers conferred by section 23 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby delegates the powers vested in it under section 5 of the said Act to all the State and Union Territory Environment Impact Assessment Authorities (Hereinafter referred to as the said Authorities) constituted by the Central Government under sub-section (3) of section 3 of Environment (Protection) Act, 1986, to issue show cause notice to project proponents in case of violation of the conditions of the environmental clearances issued by the said Authorities to projects or activities within their jurisdiction and to issue directions to the said project proponents for keeping such environment clearances in abeyance or withdrawing them, if required, for violations, subject to the condition that the Central Government may revoke such delegations of powers or may itself invoke the provisions of section 5 of the said Act, if in the opinion of the Central Government such a Course of action is necessary in the public interest.
[No.J-11013/2/2013-IA.(I)] AJAY TYAGI, Jt. Secy.
37. The aforesaid notification clearly provides that powers have been conferred by the Central Government on State and Union Territory Environment Assessment Authorities to issue show cause notice to project proponents in case of violation of the conditions of the Environmental Clearances issued by the said Authorities to projects or activities within their jurisdiction and to issue directions to the said project proponents for keeping such Environmental Clearances in abeyance or withdrawing them, if required, for violations.
38. We are, therefore, of the view that in view of the MoEF&CC Notification dated 28.02.2014, it is for the SEIAA, Jharkhand, to issue appropriate notices to all the Project Proponents who are in violation of Environmental Clearances or who are not in possession of Environmental Clearances and to take steps for determination and recovery of Environmental Compensation from such Project Proponents.
30
39. The aforesaid Execution Application is, therefore, disposed of with a direction to Respondent No.3, State Level Environment Impact Assessment Authority (SEIAA), Jharkhand, to go through all the affidavits on record and the material provided therein by the various-Authorities, wherein name of Project Proponents have been given and to examine the case of each and every Project Proponent who either has or does not have Environmental Clearance as required by law or is in violation of conditions given in such Environmental Clearances and shall, after issuing due notice to the Project Proponents, proceed to determine the case of each of the Project Proponents, strictly in the light of the directions given in the MoEF&CC Notification dated 28.02.2014. In case violation of environmental norms or in case Project Proponents are not in possession of Environmental Clearance or are in violation of the conditions laid down in the Environmental Clearances, the SEIAA, Jharkhand, shall determine Environmental Compensation against each such defaulting Project Proponent after giving due notice and opportunity of hearing and thereafter, proceed to take steps for recovery of Environmental Compensation.
40. With the aforesaid directions, the Execution Application No.01/2021/EZ is disposed of.
41. Interlocutory Applications, if any, stand disposed of accordingly.
42. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ....................................... Prof. A. Senthil Vel, EM March 15, 2023 Execution Application No.01/2021/EZ In Original Application No.45/2019/EZ MN 31