National Green Tribunal
Omaxe Buildhome Ltd vs Punjab Pollution Control Board on 4 December, 2025
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Appeal No. 72/2025
(I.A. No. 779/2025 & I.A. No. 780/2025)
M/s Omaxe Buildhome Limited Appellant
Versus
Punjab Pollution Control Board Respondent
Date of hearing: 04.12.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Appellant: Mr. Karanjot Singh Mainee, Ms. Manya Kaushik & Ms. Aditi Gupta,
Advocates
ORDER
1. By this Appeal filed under section 16 (C) of the National Green Tribunal Act, 2010 (NGT Act, 2010) read with section 33B (C) of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act, 1974), appellant has challenged the order dated 25.04.2025 passed by the Punjab Pollution Control Board (PPCB) issuing following directions under section 33 - A of the Water Act, 1974: -
"1. Directions u/s 33-A of Water Act, 1974 be issued to the followings;
(a) The project promoter shall not sell any vacant residential / commercial / any other category plot or allow construction on any plot allocated for construction in land area 13.072 acres (for which expansion undertaken by the project proponent without prior permission of the Board) and shall not get released any electric power connection from PSPCL or newly constructed residential / commercial / any other category, where no occupancy has been given.
(b) The PSPCL authorities to not to release any new electric power connection to any house /commercial shop / building already constructed or being constructed within the land area of 13.072 acres (for which expansion undertaken by the project proponent without prior permission of the Board) of the project, without no objection certificate and/or valid consent to operate under the provisions of Water Act, 1974 of PPCB.
(c) The Bathinda Development Authority, Bathinda shall cancel the license to the project promoter for development of residential colony in land area 13.072 acres (for which expansion undertaken by the project proponent without prior permission of the Board) of the colony.1
(d) That the Sub Registrar-cum-Tehsildar, Bathinda shall not register any sale deed pertaining to the residential colony in land area 13.072 acres (for which expansion undertaken by the project proponent without prior permission of the Board).
2. The project proponent shall deposit environmental compensation amounting io Rs. 25.0 lacs as interim Environmental Compensation, within 7 working days with the Regional Office, Bathinda of the Board for failure to obtain consents to operate of the Board under Water Act, 1974 and Air Act, 1981 and due to expansion carried out in land area of 13.072 acres for which expansion undertaken by the project proponent without prior permission of the Board.
3. The Bathinda Development Authority (BDA), Bathinda be directed to take action against the project proponent colonizer regarding illegal encroachment/ construction carried out in the residential colony as per their respective law / rules.
4. The project proponent shall submit revised approved layout plan from Bathinda Development Authority (BDA), Bathinda mentioning the revised green belt new construction activity, if any, within 15 days.
5. The project proponent shall apply for obtaining consent to operate of the Board under Water Act, 1974 for existing land area (for which NOC has been obtained from the Board) i.e. 71.81 acres, on immediate basis.
6. Environmental Engineer, Regional office, Bathinda shall visit the colony, collect the effluent samples, verify the submission of the representative of the colony and process the applications to be applied under Water Act, 1974 & Air Act, 1981, on merits."
2. By this appeal, appellant has also challenged another order dated 18.09.2025 passed by the PPCB having following decisions/directions: -
"1. The project proponent shall deposit environmental compensation amounting to Rs. 25.0 lacs as interim Environmental Compensation, within 7 working days with the Regional Office, Bathinda as earlier decided during personal hearing dated 25.04.2025.
2. The Regional Office, Bathinda shall calculate the Environmental Compensation from date of violation to 10.09.2025 and after approval of Competent Authority shall send to the EC verification committee for further action in the matter.
3. The Board through its Head Quarter shall take legal opinion regarding applicability of EIA Notification dated 14.09.2006 & its subsequent amendments for existing project (71.82 Acre) so as to process and decide the consent to operate applications of the project."
3. The appeal against the order dated 25.04.2025 has been filed beyond the condonable period of 60 days as provided in proviso to Section 16 of the NGT Act, 2010. Learned counsel for the appellant has submitted that against the order dated 25.04.2025 an appeal was filed before the appellate authority on 27.05.2025 and the said appeal was decided on 09.06.2025 2 and certified copy was supplied on 11.07.2025, therefore, the period during which the appellant was prosecuting the appeal before the appellate authority which was not maintainable needs to be excluded under section 14 of The Limitation Act, 1963.
4. Learned counsel for the appellant seeks time to place on record a copy of memo of appeal and also advance argument on the above submission.
5. List on 23.12.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM December 4, 2025 Appeal No. 72/2025 (I.A. No. 779/2025 & I.A. No. 780/2025) AS 3