National Green Tribunal
R. K. Singh S/O Late Shri Nityanand Singh vs Union Of India Through Secretary ... on 27 April, 2022
Item No. 04 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Execution Application No.01/2021/EZ
In
Original Application No.45/2019/EZ
R.K. Singh Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 27.04.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Saurabh Sharma, Advocate
For Respondent(s) : Ms. Aishwarya Rajyashree, Advocate for R-2, 4 & 5,
Mr. Ashok Prasad, Advocate for R-3,
Mr. Surendra Kumar, Advocate for R-6
ORDER
1. Mr. Saurabh Sharma, learned Counsel for the Applicant, is appearing in virtual court proceedings.
2. Ms. Aishwarya Rajyashree, learned Counsel for Respondent Nos.2, 4 & 5, is appearing in virtual court proceedings.
3. Mr. Ashok Prasad, learned Counsel for Respondent No.3, Mr. Surendra Kumar, learned Counsel for Respondent No.6, are physically present in court.
4. One affidavit dated 26.04.2022 has been filed by Respondent No.6, Jharkhand State Pollution Control Board; the same is taken on record.
5. Along with the affidavit of the Respondent No.6, 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 1 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 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 2 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.
6. 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.
7. 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 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 06/04/2022.3
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 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 4 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.
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 5 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 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.6
8. 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.
9. Ms. Aishwarya Rajyashree, learned Counsel for State Respondents prays for and is granted two weeks time for filing affidavit of compliance and providing necessary information to the Jharkhand State Pollution Control Board and also disclosing the same in the affidavit.
10. List on 26.05.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM April 27, 2022, Execution Application No.01/2021/EZ In Original Application No.45/2019/EZ MN 7