Jagan Kumar J vs The Addl Chief Secretary Department Of ... on 28 February, 2024

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National Green Tribunal

Jagan Kumar J vs The Addl Chief Secretary Department Of ... on 28 February, 2024

Bench: K. Satyagopal

Item No.04:-
               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI


                           (Through Video Conference)


                    Original Application No. 02 of 2023(SZ)


IN THE MATTER OF:

Jagan Kumar.J,
Bengaluru.
                                                                  ...Applicant(s)
                                    Versus

The Addl. Chief Secretary,
Govt of Karnataka,
Dept. of Forest, Ecology & Environmental Science,
Bengaluru and Ors.
                                                              ...Respondent(s)

Date of hearing: 28.02.2024.


CORAM:

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER


For Applicant(s):         None.


For Respondent(s):       Mr. Rajat Jonathan Shaw represented
                         Mr. Darpan K.M. for R1.
                         Mr. H.K. Vasanth for R2.
                         Dr. D. Shanmuganathan represented
                         Mr. R. Thirunavukarasu for R3.
                         Mr. Mohammed Salihu represented
                         Mr. M.R. Gokul Krishnan for R4.
                         Mr. G.M. Syed Nurullah Sheriff for R6.
                                   Page 1 of 4
                             ORDER

1. Today, there is no representation for the applicant.

2. The report of the MoEF&CC (Respondent No.6) is filed.

3. This is the matter which highlights the issue of restricting the use of glass facades in high-rise buildings and states that only 40% of the exposed area is to have glass facades and if it exceeds 40%, it is illegal.

4. The applicant had placed his reliance on one of the Environmental Clearances issued on 23.03.2019 by the SEIAA - Karnataka, wherein such restriction was imposed as a condition.

5. On further investigation and the annexure to the report filed by the MoEF&CC, we find out that the clarification regarding the Gazette Notification S.O. No. 3252 dated 22.12.2014 was issued, in which, while dealing with „Energy‟ in Clause 70, it is stated as follows:-

"70. Use of glass be reduced by up to 40% to reduce the electricity consumption and load on air-conditioning. If necessary, use high quality double glass with special reflective coating in windows."

6. Additionally, the CPCB has also filed their reply statement and annexed the Environmental Guidelines for Buildings with specific reference to the EIA Notification, 2006 Item 8A of the schedule.

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7. At a glance of the same, we could find that under the chapter „Energy Efficiency in Buildings‟, Clause C - Energy Efficient Lighting says lighting system should comply with the Energy Conservation Building Code (ECBC), 2007 of the Bureau of Energy Efficiency, Government of India. The said ECBC, 2007 is applicable to interior spaces of buildings, exterior building features, including facades, illuminated roofs, etc. except emergency lighting and lighting in dwelling units.

8. Let the ECBC, 2007 be produced by the authorities with specific reference to the point involved in this application. Therefore, we direct the CPCB to produce the Energy Conservation Building Code (ECBC), 2007 of the Bureau of Energy Efficiency, Government of India.

9. Let the MoEF&CC also file an additional report as to whether this code is being followed while granting Environmental Clearances to avoid any illegal construction and illegal usage of glass facades, and whether the clarification issued to S.O. No. 3252 dated 22.12.2014 as adverted to the ECBC, 2007 is being followed by the Expert Appraisal Committee of the MoEF&CC and SEIAA.

10. It is high time that the authorities viz., MoEF&CC, SEIAA and CPCB in coordination formulate a rule regarding the glass facades and make it available in the public domain, in case the guidelines stated supra are not being followed.

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11. The report of the MoEF&CC does not even mention about the specific provision except attaching the O.M. for our reference.

12. Let the learned counsel appearing for the authorities come prepared for the next hearing.

13. It is to be noted that the applicant Mr. Jagan Kumar not been attending any of these hearings. Though he has been bringing up several of the public causes, he also owes the duty to represent before this forum. We have been dealing with this issue with absolutely nil assistance from the applicant. If he does not show up for the next hearing, the Original Application may be converted as Suo Motu by discharging the applicant from this proceeding.

14. Post the matter on 04.04.2024.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No. 02/2023(SZ) 28th February, 2024. AD.

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