National Green Tribunal
Dr Pawan Kumar Bantadr Pawan Kumar Banta vs Union Of India Through Its Secretary ... on 14 September, 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)
M.A. No. 57/2022
IN
Original Application No. 55/2020
Dr. Pawan Kumar Banta Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 14.09.2022
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. Adarsh K. Vashista, Advocate for Applicant in M.A 57/2022
ORDER
1. This application in substance seeks enforcement of order of this Tribunal dated 07.10.2020 whereby the Tribunal considered the issue of unauthorised and illegal development and construction of eleven storeyed hotel/apartments on the agricultural land measuring 03-17-68 hectares at Up Mohal Kiari/Rirka, Tehsil Shimla (R), District Shimla, Himachal Pradesh, within the Municipal limits of Shimla, in violation of the order of this Tribunal dated 16.11.2017 in O.A No. 121/2014, Yogendra Mohan Sengupa and Ors. v. Union of India & Ors.
2. The matter was earlier considered on 12.05.2020 in the light of report dated 01.04.2020 filed by the SEIAA, H.P., on behalf of the joint Committee of MC, Shimla, PCB and DTCP as follows:- 1
"8. As per records available in this office the than project proponent applied to this office for grant of Environment Clearance on dated 21.04.2015 The Environment Clearance was granted to Sh. Sunil Kumar Sood, M/s Homeland Exotica-mixed land use construction project, 143, Sector-7, Panchkula, Haryana-134 109 vide this office letter no. HP SEIAA/2015/360-M/s Homeland Exotica-mixed land use construction project dated 01.04.2016. The project proponent Sh. Sunil Kumar Sood, M/s Homeland Exotica also applied for change of name from M/s Homeland Exotica mixed land use construction project to Nirvana Woods on dated 20.04.2016, the same was approved by SEIAA in its 27th meeting held on 10-06-2016 but letter of change in name was pending in want of information sought from the pp and now on dated 14.03.2020 Sh. Sunil Kumar Sood has requested for surrendering and cancellation of Environment Clearance in favour of M/s Homeland Exotica-mixed land use construction project (sole proprietor Sunil Kumar Sood) on land measuring 46599 square meter. On the other hand the owner of Nirvana Wood & Hotels (P) ltd. has applied for afresh EC for reduced area from 46599 sq. mtrs to 31768 sq. Meters for built up area 55565 sq. mtrs. The observations are as below:-
i. The letter of Environmental Clearance has not been transferred in the name of M/s. Nirvana Wood as yet and is pending in want of necessary documents required for transferring the EC as per provision at Sr. No. 11 of Environment Impact Assessment Notification.
ii. As per this office record, the project proponent has not submitted the six monthly compliance reports as per requirement. iii. During the site visit it was observed that the construction work was being carried out on site without transfer of Environment Clearance.
iii. Very limited plantation work has been done by the project proponent. v. The logistic arrangements for labourer were also not found adequate on site.
9. On the basis of site inspection and observation made, a notice under Environment Impact Assessment Notification, 2006 under Environment (Protection) Act, 1986 has been issued to the project proponent on dated 20-03-2020 for non-compliance of terms and conditions of Environmental Clearance copy attached as Annexure-E."
3. The Tribunal observed:-
"3. It is patent from the above that the project proponent does not have Environmental Clearance (EC), apart from other violations. There is nothing to show compliance of requirement of Air and Water Acts. In view of this position, the Director, Town and 2 Country Planning, H.P, Commissioner, Municipal Corporation, Shimla, SEIAA, Himachal Pradesh and the State PCB may ensure that the project does not proceed further in violation of law. Action may also be taken for prosecution and assessment and recovery of environmental compensation, following due process of law. Further report in the matter be filed on or before on 31.08.2020 by email at [email protected]."
4. The matter was thereafter dealt with on 07.10.2020 as follows:-
"4. In pursuance of the above, the SEIAA, H.P has filed an action taken report dated 29.08.2020 mentioning the action taken by the State PCB the SEIAA, H.P., and the Municipal Corporation. The State PCB disconnected the water and electricity and imposed compensation on the ground that requisite consents had expired and had not been renewed. The action of the State PCB is under challenge before the High Court by the project proponent by way of CWP No. 2428/2020, Nirvana Woods & Hotels Pvt. Ltd. v. H.P. The SEIAA has issued notice as its stand is that there is non-compliance of the EC conditions. MC Shimla has also issued notice to the project proponent alleging violations.
5. We have heard the learned counsel for the appearing parties.
6. The question whether constructions are illegal and in violation of order of this Tribunal dated 16.11.2017 or otherwise is being looked into by the statutory authorities. The construction is lying stopped and electricity and water have been disconnected for want of statutory clearance from the State PCB. Notice of violation have also been issued by the SEIAA and the Municipal Corporation. Instead of pre- empting the said proceedings, it will be appropriate that the matter is first determined by the said statutory authorities.
7. Accordingly, we direct the SEIAA, H.P, State PCB, DTP and Municipal Corporation, Shimla to finalize the pending proceedings by passing a clear order within three months. As regards the State PCB, it is stated that the State PCB has already finally decided that the requisites consents under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 cannot be renewed and the matter is now pending in the High Court.
8. In view of the above, the application is disposed of with liberty to the aggrieved party to take their remedies against the decision which may be passed in the pending proceedings, noted above.
5. Learned Counsel for the applicant submits that in violation of orders of this Tribunal, the construction is continuing though it was stated before the Tribunal that the construction had stopped. Debris is being dumped 3 into the drain. On the other hand, the authorities are not finalizing the pending proceedings as per directions of the Tribunal.
6. Having regard to the nature of order proposed, it does not appear necessary to issue notice.
7. Having regard to averments in the application, we direct SEIAA, H.P, State PCB, DCTP and Municipal Corporation, Shimla to look into the matter, verify facts and take remedial action as per law. Since a writ petition is also pending in the High Court, it is open to the applicant to move the High Court in the said pending proceedings, in accordance with law.
The application is disposed of.
A copy of this order be forwarded to SEIAA, H.P, State PCB, DCTP and Municipal Corporation, Shimla by e-mail for compliance.
If any party is aggrieved by above direction, it will be free to move this Tribunal.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM September 14, 2022 M.A. No. 57/2022 In Original Application No. 55/2020 SN 4