National Green Tribunal
Tanaji Balasaheb Gambhire vs Union Of India on 19 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Appeal No. 116/2017(WZ)
M.A. No. 22/2018
Tanaji Gambhire Appellant
Versus
Union of India through its Secy., MoEF & Ors. Respondent(s)
Date of hearing: 19.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Appellant: Mr. Nitin Lonkar, Advocate
Respondent: Ms. Mansi Joshi, Advocate for R-6
Mr. Saket Mone, Advocate for R-9 & 10
Mr. Sameer Khale for PMRDA
ORDER
1. This Appeal has been preferred against Environmental Clearance (EC) dated 24.11.2017 granted by MoEF&CC in respect of "Ganga Legend"
housing project at S. No. 305/2, 305/3, 305/4(P), 305/5, 305/6, 306/1, 306/2, 306/3(P), 339/1/1(P), 339/1/2, 339/1/3(P), 339/2, 339/3(P), 339/4/1(P), 339/4/2, 339/5, 339/6/1, 339/6/2, 339/6/3, 339/7, 339/8, 339/9/1(P), 339/10, 339/11/2, 339/12(P), 339/13A, 339/13B, at Taluka Mulshi, Pune, Maharashtra by M/s Goel Ganga (I) Pvt. Ltd. (PP) 1
2. Earlier EC was granted by SEIAA, Maharashtra to the PP on 29.09.2014. Thereafter, there was a proposal for expansion of existing 954 tenements to 2476 tenements. The plot area was increased from 116764.27 sq. mtrs. to 326948.56 sq. mtrs.
3. According to the appellant, the impugned EC is vitiated on account of adverse impact from the water bodies - Ram river and Pashan Lake.
Further, the PP obtained EC by suppressing facts and making misleading statements. There are violations of EC conditions in execution of the project. O.A. No. 39/2015, Indu Gupta & Ors. Vs. Goel Ganga Group & Ors.
was already pending on the issue of illegal construction in Ram river.
4. The application was admitted on 02.01.2018. Notice was issued to the PP, MoEF&CC and State PCB. Reply has been filed by the PP and the State PCB.
5. Stand of PP is that due procedure has been followed in appraisal of the project for grant of EC. All EC conditions have been duly followed.
Reference has been made to the Minutes of the EAC. It is further stated that report was submitted by the Regional Office of MoEF&CC on relevant issues such as:-
"
Provisions for sewage facility and disposal facility. Provisions for water requirements for Construction purposes as also for the construction workers.
Review of the construction carried out at site. Compliance with ambient air, water, noise, soil standards as per law as also ground water levels.
Checking the stacking of top soil excavated at site during the course of construction and disposal of the excavated soil within the plot area.
Inspection of documents required as per the EC dated 29th September, 2014 including NA permission obtained by present Respondent, previous 6 monthly compliance copy; etc and appraisal of the same.
Actual construction area as per the EC dated 29th September 2014.
2 Facilities for the laborers."
6. The matter was considered in the 18th Meeting of the EAC on 25- 27.05.2017. Detailed presentation was made by the PP. Clarifications were sought and given and thereafter in 21st Meeting between 21st to 24th August, 2017, matter was finalised.
7. Minutes of the Meeting dated 25-27.5.2017 are as follows:-
"18.5.9 Environmental Clearance for "Ganga Legend" residential development at Tal Mulshi, Dist. Pune, Maharashtra by M/s. Goel Ganga (I) Pvt Ltd-Environmental Clearance (IA/MH/NCP/61008/2016; F.No.21-81/2016-IA-III) The project proponent made a presentation and provided the following information to the Committee:-
(i) The project is for Expansion of residential project "Ganga legend" of the Plot bearing S.No.305/2, 305/3, 305/4(P),305/5,305/6,306/1,306/2, 306/3(P), 339/1/1(P).
339/1/2, 339/1/3(P), 339/2, 339/3(P), 339/4/1(P), 339/4/2, 339/5, 339/6/1, 339/6/2, 339/6/3, 339/7, 339/8, 339/9/1(P), 339/10, 339/11/2, 339/12(P), 339/13A, 339/13B at Tal. Mulshi, Dist. Pune, State-Maharashtra. The details of the project are:
No. Description Area (m2)
1 Total Plot Area 1,12,179.00
2 Ground Coverage Area 10,947.66
3 R.G. Area (on ground) 7940.88
4 Additional Open Space on Ground 45833.06
5 Proposed Built - up Area as per FSI 1,71,590.33
6 Proposed Built - up Area as per Non-FSI 1,55,358.23
Total Construction Built-up Area (FSI + Non
7 3,26,948.56
FSI)
(ii) Total fresh water requirement will be 1172 m3/day (Domestic
+ Swimming Pool Makeup).
(iii) During operational phase, total water demand of the project is expected to be 2039KLD and out of the total 1154 KLD will be met by Gram Panchayat Bavdhan for domestic use, 18 KLD by Potable water tankers and rest and the rest 867 KLD will be met by recycled water. Waste water generated (1560 KLD) uses will be treated in one STP of total 1570 KLD capacity. 867 KLD 3 of treated waste water will be recycled (557 for flushing, 310 for gardening). About 537 KLD will be disposed into Gram Panchayat sewer line.
(iv) About 5.5 TPD solid wastes will be generated in the project. The biodegradable waste 3.38 TPD) will be processed in OWC and the non- biodegradable waste generated (1.68TPD) will be handed over to PMC.
(v) Sewage generation will be total 1560 m3/day which will be treated in STP of capacity 1570 m3 (STP technology :-RMBR)
(vi) Municipal solid waste generated: Non-Biodegradable (Kg/day):- 1681, Biodegradable (Kg/day): -3890 and no STP sludge will be there.
(vii) Cost of the project is Rs.620 Crores.
(viii) Tor was recommended to the project by the Expert Appraisal Committee (Infra-2) in its meeting held on 23rd -25th January, 2017.
(ix) Benefits of the project: It will create job opportunity for support staff like Security, Maintenance, household workers etc.
(x) Employment potential: It will create job opportunity for support staff like Security, Maintenance, household workers etc. The Committee after detailed deliberation noted that this is an expansion project. The Project Proponent has submitted Certified Compliance Report issued by the MoEF&CC, Regional Office, Nagpur vide letter dated 20.03.2017. The certified compliance report indicates several areas of non compliance or partial compliance. Project Proponent submitted point wise clarification on non-compliances reported in the Regional Office Report. However, the Committee was not satisfied with the submission given by PP. The committee also noted that the traffic on the feeder roads is going to be impacted adversely.
The Committee asked following additional information from the Project Proponent:
(i) Latest status with regards to the points indicated as non complied, partially complied or assured to be complied in the certified compliance report.
(ii) Give a conformity status to conditions stipulated in Annexure XIV of the amended EIA Notification vide S.O. 3999 (E) dated 09.12.2016.
(iii) Details design of green belt to be provided.
(iv) Details on Dewatering proposed for basements or other utilities and the management plan.
4(v) Submit an assessment of the cumulative impact of all redevelopment and increased inhabitation being carried out or proposed to be carried out by the project or other agencies in the core area, shall be made for traffic densities and parking capabilities in a 05 kms radius from the site. A detailed traffic management and a traffic decongestion plan drawn up through an organisation of repute and specialising in Transport Planning shall be implemented to the satisfaction of the State Urban Development and Transport Departments and shall also include the consent of all the concerned implementing agencies. The project proponents will obtain a certificate from the Transport Department that the incremental traffic from the operation of the project will be within the carrying capacity of feeder roads.
(vi) Compliance report of ECBC norms.
The proposal was deferred till the desired information is submitted. The above information shall be provided with the uploading of minutes on the website."
8. Minutes of the Meeting dated 21-24.08.2017 are as follows:-
"Environmental Clearance for "Ganga Legend" residential development at Tal Mulshi, Dist. Pune, Maharashtra by M/s. Goel Ganga (I) Pvt Ltd -- Reconsideration for Environment Clearance WA/MH/NCP/61008/2016 ; 21-81/2016-IA-1H) The project proponent made a presentation and provided the following information to the Committee:-
(i) The project is located at 18°31'45.87"N latitude and 74°4528.99"E longitude
(ii) The project is of Expansion. The total plot area is 1,12,179.0 sqm. proposed 14 Residential buildings having B+B+P+23 floors and 2476 nos of flats and two no. of club house having 2B+G+2 and G+1 floors respectively. The details of the project are:
No. Description Area (sqm)
1 Total Plot Area 1,12,179.00
2 Ground Coverage Area 10,947.66
3 R.G. Area (on ground) 7940.88
4 Additional Open Space on Ground 45833.06
5 Proposed Built - up Area as per FSI 1,71,590.33
6 Proposed Built - up Area as per Non-FSI 1,55,358.23
Total Construction Built-up Area (FSI + Non
7 3,26,948.56
FSI)
5
(iii) During construction phase, total water requirement is expected
to be 53 KLD which will be met by tanker. During the construction phase Temporary sanitary toilets will be provided with septic tank and soak pits during peak labour force.
(iv) During operational phase, total water demand of the project is expected to be 2039 KLD and out of the total 1154 KLD for Domestic purpose will be met by Gram panchayat Bavdhan, 18 KLD for Swimming Pool will be met by potable quality water tankers and the rest 867 KLD will be met by recycled water.
Waste water generated (1560 KLD) uses will be treated in one STP of total 1570 KLD capacity. 867 KLD of treated waste water will be recycled (557 for flushing, 310 for gardening).About 537KLD will be disposed into gram panchayat drain.
(v) About 5.5 TPD solid wastes will be generated in the project.
The biodegradable waste (3.89 TPD) will be processed in OWC and the non- biodegradable waste generated (1.68TPD) will be handed over to PMC
(vi) The total power requirement during construction phase is about 100KW and will be met from Maharashtra State Electricity Distribution Company Limited (MSEDCL) and total power requirement during operation phase is 6016.00KW will be met by MSEDCL Supply.
(vii) Roof top rain water of buildings will be recharged through 16no. of recharge pit having size 1 mt. x 1 mt x 1.5mt for harvesting after filtration. RWH tank not planned.
(viii) Parking facility for (4262 Proposed) four wheelers and 2725 two wheelers is proposed to be provided against the requirement of (1814 nos.) cars and 2476 nos. two wheelers two wheeler respectively (according to local norms).
(ix) Proposed energy saving measures would save about 45.39 % of power.
(x) Not located within10 km of any Eco Sensitive areas.
(xi) There is no court case pending against the project.
(xii) Investment/Cost of the project is Rs. 620 Crore.
(xiii) Employment potential: It will create job opportunity for support staff like Security, Maintenance, household, workers, Shop keepers etc.
(xiv) Benefits of the project: Enhancement of the infrastructural facilities in the area. It will create job opportunity for support staff like Security, Maintenance, household workers etc. The proposal was earlier considered by the EAC in its 18th meeting held on 25-27 May, 2017, wherein some additional information was sought. Now, Project Proponent vide letter dated 19.07.2017 has submitted additional Information. Copy of additional Information is available on the website.
The EAC deliberated on the certified compliance report letter No. EC- 278/RON/2017-NGP dated 20.03.2017 issued by the MoEF&CC's 6 Regional Office (WCZ), Nagpur and reply given by the project proponent to non-compliance of EC conditions. The EAC, on being satisfied with the submissions of the project proponent, recommended the project for grant of environmental clearance and stipulated the following specific conditions along with other environmental conditions while considering for accord of environmental clearance:
The EAC deliberated on the information given by the project proponent and recommended the project for grant of environmental clearance and stipulated the following specific conditions along with other environmental conditions while considering for accord of environmental clearance:
SPECIFIC CONDITIONS:
I. Construction Phase (i) The project proponent shall obtain all necessary clearance/
permission from all relevant agencies including town planning authority before commencement of work. All the construction shall be done in accordance with the local building byelaws.
(ii) Sewage shall be treated in the STP with tertiary treatment i.e. Ultra Filtration. The treated effluent from STP shall be recycled/re-used for flushing, horticulture & DG cooling. Excess treated water will be discharged to Sewer.
(iii) The local bye-law provisions on rain water harvesting should be followed. If local byelaw provision is not available, adequate provision for storage and recharge should be followed as per the Ministry of Urban Development Model Building Byelaws, 2016. As proposed, 16 nos. of rain water harvesting pits shall be provided as per CGWB guidelines.
(iv) Separate wet and dry bins must be provided in each unit and at the ground level for facilitating segregation of waste. Solid waste shall be segregated into wet garbage and inert materials. Wet garbage shall be composted in Organic Waste Converter. Adequate space shall be provided for solid waste management within the premises which will include area for segregation, composting. The inert waste from group housing project will be sent to dumping site.
(v) An assessment of the cumulative impact of all activities being carried out or proposed to be carried out by the project, shall be made for traffic densities and parking capabilities in a 05 kms radius from the site. A detailed traffic management and a traffic decongestion plan drawn up through an organisation of repute and specialising in Transport Planning shall be implemented to the satisfaction of the State Urban Development and Transport Departments shall also include the consent of all the concerned implementing agencies.
(vi) Project Proponent should comply with conditions stipulated at Appendix - XIV of the amended EIA Notification vide S.O. 3999(E) dated 09.12.2016.
II. Operational Phase 7
(i) Fresh water requirement shall not exceed 1154 KLD for Domestic purpose met by Gram Panchayat Bavdhan and 18 KLD for Swimming Pool by potable quality water tankers.
(ii) A minimum of 1 tree for every 80 sqm of land should be planted and maintained. The existing trees will be counted for this purpose. Preference should be given to planting native species. Where the trees need to be cut, compensatory plantation in the ratio of 1:3 (i.e. planting of 3 trees for every 1 tree that is cut) shall be done and maintained. As proposed 10040.69 sqm area shall be provided for green belt development.
(iii) An environmental management plan (EMP) shall be prepared and implemented to ensure compliance with the environmental conditions specified above. A dedicated Environment Monitoring Cell with defined functions and responsibility shall be put in place to implement the EMP. The environmental cell shall ensure that the environment infrastructure like Sewage Treatment Plant, Landscaping, Rain Water Harvesting, Energy efficiency and conservation, water efficiency and conservation, solid waste management, renewable energy etc. are kept operational and meet the required standards. The environmental cell shall also keep the record of environment monitoring and those related to the environment infrastructure.
(iv) The company shall draw up and implement a corporate social Responsibility plan as per the Company's Act of 2013."
9. The stand of State PCB is that Consent to Establish for the project was granted on 11.02.2016 for BUA 116,764.27 sqm for five years. After impugned EC was granted for expansion of the project, the State PCB noticed non-compliances on 10.02.2018 and issued warning notice on 16.04.2018 requiring submission of pointwise compliance report. This was followed by show cause notice dated 02.11.2018 and proposing directions under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 on 23.01.2019. Directions inter-alia included requirement to have the consent to establish amended, making provision for STP for commercial building, providing information about steps taken for compliance of EC conditions. Visit report dated 10.02.2018 inter-alia pointed out that the project has been completed without amendment of the CTE, after obtaining EC for expansion.
810. The PP has filed Additional Affidavit on 16.09.2022 mentioning developments after filing of affidavit dated 16.01.2018. It is stated that amended Consent to Establish has since been obtained from the State PCB for the expanded project on 06.01.2021. Part Consent to Operate for the said project was also granted on the same date. The PP applied for re-
validation of the consent on 31.12.2021 which has been granted on 01.08.2022 for re-validation. All EC conditions have been duly complied and six monthly report submitted. O.A. No. 39/2015 raising the issue of construction within the Blue Flood Line stand dismissed on 05.07.2022, on consideration of the joint Committee report dated 01.04.2016.
Requisite Sewage Treatment Plant (STP) and Organic Waste Composter (OWC) have been installed. Project has been completed to the extent of 38.17 %. The PP has applied for EC for further expansion on 07.04.2022 for which ToRs have been issued. A copy of the compliance report for the period from January, 2022 to June, 2022 has been filed.
11. We have heard learned Counsel for the parties.
12. Question for consideration is whether the impugned EC is liable to be interfered with for being in blue line of the river or non consideration of relevant parameters. Further question is whether there is violation of EC conditions.
13. On the issue of construction within blueline of the river, this Tribunal dealt with the matter vide order dated 05.07.2022 in O.A. No. 39/2015, Indu Gupta & Ors. Vs. Goel Ganga Group & Ors. as follows:-
"2. The application was filed on 06.04.2015 and came up for hearing on 20.04.2015 when the application was admitted and notice was issued to the respondents. The Tribunal appointed a joint Committee to ascertain facts with regard to illegal construction and 9 other damage to the river and the environment and also directed the PMC and PMRDA to ensure that no illegal construction is allowed on either side of the river bank. The Tribunal also directed that blue line may be demarcated by the Irrigation Department and dumping of debris may be prevented.
3. The matter has been dealt with by several orders from time to time in the light of pleadings of the parties and was last considered on 05.07.2018. The Tribunal noted that the Irrigation Department had already demarcated the red and blue lines and prepared survey map which has been handed over the PMC. The Tribunal accordingly directed PMC, PMRDA and Irrigation Department to take action and file action taken report. It was also directed that river be protected from any pollution.
4. In pursuance of the above, PMC has filed affidavit dated 12.07.2018 as follows:-
"2. According to directions given by this Hon'ble Tribunal this respondents has given a public notice in daily Sakal dated 28.01.2016 informing public at large that Survey/inspection of Ramnadi will be carried on between 01.02.2016 to 15.02.2016 and people can remain present at the time of said survey/inspection. Accordingly, the said survey was carried out by Executive Engineer, Pune Municipal Corporation, Executive Engineer, PMRDA, Engineer Irrigation Department and T.I.L.R. of Land Record Departments, in the presence of people who were present at that time. Such inspection was carried out by all technical correctness and authenticity as directed by this Hon'ble Tribunal.
3. Irrigation Department is supposed to mark blue line and red line on both sides of river and give a map to Pune Municipal Corporation. However, in the present case irrigation department has submitted/ gave the map of blue line and red line of Ramnadi in January 2016 to Pune Municipal Corporation.
4. The said area came within the jurisdiction of Pune Municipal Corporation in 1997. Before 1997 the sanctioning authority for construction was Collector, Pune. As Irrigation Department has not marked blue line and red line Pune Municipal Corporation has given permission for construction outside the green belt of the said river within the residential zone.
5. It is pertinent to note that, there is no construction in green belt and river bed of the said river. There is historical temple known as Someshwar Temple which is within the blue line of the river. There are some constructions within the blue and outside the river bed which are very old and they were in existence before the said area came within the jurisdiction on Pune Municipal Corporation. There is no construction made on the water body or river bed. The existing structures do not affect the water flow of Ramnadi. The existing structures are not encroaching the boundaries of the river.10
As regards discharge of domestic water and sewage in the Ramnadi is concerned. I say that the right bank of the Ramnadi is within the jurisdiction of Pune Municipal Corporation and Pune Municipal Corporation has laid down drainage line. The said drainage line is connected to Baner Sewage treatment plant. Hence there is no discharge of domestic water or sewage in Ramnadi from area of Pune Municipal Corporation."
5. None appears for the applicant. According to learned counsel for the PMC and the State PCB remedial action having been taken, no further grievance survives."
14. On the issue of compliances, Additional Affidavit filed by the PP on 16.09.2022 states that steps for compliances have been taken and reports filed with the State PCB. While the State PCB has not filed any further affidavit and as per earlier affidavit it stated that there were violations for which action was initiated, learned Counsel for the PP has filed a copy of letter dated 29.01.2019 written by it to the PCB in response to the letter of the State PCB dated 23.01.2019, alleging violations. In the said response, PP has contested the violations and claimed that all compliances have been done. Learned Counsel for the State PCB, after taking instructions, has not disputed the said stand.
15. In view of above, while we do not find any ground to interfere with the impugned EC or record non compliance with EC conditions on the basis of material on record, we direct the State PCB to verify this aspect and take such remedial action as may be found necessary. The State PCB may ensure compliance of directions under Section 31A of Air Act and 33A of the Water Act on the issue of disposal of treated sewage, compliant with the standards. Further, the State PCB may check up compliance about the source of water during construction of the project and also thereafter.
We note that the stand of the PP is that water is being arranged from the tankers but legitimacy of source of the tankers supplying such water is 11 not known. State PCB may verify the same. Action taken in this regard may be placed on the website of the State PCB within two months. The MoEF&CC may also take into account compliance status by the PP while considering the application for further expansion.
16. The appeal is disposed of accordingly. However, if any further grievance survives, it will be open to aggrieved parties to take remedy in accordance with law.
M.A. No. 22/2018 will also stand disposed of accordingly.
A copy of this order be forwarded to MoEF&CC and State PCB for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dinesh Kumar Singh, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM September 19, 2022 Appeal No. 116/2017(WZ) M.A. No. 22/2018 SN 12