National Green Tribunal
Nishant Bhargav vs State Of Uttar Pradesh on 10 March, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 771/2022
(By Hybrid Mode)
(With report dated 10.02.2023)
Nishant Bhargav Applicant
Versus
State of Uttar Pradesh Respondent
Date of hearing: 10.03.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Shrawan Chandrashekhar, Advocate
Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. Grievance in this application is against violation of environmental norms by M/s Jaypee Infratech Limited at Noida in the course of construction of a housing/colony project. Violations comprise of overflowing sewer from manholes and discharge thereof in rain water drains and also air pollution.
2. Vide order dated 04.01.2023, the Tribunal sought a factual report from joint Committee of State PCB and District Magistrate, Gautam Budh Nagar.
3. Accordingly, report dated 10.02.2023 has been filed by the Committee to the effect that Project is a City Development project in which 1 Residential Building (Multistory & Independent Houses), Commercial Building, Schools & Hospitals are proposed. The Land of the Project is allotted by NOIDA Authority as Sectors 128, 129, 131, 133, 134 in Noida.
EC for the project was granted on 30.06.2020. CTE has been granted by the State PCB. The approved built-up area of the project is 1,28,97,074 square meters. Project is now being operated by IRP, Mr. Anuj Jain, Chartered Accountant appointed by the NCLT under Bankruptcy and Insolvency Code. The status of the project is as follows:-
"Kensington Park-1, Phase-1 of Sector-133- This is to mention that as per the information provided by RWA in Phase Kensington Park-1, 19 Residential Towers are under construction and 811 Residential Plots are allotted in which 700 houses were complete and approx. 200 houses are occupied. However, a letter is sent to Noida Authority by UPPCB to obtain information regarding the project, copy of the letter is annexed as Annexure-4.
2.3 Observation during Inspection-
The inspection by joint Committee was held on 03.02.2023. At the time of inspection Mr. R.M. Nadeem (AGM) and representative of maintenance agency Mr. A.K. Singh were present as representative of the Project.
The complainant was requested to present during the inspection of the Committee and the complainant Mr. Nishant Bhargav with two other residents of the Project was present during the inspection. The Project Kensington Park-1 was inspected and observed including G, H, J, K, L, M & 0-blocks of the project. Detailed observations are mentioned as below:
1. The above said project is an under construction residential complex, which is partially operational.
2. During inspection, project was found under construction regards to residential tower. Civil and structural work of multistoried residential towers is completed and plaster and finish work is going on. It was observed that project proponent has not maintained arrangements to control dust on the construction site as per rules. At site proper water sprinkling, net covering, physical barricading of the area and other dust mitigation measures were not taken in to account.
In view of above shortcomings, imposition of Environmental Compensation of Rs. 5,00,000/- (Rs. Five Lakh only) against project proponent as per directions of Hon'ble NGT in O.A. no.
221/2014 Verdhman Kaushik Vs UOI & Ors., is under process and a show cause notice has been issued to the Project proponent by UPPCB vide letter dated 09.02.2023. The copy of the same is annexed as Annexure-5.
3. Sewage treatment plant of Sector-133 for treatment of domestic effluent generated from residential project was found under construction. Civil work of the STP was found under process and approximate 50% of the civil work is completed by the Project proponent. The project proponent informed that it will take around more than 06 months to complete the installation and operation of the STP.
In relation to the above, it was informed by the project representative that till the completion and operation of sector- 133 sewage treatment plant, as an alternative arrangement, sewage generated from the project is being disposed through tankers and established/operated Sector-128 STP of Jaypee Wish Town.
During the inspection, the evidence of the said was sought by the committee as any record of vehicle movement, CCTV Footage of collection and disposal of sewerage, permission from Noida Authority regarding transportation of sewerage, registration no. and details of tanker used, capacity of each tanker, logbook regarding entry and exit of vehicle but project proponent has not presented any evidences for the same till date.
It was informed by the complainant and project residents present during the inspection that due to lack of proper disposal of domestic effluent generated from their houses, the generated effluent overflows through the manholes, causing inconvenience. During inspection, manholes of the Project were observed but overflow was not there at the time of inspection but to mention that as there is no suitable network for disposal of generated sewerage it may cause overflow from the manholes.
Occupancy was allowed in the Project (Year-2015, as informed by residents) before completion of the statutory and directed environmental infrastructure for treatment of domestic sewerage generated from the Project, it is clear violation of provisions of the Water Act as applicable. Regarding this violation, Environmental Compensation is assessed as per the guidelines and direction of Central Pollution Control Board, Delhi.
Show cause notice is issued to the Project Proponent for imposition of Environmental Compensation of Rs. 5,47,80,000/- (Rs. Five Crore Forty Seven Lakh Eighty Thousands only) by UPPCB vide letter dated 09.02.2023. The copy of the same is annexed as Annexure-6.
It is clear from the above facts that the project developer/IRP has not addressed the issue of public nuisance. Section-133 of Criminal Procedure Code (CrPC) authorizes the District Magistrate to exercise the power of the said section and direct 3 the project developer/IRP accordingly. District, Gautam Buddha Nagar has been declared Police Commissionerate in January-2020 and power District Magistrate Under Criminal Procedure Code (CrPC) has been transferred to Police Commissioner in Gautam Buddha Nagar. Therefore the Police commissioner be requested to direct Deputy Commissioner of Police, Noida to register case under section-133 of Criminal Procedure Code (CrPC) and issue legal mandate to the project developer/ appointed IRP to ensure public nuisance is removed and norms are adhered with.
It may also be requested to Chief Executive Officer, New Okhla Industrial Development Authority (NOIDA) to direct the project developer/appointed IRP to ensure treatment facilities and other relevant public convenience facilities are developed immediately in the project."
4. From the above it is seen that there are serious violations of EC conditions resulting in water and air pollution. Let proposed action be taken as per law subject to objections before this Tribunal by any aggrieved party and State PCB may put PP to notice of these proceedings to enable the PP to file its response, if any, within one month from today which may be filed by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
List for further consideration on 17.05.2023.
A copy of this order be forwarded to State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM March 10, 2023 Original Application No. 771/2022 SN 4