National Green Tribunal
Rg Residency Apartment Owners ... vs State Of Uttar Pradesh on 21 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 193/2021
(I.A. No. 171/2021)
RG Residency Apartment Owner
Association Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 21.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Ravi Prakash, Advocate
Respondent(s): Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Rachit Mittal, Advocate for NOIDA Authority
ORDER
1. Grievance in this application is against non-functioning of sewage treatment system at Group Housing complex, R.G. Residency, Sector 120, Noida resulting in untreated sewage being discharged unscientifically to the detriment of the environment.
2. Case of the applicant is that in the said group housing complex, there are 1540 dwelling units. The Noida Authority granted occupancy certificate for the same on 09.09.2015. The Project Proponent (PP) has failed to comply with the environmental norms. The Noida Authority, found several deficiencies and issued direction on 18.10.2019 requiring the PP to take necessary measures for waste management, green areas 1 management, maintenance of underground water tank manholes, exit gates, providing swimming pool, gym, Club House, etc., making STP functional, making fire control system functional, preventing flooding, stopping seepage at expansion joint in basement, maintaining the lifts and electricity towers. The said directions have not been still complied with in spite of applicant writing several letters.
3. Vide order dated 06.08.2021, the Tribunal directed a joint Committee of State PCB, SEIAA, UP and CEO NOIDA to look into the matter consistent with the directions already issued and as per legal mandate and take remedial measures in accordance with law to prevent violation of environmental norms as well as fixing accountability for past violations. Member Secretary, SEIAA, UP was to act as nodal agency for coordination and compliance. The said authorities were to ascertain whether requisite EC/consents have been granted and whether conditions thereof are being met. In particular, functioning of STP, meeting of standards and utilisation of treated sewage and manner of disposal of treated effluents and solid waste was to be looked into.
4. Accordingly, the joint Committee has filed its report on 26.11.2021 to the effect that after inspection conducted on 27.09.2021, the Committee found that STP was not operational and untreated sewage was being discharge into the sewage network of the Authority, leading to the terminal STP based on SBR technology at Sector 123, NOIDA. In view of non-compliance with regards to operation of sewage treatment plant and occupancy of flats without obtaining requisite Consent to Operate from Board, environmental compensation of Rs. 91,40,000/- has been recommended against the project. Also, it is recommended to register prosecution against the Directors of M/s R.G Residency Pvt. Limited 2 under the provisions of Water (Prevention & Control of Pollution) Act, 1974. A separate report has been filed by the NOIDA Authority on 20.12.2021 which is reproduced below:-
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3. That in compliance of the order dated 06.08.2021, a report was duly filed by NOIDA Authority on 22.11.2021 in O.A. No. 1002 of 2018 with regard to the STP (Sewage Treatment Plant). It is not out of place to mention here that the said report included the project in question in the present application.
4. That with regard to the second grievance of the Applicant i.e illegal conversion of the Green area of the society into illegal concrete open car parking, following actions have been taken by the NOIDA Authority: -
A Letter dated 18.10.2021 was issued by Planning Department of Noida Authority to M/s. R G Residency Pvt. Ltd. for removing the irregularities at the project site. A true copy of the letter dated 18.10.2021 was issued by Planning Department of Noida Authority to M/s. R G Residency Pvt. Ltd. has been annexed herewith as ANNEXURE -1. That pursuant thereto, the sales office and two unsold flats of the project in question have been sealed for STP Violation and Building bye-laws violations.
On 20.12.2021, the map which was sanctioned with purchasable FAR (Floor Area Ratio) was cancelled due to these violations. A true copy of the letter dated 20.12.2021 issued by the Planning Department Noida to M/s. R G Residency Pvt. Ltd. is annexed and marked as ANNEXURE -2. On 20.12.2021, the Planning Department has issued a letter to the concerned work circle to remove/ demolish the illegal constructions on green area of the society. A true copy of the letter dated 20.12.2021 issued by the Planning Department Noida is annexed and marked as ANNEXURE-3."
5. Irregularities referred to in the letter dated 18.10.2021 are as follows:-
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1. In violation of the building maps approved on 7/8/2019 of the Scheme under reference, provision of open parking has been made in the green belt/area.
2. A wall has been constructed for barricading between the built and under construction areas in the layout plan of basement and the parking area on the stilt floor.
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3. According to the Noida Building Manual, the area less than the required area for parking is indicated at the site.
4. Several places are filled with water due to seepage/leakage from the expansion joint and waste water pipes in the basement.
5. Commercial / Community Block has been approved in the building maps approved on 7/8/2019. The Block under reference is being used without obtaining the occupancy certificate, which is against the provisions of the Noida Building Rules. The allottee firm has not applied for occupancy certificate of the commercial block till date.
6. The temple has been constructed without approval in the front setback of the project.
7. STP installed in the scheme is not functional.
8. Fire detection systems have not been installed in Tower No. A and B.
9. There are three sanctioned lifts in Tower No. A, out of them two lifts are installed and operational but one lift has not been installed.
10. There are three sanctioned lifts in Tower No. G and H respectively, out of them one lift in each tower is not operational."
6. Since the compensation assessed is not shown to have been recovered nor the violations found of not making the STP operational rectified, the State PCB needs to ensure compliance and file a further action taken report within one month. Adequacy of compensation also needs to be assessed having regard to the cost of restitution, deterrence element consistent with financial capacity as per judgments of the Hon'ble Supreme Court inter alia in Goel Ganga Developers, (2018)18 SCC 257. Similarly, the NOIDA Authority also needs to take follow-up action of removing/demolishing illegal construction in the green area and remedial action with regard to irregularities found and file action taken report within one month by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image 4 PDF. Noida authority also needs to assess and recover compensation for the past violations till compliance. We also direct the State PCB and NOIDA Authority to put the project proponent to notice of these proceedings.
7. In view of rampant failures in compliances, the consent process adopted by the State PCB needs to be reviewed for better regulation of environmental norms. The Member Secretary, State PCB may remain present in person on the next date by video conferencing for interaction on the subject.
The applicant may serve a set of papers on the project proponent and file affidavit of service within one week.
List for further consideration on 04.03.2022. A copy of this order be forwarded to the Member Secretary, State PCB and the NOIDA Authority by email for compliance.
In view of above, I.A. No. 171/2021 also stands disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 21, 2021 Original Application No. 193/2021 (I.A. No. 171/2021) AB 5