National Green Tribunal
Manorama Sharma & Anr vs Tdi Infrastructure Ltd on 28 September, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 02 & 05 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 764/2018
(M.A. No. 175/2019 & M.A. No. 24/2021)
(With reports dated 21.06.2021)
Kissan Udey Samiti Applicant
Versus
State of Haryana & Ors. Respondent(s)
AND
Original Application No. 155/2020
(I.A. No. 86/2021 & I.A. No. 121/2021)
(With reports dated 21.01.2021)
Dr. (Mrs.) Manorama Sharma & Anr. Applicant(s)
Versus
TDI infrastructure Limited & Ors. Respondent(s)
Date of hearing: 28.09.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Shiv Charan Garg, Advocate in O.A. 764/2018
Mr. Sachin Jain, Advocate in O.A. NO. 155/2020
Respondent: Mr. Rahul Khurana, Advocate for State of Haryana & HSPCB
Ms. Yashodhara Gupta, Advocate for M/s TDI Infrastructure Ltd.
(R-3 in O.A. 764/2018 & R-1 in O.A. 155/2020)
Mr. Aman Bhalla, Advocate for CPCB in O.A. 764/2018
Mr. Amit Singh Chauhan, Advocate for CPCB in O.A. 155/2020
Mr. Rakesh Mahajan, Advocate for MoEF&CC
ORDER
1. This common order will cover O.A. No. 764/2018 and O.A. No. 155/2020 and MAs/IAs filed in the said matters. Both the matters relate 1 to remedial action against violations of environmental norms inter alia by M/s TDI Infrastructure Ltd. (Developers of TDI Kingsburry Apartments G.T. Road, Sonipat), M/s TDI Infrastructure Ltd., (Developers of My Floor2 housing project Sector - 60, Sonipat), M/s TDI Infrastructure Ltd. Tuscan City, Sector - 58, Sonipat, M/s CMD Built-Tech Pvt. Ltd. (Developers of Ushay Towers Sector - 61, Kundli, Sonipat), M/s Parker Estate Development Pvt. Ltd., Sector - 61 Kundli, Sonipat and M/s Narang Construction & Financiers Pvt. Ltd. (Max Height Sector - 62, Kundli, Sonipat) - all parties to O.A No. 764/2018) and TDI Infrastructure Ltd.
(respondent in O.A. No. 155/2020). All housing/township projects are said to be located in Sectors 58 to 64 at Kundli, District Sonepat, Haryana and are said to be non compliant with the environmental norms calling for remedial action. Reason for taking up the matters together is adjoining locations and somewhat similar nature of violations. In many projects same project proponent (PP) or sister concerns are involved. To the extent necessary, distinction will be noticed in the order.
O.A. No. 764/20182. Issue raised in this application is environmental violations affecting public health and rule of law in developing the housing projects in question, mentioned earlier and failure of the statutory regulators - the Town and Country Planning Department, SEIAA, State PCB, MoEF and District Administration in taking remedial action. The OA was initially disposed of vide order dated 16.10.2018 with the direction that the Oversight Committee constituted by this Tribunal to look into the issues of waste management may first look into the matter. The matter was revived vide order dated 06.05.2019 in M.A. No. 142/2019 for the reasons mentioned in the said order. The Tribunal sought a report from the Chief Secretary, Haryana about the status of compliance. Considering the 2 report of the Chief Secretary dated 09.06.2019, acknowledging large scale violations, vide order dated 23.10.2019, the Tribunal issued directions for remedial action by statutory regulators and also constituted a joint Committee comprising representatives of CPCB, MoEF&CC and IIT Delhi to determine compensation on polluter pays principle for the violations.
The report filed by the Chief Secretary, Haryana is as follows: -
"After receipt of the above recommendations, directions have been issued.
(i) TCP Department shall ensure that all tankers discharging the effluent to the STP of 7.5 MLD capacity be fitted with GPS and a monitoring cell be established by HSVP at District Head Quarters to monitor the movement and regular discharge from all stakeholder units. HSVP shall also ensure maintaining the logbook of its STP to which the effluent is sent and reconcile with its movement records.
(ii) District Administration shall review the matter every fortnight and ensure that no effluent is discharged on land/dumped illegally. HSPCB shall take legal steps against the violators and sent a monthly report in this regard to Environment Department.
(iii) ULB Department and Municipal Corporation of Sonepat shall ensure the compliance of Solid Waste Management, 2016 in the district and Deputy Commissioner shall review the progress in his fortnightly review, as directed by Hon'ble NGT in O.A. No. 606/2018.
(iv) TCP Department shall not issue any Occupation/Completion Certificate to the upcoming/completed Projects, till the infrastructure and sewer systems are completely in place. Also, no further license/Consent to Operate shall also be issued by the Departments/Board concerned till the completion of all infrastructure facilities.
(v) TCP Department has been directed to issue a Public Notice in this regard, if necessary.
(vi) The Health Department has been directed to conduct a study to assess the possible adverse impact of the illegal discharge/pollution on the health of local residents.
(vii) TCP Department has also been directed to expedite and ensure timely completion of the laying of sewer lines and establishment of the proposed STP (with a capacity of 15 MLD) so that the issue is solved scientifically and permanently."
3. The Tribunal fixed interim compensation for restoration of environment as follows:
Sl. Name of the Units Interim
No. Compensation
3
1. M/s TDI Infrastructure Ltd, (For TDI Rs. 10 Crores
Kingsburry Apartments), G.T. Road,
Sonipat-
2. M/s TDI Infrastructure Ltd, My Floor 2, Rs. 2.5 Crores
Sector-60, Sonipat.
3. M/s TDI Infrastructure Ltd, Tuscan City, Rs. 2.5 Crores
Sector-58, Sonipat-
4. M/s CMD Built-Tech Pvt. Ltd. (Ushay Rs. 2.5 Crores
Towers), Sector-61, Kundli, Sonipat-
5. M/s Parker Estate Development Pvt. Rs. 2.5 Crores Ltd., Sector-61, Kundli, Sonipat.
6. M/s Narang Constructions & Financiers Rs. 2.5 Crores Pvt. Ltd. (Max Height), Sector-62, Kundli, Sonipat.
4. The compensation determined by the Committee as per its report dated 21.02.2020 is as follows:
S. Name of No. of EC for Solid Waste Total No. Banquet Days violation (in non- Environmental Rs.) compliance Compensation EC (in Rs.) (in Rs.)
1. M/s TDI 2826 15,63,13,125 2,85,95,040 18,49,08,165 Infrastructure Ltd. (For TDI Kingsburry Apartment), G.T. Road, Sonipat
2. M/s TDI 815 4,50,79,687.5 11,77,104 4,62,56,792 Infrastructure Ltd., My Floor 2, Sector - 60, Sonipat
3. M/s TDI 2022 11,18,41,875 23,60,966.4 11,42,02,841 Infrastructure Ltd. Tuscan City, Sector -
58, Sonipat
4. M/s CMD 658 3,63,95,625 1,77,120 3,65,72,745 Built-Tech Pvt. Ltd.
(Ushay Towers), Sector - 61, Kundli, Sonipat
5. M/s Parker 830 4,59,09,375 11,79,360 4,70,88,735 Estate Development Pvt. Ltd., Sector - 61 Kundli, Sonipat
6. M/s Narang 966 5,34,31, 875 16,06,656 5,50,38,531 Construction & Financiers Pvt. Ltd. (Max Height), 4 Sector - 62, Kundli, Sonipat
5. The matter was last considered on 01.10.2020 in the light of the report of the joint Committee determining compensation and status report filed by the State PCB. We consider it appropriate to reproduce the discussion in the said order:-
"1...xxx......................................xxx.......................................xxx
2. The matter was earlier considered in the light of the report of Chief Secretary Haryana dated 19.06.2019, 05.07.2019 and 28.08.2019 based on inspection conducted by the State PCB, District Town Planner, Haryana Sehari Vikas Pradhikaran (HSVP) and Municipal Council Sonepat finding serious violations of environmental norms in the building project in question and suggesting short term and long term action plans. After considering the findings and observations in the inspection report, the Tribunal observed:-
"5. From the above report, violations of Environment laws by the units in question can be briefly summed up as follows:
a) No prior Environmental Clearance & CTE was obtained
b) The projects have been constructed without obtaining Environmental Clearance and without CTE/CTO from HSPCB.
c) In terms of STP, the deficiencies observed during sampling relates to absence of flow meter at the inlet of STPs, non-maintenance of log book, the outlet of STPs are exceeding the prescribed limits of board, etc.
d) Untreated effluents from STPs are being discharged either through tanker or on open land near village Nagal for percolation.
e) The units are non-complying with SWM Rules and no facility for collection segregation and disposal of solid waste exists
6. Fourth report has been filed on 22.10.2019 by the State Pollution Control Board (SPCB) to the effect that total amount of Rs.
1.32 crore has been levied as environmental compensation and temporary arrangement was being made for management of sewage system. Further compensation is yet to be assessed.
7. The period of violations is 2 years or more. The turnover of the projects is in hundreds of crores. The deficiencies are in the knowledge of the project proponents who are in regular business. During inspections noted above, project proponents have become further aware of the shortcomings. Though Environment is priceless, quantum of Environment Compensation has to be adequate to restore the environment and must have deterrent aspect so that such violations are not profitable. No lenient attitude can be shown nor can such matters be unduly prolonged.
58. Legal position in this regard is settled. In Vellore Citizens Welfare Forum vs. Union of India (UOI) and Ors1, the Hon'ble Supreme Court interpreted "Polluter Pays" principle by stating that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remediation of the damaged environment is part of the process of "Sustainable Development"
and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. Measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. It was further observed on the basis of principle laid down in M.C. Mehta and Anr. vs. Union of India and Ors.,2 that a person undertaking an activity involving hazardous or risky exposure to human life is strictly liable for injury suffered by another person, irrespective of any negligence or carelessness on part of the managers of such undertaking. Pollution cannot be allowed to be profitable activity. The environment is priceless. Intentional violations have to be visited with more stringent damages than accidental or unintended. We have taken into account the principles for determining quantum of damages laid down, inter-alia, in Sterlite Industries (India) Ltd. v. Union of India (2013) 4 SCC 575 : ¶ 47, T.N. Godavarman Thirumulpad v. UOI & Ors. (2006) 1 SCC 1 : ¶ 1, Indian Council for Enviro-Legal Action & Ors. v. Union of India & Ors. (1996) 3 SCC 212 : ¶ 67, Vellore Citizens Welfare Forum v. UOI , (1996) 5 SCC 647 : ¶ 11 to 13, M.C. Mehta v. Kamal Nath (1997) 1 SCC 388 : ¶ 10 , Public Trust Doctrine, ¶ 24, M.C. Mehta v. UOI & Ors., W.P (C) No. 13029/1985 order dated 24.10.2017, MCD v. Uphaar Tragedy Victims Association (2011) 14 SCC 481 :
¶ 99, 100, Vadodra Municipal Corporation v. Purshottam v. Murjani & Ors. (2014) 16 SCC 14 : ¶ 17 and M. C. Mehta & Anr. v. Union of India (1987) 1 SCC 395 : ¶ 32.
9. In the light of above settled principles, the action taken by the SPCB does not match the facts found in the inspection report dated 16.07.2019 filed by a joint Committee comprising of officers of the State Government. The violations, noted above, are of very serious nature and possibility of collusion of the officers of the State is not ruled out in permitting such violations and in failing to take requisite actions. The compensation assessed being grossly inadequate and disproportionate and the action of the SPCB being too slow shows the SPCB lacks necessary sensitivity for enforcing the rule of law or there is collusion at some level to cover up the illegality.
10. We accordingly direct the Chief Secretary, Haryana to consider referring the matter to vigilance or otherwise to ascertain intentional and collusive violation of law. The Chief Secretary may also oversee remedial action for speedy enforcement of environmental norms in the interest of health of the inhabitants.
1(1996) 5 SCC 647 2 (1987) 1 SCC 395 :
611. Further, we find it necessary to constitute a joint Committee comprising representatives of CPCB, MoEF&CC and IIT Delhi to suggest realistic compensation to be recovered, apart from other actions to be taken. The Committee will be assisted by the SPCB Haryana. The CPCB will be the nodal agency.
12. Pending further consideration, in the light of above findings in the inspection report, we are prima facie of the opinion that interim compensation as follows needs to be recovered:
Sl. Name of the Units Interim
No. Compensation
1. M/s TDI Infrastructure Ltd, (For TDI Rs. 10 Crores
Kingsburry Apartments), G.T. Road,
Sonipat-
2. M/s TDI Infrastructure Ltd, My Floor 2, Rs. 2.5 Crores
Sector-60, Sonipat.
3. M/s TDI Infrastructure Ltd, Tuscan City, Rs. 2.5 Crores
Sector-58, Sonipat-
4. M/s CMD Built-Tech Pvt. Ltd. (Ushay Rs. 2.5 Crores
Towers), Sector-61, Kundli, Sonipat-
5. M/s Parker Estate Development Pvt. Ltd., Rs. 2.5 Crores Sector-61, Kundli, Sonipat.
6. M/s Narang Constructions & Financiers Rs. 2.5 Crores Pvt. Ltd. (Max Height), Sector-62, Kundli, Sonipat.
13. The amount may be recovered by the State PCB and spent for restoration of the environment. The interim compensation will abide by final determination of compensation by the SPCB after following due procedure, including hearing the affected parties, in the light of the report of the joint Committee constituted as above. The Committee may give its report within three months by e-mail at [email protected] and a copy thereof may also be provided to the State PCB and the Project Proponents so the Project Proponents will have the opportunity to contest the same before the State PCB or in any other proceedings. We have not considered necessary to hear the Project Proponents at this stage in view of patent violations at this stage shown by an independent inspection report and also in view of the fact that they will have sufficient opportunity after an expert report is available. We find adequate material for forming prima facie opinion about the quantum of Interim Compensation to be recovered."
3. Accordingly, the joint Committee has filed its report on 21.02.2020 determining the relevant extract from the said report as follows:-
"Based on calculation made in table 2 and 3, total EC estimated is mentioned in table - 4 7 S. Name of No. of EC for Solid Waste Total No. Banquet Days violation (in non- Environmental Rs.) compliance Compensation EC (in Rs.) (in Rs.)
1. M/s TDI 2826 15,63,13,125 2,85,95,040 18,49,08,165 Infrastructure Ltd. (For TDI Kingsburry Apartment), G.T. Road, Sonipat
2. M/s TDI 815 4,50,79,687.5 11,77,104 4,62,56,792 Infrastructure Ltd., My Floor 2, Sector - 60, Sonipat
3. M/s TDI 2022 11,18,41,875 23,60,966.4 11,42,02,841 Infrastructure Ltd. Tuscan City, Sector -
58, Sonipat
4. M/s CMD 658 3,63,95,625 1,77,120 3,65,72,745 Built-Tech Pvt.
Ltd. (Ushay
Towers),
Sector - 61,
Kundli,
Sonipat
5. M/s Parker 830 4,59,09,375 11,79,360 4,70,88,735
Estate
Development
Pvt. Ltd.,
Sector - 61
Kundli,
Sonipat
6. M/s Narang 966 5,34,31, 875 16,06,656 5,50,38,531
Construction
& Financiers
Pvt. Ltd. (Max
Height),
Sector - 62,
Kundli,
Sonipat
CONCLUSION
In addition to the assessment carried out by Joint Committee, EC on 06 Housing Societies as listed in table 4 above, following observations were made:
i. Basic infrastructure for common facilities including Sewage management (collection, treatment and disposal of sewage) and solid waste management (collection, processing and Disposal), for the specified area should be planned / developed by the concerned local authorities (in this case Haryana Shahari Vikas Pradhikaran, (HSVP) formerly Haryana Urban Development Authority(HUDA) before awarding license to builders for development of individual housing societies in the area by the concerned authorities (in this case Town and Country Planning, Haryana).8
ii. However, in present case, Town and Country Planning Haryana has approved Change of Land Use and awarded license for development of individual housing societies to builders before planning & development of basic infrastructure for common facilities including Sewage and solid waste management by HSVP. Adequate infrastructure required for common facilities for sewage and solid waste for the area is yet to be developed for the area.
iii. It was also noted that it is difficult to develop these common facilities once the housing societies come up as the land required for development of these facilities has not been earmarked/procured iv. In absence of sewerage system, both treated / untreated sewage from housing societies is being discharged in adjoining areas.
v. As per conditions of Environment Clearance, housing societies have to treat sewage up to tertiary level and utilize in landscaping, gardening, toilet flushing, cooling tower etc. and remaining treated wastewater may discharge to final disposal system.
vi. CTO issued by SPCB has stipulated compliance of all EC Conditions, however specific conditions regarding the level of treatment, extent of reuse of treated water, discharge standards and mode of disposal of treated water is to be included vii. Town and Country Planning Haryana has granted Occupancy Certificate (OC) prior to issuance of Consent to Operate (CTO) by the SPCB.
viii. All the Housing Societies shall ensure reuse of treated sewage as per CPHEEO guidelines for point use. Standards is attached at Annexure-III. Excess treated sewage shall discharge to HSVP sewerage network In view of the above, Committee has opined that responsibilities of discharge of untreated sewage and improper Solid Waste management shall also be vested with the following authorities:
i. Town and Country Planning Haryana for granting license to builders prior to development of infrastructure related to sewerage system and granting OC before issuance of CTO;
ii. HSVP for development of basic infrastructure for sewage and solid waste management of the area."
4. The status report has been filed on 13.09.2020 by the State PCB which refers to an order of the Hon'ble Supreme Court dated 11.09.2020 in Civil Appeal No. 003177/2020, Diary No. 17702/2020, M/s Parker Estate Developers Pvt. Ltd. v. Kissan Udey Samiti & Ors. as follows:-
"While finding certain violations that were committed by the appellant, Haryana State Pollution Control Board imposed interim environmental compensation of Rs.27,37,500 on the appellant in C.A. Diary No.17702/2020.9
It is submitted by Mr. Sumeer Sodhi that the appellant in C.A. Diary No.18310/2020 has deposited the interim compensation amount of Rs.6,37,500/- imposed by the Haryana State Pollution Control Board.
In O.A.No.764 of 2018, Kissan Udey Samiti sought for remedial action for violation of environmental norms from the defaulters for not providing proper sanitisation and sewage system in constructing buildings in Sectors 58-64 at Kundli District, Sonepat. The National Green Tribunal ('the Tribunal') sought a report from the Chief Secretary of Haryana. The recommendations made by the Committee constituted by the State of Haryana was placed before the Tribunal. After perusing the report, the Tribunal imposed 2.5 crores as interim compensation.
The interim compensation was made subject to final determination of the compensation to be fixed by the State Pollution Control Board after hearing the Project Proponents. It is clear from the order passed by the Tribunal that appellants were not heard. Issue notice returnable after eight weeks on the condition that the appellant(s) shall deposit 50% of the interim compensation imposed on them before the Tribunal, with the Registry of this Court within a period of eight weeks.
However, the appellants shall appear before the State Pollution Control Board as directed by the Tribunal. The State Pollution Control Board shall give an opportunity to the appellants before passing a final order without being influenced by the interim compensation imposed by the Tribunal.
The recovery proceedings are stayed for a period of 8 weeks within which the amount of 50% of the interim compensation shall be deposited. In default, the recovery proceedings shall revive."
5. In the said report it is further mentioned as follows:-
"3. That prosecution action against all the Builders as mentioned in above table has been taken by filing complaint in Special Environment Court, Kurukshetra.
4. That no occupation/ completion certificate and fresh CTO is being issued in sector 58 to 64 by Town Country Planning Department and HSPCB.
5. That Haryana Shahari Vikas Pradhikaran (HSVP) submitted the time bound action plan for laying of sewer line to the existing 7.5 MLD STP at village RGC, Pattla. The work of laying of sewage line has been completed as informed vide letter dated 19.06.2020. The HSVP has issued letter to each colonizer operating in sector 58 to 64 for connection of sewage pipe line laid down by HSVP. Copy of letter dated 16.06.2020 issued by the HSVP is annexed herewith as Annexure-10
R/1. Sanction to 6 projects for sewer connection 1 we been issued by HSVP as per report submitted dated 30.09.2020. The report is annexed herewith as Annexure-R/2.
6. That Town Country Planning, Department has floated 1)Nlf for installation of new STP with capacity 15 MLD. The Construction of 15 MLD STP (Phase-I) near village Aterna for sector 58 to 04 Urban Estate Sonipat amounting to Rs. 32 Crore has been started and the work would likely to be completed by 31.12.2020 as informed by HSVP vide letter dated 19.06.2020.
7. That these Protect proponents have not submitted Environment Compensation as imposed by Hon'ble NGT therefore letter dated 20.03.2020 has been send to Deputy Commissioner, Sonipat for recovery of Environment Compensation. Accordingly, Summon were issued by Tehsildar, Rai asking to deposit the Environment Compensation on 31.08.2020 as imposed by Hon'ble NGT.
8. That 02 projects i.e. M/s Parker Estate Developers Pvt. Ltd. and M/s Pardeshi Developers Pvt. Ltd. (M/s CMK M/s CMD Built-Tech Pvt. Ltd) tiled Civil Appeal before Hon'ble Supreme Court of India. The order dated 11.09.2020 passed by Hon'ble Supreme Court is annexed herewith as Annexure-R/3. One Project M/s TDI Infrastructure Ltd. approached the High Court of Delhi by way of Writ Petition (Civil). Copy of order dated 22.09.2020 is annexed herewith as Annexure-R/4.
9. The projects as mentioned in above said table has submitted representation for the Compensation as imposed by Joint Committee constituted by Hon'ble NGT. The project proponents have been directed to submit interim compensation as imposed by Hon'ble NGT."
6. In view of the above, we defer the proceeding to await further action in the matter in pursuance of the order of the Hon'ble Supreme Court.
M.A. No. 175/2019 has been filed by the applicant for stopping illegal construction and launching prosecution. The applicant may serve a copy of the application on the concerned authorities. The said application may be first considered by the State PCB in coordination with other concerned Authorities of the State of Haryana and a factual and action taken report filed before the next date by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
6. Thus, though the matter was earlier deferred to await the outcome of proceedings in the Hon'ble Supreme Court, the applicants have pressed 11 for taking up of the matter on the ground that period of almost one year has gone by. Violations are continuing and other matters involving overlapping issues are also listed. It is stated that there is no bar to consideration by the Tribunal to enforce environmental norms.
7. Accordingly, we have considered the matter further with the assistance of learned counsel for the applicants and for the State PCB.
Other counsel though present have opted not to participate. Counsel for TDI says that she is merely proxy counsel seeking adjournment.
8. We have perused the report of the Chief Secretary, Haryana filed in OA No. 661/2018 Praveen Kakar case, also listed today. The report is general about devising appropriate strategies to deal with such matters.
We have also considered the written statement filed on 21.06.2021 in response to M.A. No. 175/2019 on the issue of interim order against construction and for remedial action by way of prosecution. The written statement filed by the State PCB gives the details of construction in various projects as follows:-
Sr. Name of Licence Licence No. Total area Site address Remarks No. in acres
1. M/s Parilok Real 46 of 6.20 acres Sector - 63, DDJAY Estate Pvt. Ltd. 2019/05.03 Village Patla .2019 & Nangal
2. J.S. Broad Casting 48 of 11.30 acres Sector - 64, DDJAY Pvt. Ltd. 2019/05.03 Nangal Kalan .2019
3. TDI Mansion Pvt. 93 of 10.0187 Sector - 63, DDJAY Ltd. 2019/14.08 acres Village Patla .2019 & Nangal
4. Pushprattan 47 of 5.6375 Sector - 63, DDJAY Development Pvt. 2019/05.03 acres Nangal Kalan Ltd. .2019
5. M/s Navjyoti 79 of 21 acres Sector - 61, Residential Oversas Pvt. Ltd. 2008/01.04 Nangal Kalan Group .2008 Housing Colony
6. M/s P.S. Realtors 74 of 2008 10.8375 Sector - 64, Residential Pvt. Ltd. acres Village Patla Group & Nangal Housing Colony
7. M/s TDI 183-228 of 123.04 Sector - 59, Plotted Infrastructure Ltd. 2004 acres Nangal Kalan Colony (Formely non as Intime Promerts Pvt. Ltd.) Under 12 Construction building at Pot no.
E-166, E-208, 209, E-42, F-58
9. The composite report of the Chief Secretary, Haryana in pursuance of order dated 01.10.2020 giving the status of action taken in O.A. No. 764/2018 is as follows:-
"d. In OA No 764/2018 (Kissan Udey Samiti V/s State of Haryana & ors.) In the said matter, Hon'ble NGT has imposed the Environment compensation against various project proponents and same has not been submitted by the project proponents concerned. Therefore, vide letter dated 20.03.2020 Deputy Commissioner, Sonipat has been requested for recovery of Environment Compensation. Accordingly, Summons were issued by Tehsildar, Rai (Sonipat) for asking to deposit the Environment Compensation on 31.08.2020 as imposed by Hon'ble NGT.
03 Projects i.e. M/s Parker Estate Developers Pvt. Ltd., M/s Pardesi Developers Pvt Lt. (M/s CMK M/s CMD Built-Tech Pvt. Ltd) Project and M/s TDI Infrastructure Ltd. have filed Civil Appeal before Hon'ble Supreme Court of India. 01 Project i.e. M/s Narang Constructions & Financiers Pvt. Ltd., Sector 62, Kundli Sonipat has approached the High Court of Punjab and Haryana by way of writ petition (Civil). 02 no cases have submitted environment compensation of 50% as imposed by NGT incompliance of order issued by Hon'ble Supreme Court.
The detail of the same in table form is as under:-
Sr. Name and Details of Environmen Environment Amount No Address Case t Compensatio deposite . pending in Compensati n d by the Supreme on imposed Recommend project Court/ by NGT ed by the High joint Court Committee
1. M/s TDI Civil Rs. 10 Cr. 18,49,08,165 --
Infrastructu Appeal No. /-
re Ltd(TDI 3478 of
Kingsburry 2020
Apartment), (pending
G.T. Road, with
Sonepat Supreme
Court)
2. M/s TDI Civil Rs. 2.5 Cr. 1,62,56,792/- --
Infrastructu Appeal No.
re Ltd. My 3478 of
floor2 Sector 2020
60, Sonepat (pending
with
Supreme
Court
13
3. M/s TDI Civil Rs. 2.5 Cr. 11,42,02,841 --
Infrastructu Appeal No. /-
re Ltd. 3478 of
Tuscan City, 2020
Sector 58, (pending
Sonepat with
Supreme
Court
4. M/s CMD Civil Rs. 2.5 Cr 3,65,72,745/- 1.25 Cr.
Built Tech Appeal No.
Pvt. Ltd. 3178 of
(Ushay 2020
Towers), (pending
Sector - 61, with
Kundli, Supreme
Sonepat Court
5. M/s Parkar Civil Rs. 2.5 Cr 4,70,88,735/- 1.25 Cr.
Estate Appeal No.
Developmen 3177 of
t Pvt. Ltd. 2020
Sector - 61, (pending
Kundli, with
Sonepat Supreme
Court
6. M/s Narang CWP No. Rs. 2.5 Cr 5,50,38,551/- --
Constructio 15424/202
n & 0 (pending
Financiers with
Ltd., Supreme
(Maxheight) Court
Sector - 62,
Kundli,
Sonepat
Further, HSPCB has filed the cases in Special Environment Court,
Kurukshetra against the violators. The status of court cases given in table below:-
Title Court Name and Next hearing Filed by Case detail M/s TDI The Special 31/08/2021 Sh. Lalit Malik, Infrastructure Ltd. Environment AEE for Kingsburry Court, Apartments, G. T Kurukshetra, Road, Kundli Case No. CRM-
Sonipat Vs M/2019/34
HSPCB
M/s Pardesi The Special 08/09/2021 Sh. Abhijeet
Developers Environment Singh, AEE
Private Limited, Court,
Sector-61 Village Kurukshetra,
Rasoi, Kundli Vs Case No. CRM-
HSPCB M/2020/26
14
M/s Narang The Special 08/09/2021 Sh. Abhijeet
Construction & Environment Singh, AEE
Financiers Pvt. Court,
Ltd. Sector 62, Kurukshetra,
Kundli Case No. CRM-
Sonipat Vs M/2020/30
HSPCB
M/s Parker Estate The Special 08/09/2021 Sh. Abhijeet
Developers Pvt. Environment Singh, AEE
Ltd Sector-61, Court,
Kundli, Sonipat Kurukshetra,
Case No. CRM-
M/2020/31
M/s TDI The Special 31/08/2021 Sh. Abhijeet
Infrastructure Ltd. Environment Singh, AEE
for Tuscan City, Court,
Sector 60, Kundli Kurukshetra,
Sonipat Vs Case No. CRM-
HSPCB M/ 2020/ 28
M/s TDI The Special 31/08/2021 Sh. Abhijeet
Infrastructure Ltd. Environment Singh, AEE
for Tuscan City, Court,
Sector 60, Kundli Kurukshetra,
Sonipat Vs Case No. CRM-
HSPCB M/ 2020/ 28
M/s TDI The Special 31/08/2021 Sh. Abhijeet
Infrastructure Ltd. Environment Singh, AEE
for (My Floor 2) Court,
Sector 60, Kundli, Kurukshetra,
Sonipat Vs Case No. CRM-
HSPCB M/2020/27
M/s TDI The Special 31/08/2021 Sh. Abhijeet
Infrastructure Ltd. Environment Singh, AEE
for Kingsburry Court,
Apartments, G.T. Kurukshetra, Case
Road, Kundli No. CRM-
Sonipat v. HSPCB M/2020/29
10. As observed in O.A. No. 661/2018, Praveen Kakar & Ors. v.
MoEF&CC & Ors., the environmental violations need to be taken seriously.
The least expected by the citizens from the State is that those found violating norms are blacklisted to avoid further and recurring violations and damage to the environment and public health. On polluter pays principle, compensation must be recovered. In the present case, though stay has been granted by the Hon'ble Supreme Court only in favour of M/s Parker Estate Development Pvt. Ltd., Sector - 61 Kundli, Sonipat and M/s CMD Built-Tech Pvt. Ltd. (Ushay Towers), Sector - 61, Kundli, Sonipat, compensation is not being recovered from other PPs. This needs to be done forthwith. We have noted that the Committee has determined 15 compensation which is higher than the interim compensation determined by the Tribunal earlier. However, in doing so, the Committee has not considered the principles laid down by the Hon'ble Supreme Court referred to in the earlier order of this Tribunal dated 01.10.2020 quoted in Para 4 above and also judgement of the Hon'ble Supreme Court in Goel Ganga Developers India Pvt. Ltd. v UOI3 relating to violation of law by a housing project and judgments in Alembic Chemicals v Rohit Prajapati4, Keystone developers v. Anil Tharthare5 and Mantri Techzone Pvt. Ltd. v. Forward Foundation and Ors.,6 are also required to be taken into account. The compensation can be the percentage of cost of the project so as to be deterrent. The Committee may accordingly give its supplementary report through the CPCB.
11. We have considered the general issue arising out of report of the Chief Secretary in connected matter i.e. OA 661/2018, relating to violations at a different location. Observations are quoted below:
"xxx ......................................xxx...............................xxx
9. We have given due consideration to the report of the Chief Secretary, Haryana and find that the effectiveness of mechanism needs to be studied in the light of success in preventing and remedying violations. The Chief Secretary, while experimenting the mechanism evolved, may undertake study of extent of its success to consider what further changes are required in the mechanism after some time. Violations have been reported in the last several years and it is yet to be seen whether the compliance level has improved. We have separately considered violations in different cases mentioned in the report by separate orders in the said matters today. Violations found in the present case include absence of EC, Consent to Establish, Consent to Operate and consent for extraction of groundwater. The compensation assessed is only on account of untreated sewage water discharge and illegal extraction of groundwater. No compensation has been assessed for establishing the project without prior EC. In view of law laid down in Goel Ganga Developers India Pvt. Ltd. v UOI , the scale of compensation has to be related to the cost of the project so as to operate as deterrent 3 (2018) 18 SCC 257 4 2020 SCC OnLine SC 347 5 (2020) 2 SCC 666 6 2019 SCC online SC 322, Para 43-47 16 against the law violators. The scale of compensation, thus, needs to be revised.
10. It does appear that so far effectiveness of monitoring is not reflected from the report either in the matter of preventing colluding officers who have enabled gross violations or from dissuading the violators or providing remedy to the victims. Only mention is appointment of an inquiry officer on 10.08.2021. Unless there is speedy effective action, mere appointment of an enquiry officer after three years of highlighting of rampant violations, in collusion with the State authorities is merely an eye wash. Similarly, with regard to effective recovery from M/s Ansal Properties and Infrastructure Ltd., only justification for not effecting recovery or taking punitive measures is order of status quo with regard to possession. There is no bar against effecting recovery of assessed compensation or blacklisting, in terms of observations of the Tribunal in Para 4 in the order dated 01.10.2020. This only shows lack of sensitiveness, commitment and will of the administration in enforcing rule of law.
We further find that as per order of the CPCB under Section 5 of the EP Act dated 21.06.2019, the State PCB was required to revoke the consents/authorizations given to M/s Ansal Properties and Infrastructure Ltd., the SEIAA, Haryana was required to revoke EC. The Director, Town and Country Planning Department was required not to allow any expansion or grant any completion and the Electricity Department was directed not to supply electricity for expansion of any project of the PP in Sushant Lok, Phase-1, apart from direction to the HSVP not to supply water for such expansion. Nothing is shown to have been done. Thus, the policy needs to be reviewed. Least expected for ensuring compliance by Residential Complexes is to inventorise such projects and to ascertain their compliance status. Second step is to place such status in public domain with reference to check list of conditions requiring compliance, with technical accuracy, to ensure that no such projects come up without being compliant with norms. There have to means to encourage best practices for waste management, including decentralised waste processing facility in coordination with concerned local body for collection of residual waste. Other issues need focus are water harvesting, greenery, leaving open spaces, dual piping system for utilisation of treated water for reuse. One cannot ignore that haphazardly developed housing projects are potential for degradation of environment, affecting public health. Prior to occupation and handing over to RWA, audit of compliances by a proper and accountable mechanism needs to be ensured. Revamping of Town and Country Planning Department, SEIAA, SEAC and State PCB and their interse coordination is a must for meaningful and prompt action against violators. Ownership and oversight of mechanism has to be of officers of proven credibility and status.
11. We note that notice has not been issued to the PP so far, as the Tribunal in the first instance sought action taken report from statutory authorities in exercise of their powers but in view of inadequacy of action, the Tribunal may have to consider further action after giving opportunity to the PP. Issue notice to the PP - M/s Ansal Properties and Infrastructure Ltd., 115 Ansal Bhawan, K.G. Marg, New Delhi-110001 by e-mail to show cause why further action 17 be not taken for the violations, already noted. Response be filed within one month. Haryana Sehari Vikas Pradhikaran (HSVP) and Town and Country Planning Department, Haryana may also explain how licenses have been granted for developing societies without ensuring requirement of providing basic infrastructure of waste management and other amenities required for clean environment and what action is being taken when violations are found. The said Departments may also file their action taken reports in the matter by e-mail in same manner as in above direction.
12. We also direct the Chief Secretary, Haryana to coordinate further action in light of above observations by calling a joint meeting of the concerned State authorities within one month from today. Status report of steps so taken as on 31.01.2022 may be filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Likewise, CPCB may also file its additional status report in the matter in the light of above observations."
12. The above observations are relevant for the present case also. Even in the present matter, action taken is not adequate. The report of the Chief Secretary quoted in Para 9 above shows that neither the compensation assessed has been recovered nor the rate of compensation is as per norms laid down by the Hon'ble Supreme Court. Action has also not been taken for ensuring compliance of environmental norms. Even blacklisting has not been done of the PPs. Thus, it calls for action by the concerned departments as well as the PP needs to be made accountable before this Tribunal.
13. So far, compliance was being sought from statutory regulators and notice was not issued to individual PPs. Since further action is required, we find it necessary that the Tribunal needs to go into the matter.
Accordingly, we issue notice to the all the PPs for their response to the violations alleged and found.
14. We also direct the statutory regulators to proceed as per law and in the light of above observations which may be overseen by the Chief Secretary, Haryana in the same manner as in OA No. 661/2018 as above.
1815. Chief Secretary, Haryana and CPCB may furnish their respective action taken reports by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
Haryana Sehari Vikas Pradhikaran (HSVP) and Town and Country Planning Department, Haryana may also explain how licenses have been granted for developing societies without ensuring requirement of providing basic infrastructure of waste management and other amenities required for clean environment and what action is being taken when violations are found. The said Departments may also file their action taken reports in the matter by e-mail in same manner as in above direction. They may include the remedial steps taken in pursuance of directions of the Chief Secretary in report dated 09.06.20219 quoted in para 2 above.
16. M.A. Nos. 175/2019 and 24/2021 have been filed for stopping further construction but as per stand of the State PCB no such further construction is taking place as per Building plans. Since the issue of remedial action in the course of construction is being dealt with in the main matter, it does not appear to be necessary to pass a separate order in these applications. The M.A.s will stand disposed of.
O.A. No. 155/202017. Grievance in this application is against violation of environmental norms by Respondent No. 1 in the course of setting up "TDI City Kundli"
project spread over 1200 acres of area. It is alleged that basic provisions for waste management and maintaining parks and green areas have not been provided. Even water and electricity have not been provided. There is no monitoring of the compliance of environmental norms by the statutory authorities in the State of Haryana on account of collusion or disregard of law. As a result, there is damage to environment and public health and 19 violation of Rule of Law. Detailed violations have been listed in the application.
18. Vide order dated 01.10.2020, the Tribunal directed the joint Committee of CPCB, MoEF&CC and IIT, Delhi to give its report about the status of compliance of environmental norms along with the report in O.A. No. 764/2018 which has been sought earlier. Accordingly, the joint Committee filed its report on 21.01.2021 noticing violations in providing waste management facilities as well as seeking statutory clearances. The observations and recommendations in the report are reproduced below:-
"3.0 Observations During the inspection by joint committee on 07.01.2021, following observations are made:
1. M/s TDI Infrastructure Limited has set-up residential plotted colony in sector 58,59,60,61 and 64 of Sonipat, Haryana.
2. Basic minimum infrastructure i.e. internal roads, open space, public parks, streetlights, public health services including water supply & Sewerage Treatment Plant, electricity, etc. arenot functional at site.
3. Plot of applicant was inspected and it is observed that no Electricity supply, Water supply, Sewerage connectivity or STP exist at site. Approach road to plot is also damaged at multiple locations.
4. No mechanism of proper collection and segregation observed at site. Compost arrangement for biodegradable waste was not provided at site.
5. An unauthorized disposal of sewerage water in nearby plotted area was observed. An unauthorized tractor carrying tankers (without any registration numbers) was found disposing sewerage wastewater at nearby plotted area. An undesirable smell and stagnant water has been observed at these areas.
6. Project Proponent is supplying water to township through bore wells but has not obtained any approval from CGWA.
7. Project Proponent has not submitted adequacy reports of captive STP under township and not provided proper sludge collection system.
8. Rain Water Harvesting pits were found clogged and filled with mud and stagnant water.
9. It is also evident from the report of District Town and Country Department , Sonipat provided by applicant that M/s TDI Infrastructure Pvt. Ltd. has breached the conditions of the license 20 and condition of part completion certificates granted by the Department and not able to upkeep the minimum infrastructure( Copy attached at Annexure-III)
10. Violation of Environment Clearance Conditions:
Compliance status of EC condition is attached at Annexure-IV. Observation of Joint committee with respect to violations of EC conditions are summarized below.
a. Project Proponent has not constructed decentralized tertiary level STP for 100 percent treatment of grey water and reuse as per EC conditions.
b. No solar, wind or renewable energy source has been observed at project site.
c. No CFLs/LEDs has been observed at street lights some d. Project Proponent has also not provided details of area covered & species planted under green beltand area covered under green belt is looking inadequate.
e. Project Proponent has not provided corporate social responsibility plan, details of environmental management cell, year wise details of year wise fund earmarked/utilized towards environmental protection, not submitted six monthly compliance reports regularly.
f. Project Proponent has not provided copy of environmental statement of form-V, link of company website where copy of EC along with SMCRs has been uploaded. PP has also not submitted the six monthly compliance reports regularly. g. Project Proponent has not provided details/copy of agreement with recycler to handle/dispose hazardous waste (waste oil from DG sets )and STP sludge, plastic waste, e-waste and biomedical waste etc. generated at project site.
h. Project Proponent has not provided copy of NOC from civil aviation department, forest department, fire department, chief controller of explosives department, CGWA and Consent to Operate from HSPCB.
4.0 Recommendation :
Recommendation of Joint Committee based on the inspection, documents provided by applicant and respondents are follows:
1. Project Proponent to comply with all EC conditions and seek approval from CGWA for use of bore well.
2. Project Proponent to comply with provision of Solid Waste Management Rules, 2016 and ensure proper collection, segregation, and treatment of biodegradable waste in compost as per EC conditions.
3. Project Proponent to ensure that no treated/untreated sewage is being disposed into vacant plots.
4. Local State administration to keep vigil on unauthorized vehicles /tractor tankers being used for discharge of pollutants, so that no unauthorized discharge be made on land/river disposals.
5. Project proponent to ensure basic infrastructure facilities are in operation i.e. internal roads, open space, public parks, streetlights, public health services including water supply & Sewerage Treatment Plant, electricity before allowing construction activity in residential plots.
6. The grey water should be treated-up to tertiary level in decentralized STPand treated water should be reused for cooling, flushing landscaping as per Environment Clearance conditions.21
7. Following points were earlier mentioned in report of Joint Committee in the matter of 0.A No 764/2018 and need to be recommend for present case:
a. Haryana Sehari Vikas Pradhikaran (HUDA) to provide sewer connectivity to units at the earliest. Only authorized vehicles having vehicle registration number to be used for transportation of sewage to STP as interim arrangement. b. Town and Planning department and Haryana Sehari Vikas Pradhikaran to issue Change in Land Use/License only after ensuring necessary basic infrastructure development (Water Supply, Sewerage network, Road) in the area. c. Concerned agencies to issue Occupancy certificate after ensuring development of infrastructure as per environmental clearance conditions. d. If a project proponent has applied for part CTO, he should be granted permission on remaining part only after ensuring valid Consent to Operate from SPCB.
e. HSVP to ensure completion of construction of Sewage Treatment Plant and sewerage network work ( as per EC conditions) by Project Proponent before issuing Occupation Certificate or any other permission."
19. We also reproduce the Table of status of compliance in Annexure-IV as follows:-
" S. Condition Compliance
No.
SPECIFIC CONDITIONS: OPERATIONAL PHASE As observed, PP does not have valid copy of CTO of the project.
i. The gaseous emissions from DG set PP has not provided
shall be dispersed through adequate details of DG sets
stack height as per CPCB standards. working at project site
along with gaseous
Acoustic enclosure shall be provided to emissions monitoring
the DG sets to mitigate the noise data.
pollution. Low sulphur diesel shall be used. The location of the DG set and PP has also not provided exhaust pipe height shall be as per the copy of agreement with provisions of the Central Pollution recycler to dispose waste oils from DG sets.
Control Board (CPCB) norms.
ii. For indoor air quality the Adequate ventilation has ventilation provisions as per National been observed at project Building Code of India. site for indoor air quality iii. Fresh water requirement from HUDA PP has submitted in June-
Supply/ground water. Water Supply 2020 six monthly shall not exceed 28632 m3/day. compliance report that they are abstracting 817 m'/d of ground water. However, PP has not submitted the copy of NOC for the same from CGWA.
PP has also not provided the source of remaining water supply.
iv. Fresh water requirement from As submitted by PP in June-
Municipal Water Supply shall not exceed 2020 SMCR that they are 93 m /day.
3 using only ground water as fresh water 22 v. The quantity of fresh water usage, water PP has not submitted the recycling and rainwater harvesting shall water balance sheet of be measured and recorded to monitor the project.
Rain water harvesting the water balance as projected by the pits were checked by the project proponent. The record shall be committee members submitted to the Regional Office, randomly and observed MoEF&CC along with six monthly filled with mud and Monitoring reports. stagnant water.(Photo 1) vi. The installation of the Sewage PP has not submitted the Treatment Plant (STP) shall be certified STP adequacy reports of by an independent expert and a report STP working at project site.
in this regard shall be submitted to the Illegal disposal of Ministry before the project is sewerage water through commissioned for operation. Periodical tankers in nearby are of monitoring of water quality of treated the project site has also sewage shall be conducted. Necessary observed by committee measures should be made to mitigate members.
Some tankers without the odour problem from STP.
registration numbers
have been observed for
the same.
An undesirable smell and
stagnant water has been
observed at nearby areas
during the joint visit.
(Photo 2)
vii. No sewage or untreated effluent water Same as submitted in point
would be discharged through storm no. vi.
water drains.
viii. Sludge from the onsite sewage No sludge collector
treatment, including septic tanks, system has been
shall be collected, conveyed and observed at project site.
PP has not provided
disposed as per the Ministry of Urban
sludge collection data
Development, Central Public Health and and copy of agreement
Environmental Engineering with recycler to dispose
Organization (CPHEEO) Manual on the same.
Sewerage and Sewage Treatment
Systems, 2013.
ix. The provisions of the Solid Waste No provision of proper
Management Rules, 2016, e-Waste solid waste management
/collection has been
(Management) Rules, 2016, the
observed at project site
Construction and Demolition Waste during the visit.
Management Rules, 2016 and the Outside boundary of the Plastics Waste Management Rules, project has been 2016 shall be followed. observed with full of household waste.
(Photo 3)
PP has not provided
biodegradable waste
composter to process the
biodegradable waste.
No place for collection
and disposal of solid
waste has been observed
at project site.
PP has not provided
details of plastic waste
generated/collected from
the society and copy of
agreement with recycler.
x. Solar, wind or other Renewable Energy No solar, wind or
shall be installed to meet electricity renewable energy source
23
generation equivalent to 1% of the has been observed at
demand load or as per the state level/ project site.
local building bye-laws requirement, whichever is higher.
xi. Solar power shall be used for lighting in PP has not installed the apartment to reduce the power load solar panels at project on grid. Separate electric meter shall be site to generate solar installed for solar power. Solar water power. heating shall be provided to meet 20% of Remaining situations i.e. the hot water demand of the commercial solar water heater, and institutional building or as per the separate electric meter requirement of the local building bye- for solar power and to laws, whichever IS higher. Residential compete the hot water buildings are also recommended to meet demand from solar water its hot water demand from solar water heater are also heaters, as far as possible. automatically not fulfilled by the PP.
xii. Energy conservation measures like PP has not provided the installation of CFLS/ LED for the lighting details of CFLS/LED the area outside the building should be installed at common integral part of the project design and area of the project. should be in place before project Most of the common area commissioning. Used CFLs, TFL and of 'K' has been observed LED shall be properly collected and without CFLS/ LEDs at disposed off/sent for recycling as per the street lights. (Photo 4) prevailing guidelines/rules of the PP has also does not have regulatory authority to avoid mercury power connections at contamination. plotted blocks of the projects.
PP has also does not have
proper water
connections at plotted
blocks of the projects.
xiii. A minimum of 1 tree for every 80 sqm of Inadequate green belt land should be planted and maintained. has been observed at The existing trees will be counted for this project site during the purpose. Preference should be given to visit. planting native species. Where the trees PP has also not provided need to be cut, compensatory plantation the details and area in the ratio of 1:3 (i.e. planting of 3 trees covered by the trees for every 1 tree that is cut) shall be done planted at project site.
and maintained. As proposed
1388831.79 sqm area shall be provided
for green belt development
xiv. An environmental management plan PP has not provided the
(EMP) shall be prepared and details of environmental
implemented to ensure compliance with management cell
the environmental conditions specified developed for the project.
above. A dedicated Environment Unauthorized disposal of
Monitoring Cell with defined functions sewerage waste water
and responsibility shall be put in place to and improper
implement the EMP. The environmental maintenance of RWH pits
cell, shall ensure that the environment has been observed at
infrastructure like Sewage Treatment project site during the
Plant, Landscaping, Rain Water joint visit. (Photo 2)
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 xv. The company shall draw up and It seems that company implement a corporate social has not drawn any Responsibility plan as per the corporate social Company's Act of 2013. responsibility plan 24 GENERAL CONDITIONS i. A copy of the environmental clearance PP has submitted the letter shall also be displayed on the same to the regional website of the concerned State Pollution office MoEF&CC, Control Board. The EC letter shall also Chandigarh.
be displayed at the Regional Office, District Industries Centre and Collector's Office Tehsildar's office for 30 days.
ii. The funds earmarked for environmental PP has not provided the protection measures shall be kept in year wise details of fund separate account and shall not be earmarked towards diverted for other purpose. Year-wise environmental expenditure shall be reported to this protection measures and Ministry and its concerned Regional utilization of the same. Office iii. Officials from the Regional Office of PP has not submitted six MoEF&CC, Chandigarh who would be monthly compliance monitoring the implementation of reports regularly to the environmental safeguards should be regional office of given full cooperation, facilities and MoEFCC, Chandigarh.
documents/data by the project proponents during their inspection. A complete set of all the documents submitted TO MoEF&CC shall be forwarded to the APCCF, Regional Office of MoEF&CC, Chandigarh.
iv. In the case of any change(s) in the Noted scope of the project, the project would require a fresh appraisal by this Ministry v. The Ministry reserves the right to add. Agreed with additional safeguard measures subsequently, if found necessary, and to take action including revoking of the environment clearance under the provisions of the Environmental (Protection) Act, 1986, to ensure effective implementation of the suggested safeguard measures in a time bound and satisfactory manner vi. All other statutory clearances such as PP has informed that the approvals for storage of diesel from they have received NOC Chief Controller of Explosives, Fire from civil aviation Department, Civil Aviation Department, department but not the Forest Conservation Act, 1980 and submitted the copy of the the Wildlife (Protection) Act, 1972 etc. same.
shall be obtained, as applicable by PP has also not
project proponents from the respective submitted the copies of
competent authorities. NOC from forest
department, fire
department and chief
controller of explosives
department.
vii. These stipulations would be enforced PP has not submitted
among others under the provisions of copy of Consent to
the Water (Prevention and Control of Operate obtained under
Pollution) Act, 1974, the Air (Prevention air and water act from and Control of Pollution) Act 1981, the state pollution control Environment (Protection) Act, 1986, the board. Public Liability (Insurance) Act, 1991 and the EIA Notification, 2006.
viii. The project proponent shall advertise in PP has not submitted the at least two local Newspapers widely copy of newspaper circulated in the region, one of which advertisement for shall be in the vernacular language receiving of environment informing that the project has been clearance accorded Environmental Clearance and 25 copies of clearance letters are available with the State Pollution Control Board and may also be seen on the website of the Ministry of Environment, Forest and Climate Change at http://www.envfor.nic.in. The advertisement shall be made within Seven days from the date of receipt of the Clearance letter and a copy of the same shall be forwarded to the Regional Office of this Ministry at Chandigarh.
ix. Any appeal against this clearance shall Agreed with lie with the National Green Tribunal, if preferred, within a period of 3 0 days as prescribed under Section 16 of the National Green Tribunal Act, 2010.
x. A copy of the clearance letter shall be PP has not submitted any sent by the proponent to concerned proof that they have Panchayat, Zilla Parisad. Municipal submitted the copy of EC Corporation, Urban Local Body and the to concern Panchayat, Local NGO, if any, from whom Zilla Parisad/ Municipal suggestions/ representations, if any, Corporation, Urban Local were received while processing the Body and the Local NGO.
proposal. The clearance letter shall also PP has also not
be put on the website of the company submitted the link of
by the proponent company website where
copy of EC along with
SMCRs has been
uploaded
xi. The proponent shall upload the status PP has also not
of compliance of the stipulated EC submitted the link of
conditions, including results of company website where
monitored data on their website and status of compliance of
shall update the same periodically. It the stipulated EC
shall simultaneously be sent to the conditions, including
Regional Office of MoEF&CC, the results of monitored
respective Zonal Office of CPCB and the data has been uploaded.
SPCB. The criteria pollutant levels PP has also not
namely; SPM, RSPM, SO2, NOx submitted the six
(ambient levels as well as stack monthly compliance
emissions) or critical sectoral report of the project.
parameters, indicated for the project shall be monitored and displayed at a convenient location near the main gate of the company in the public domain.
xii. The environmental statement for each PP has not submitted year ending 31st March in Form-V as is copy financial mandated to be submitted by the environmental statement project proponent to the concerned of form-V. State Pollution Control Board as prescribed under the Environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of EC conditions and shall also be sent to the respective Regional Offices of MoEF&CC by e- "
mail.
20. We also noted that the Chief Secretary, Haryana in a composite report with regard to the violations of environmental norms by the housing 26 projects has covered the present matter in pursuance of order dated 01.10.2020 stating as follows:-
In OA No. 155/2020 Dr. (Mrs.) (Manorama Sharma &Anr. V/s TDI Infrastructure Limited & Ors.) In compliance of NGT order dated 01.10.2020 it is submitted that five prosecution cases have already been filed in special Environment Court, Kurukshetra against M/s TDI Infrastructure Ltd., Kundli, Sonipat. Environment Compensation has also been issued against the above said unit which has not been submitted by the unit therefore summon has been issued for auction of land belong to TDI Infrastructure Ltd. by Revenue Department to recover the Environment Compensation imposed against the said unit. Present case as subject cited above has been filed against M/s TDI Infrastructure Ltd (For TDI City), Residential Plotted Colony at Sector 58, 59 60 61 & 64 in Hon'ble NGT. The Joint Committee as deputed by NGT submitted the report to Chief Secretary, Government of Haryana. As per report, the said project has been found non- complying in the provisions of Water Act, 1974. As per committee report show cause notice dated 12.07.2021 was issued to the said project on the point related to Pollution Control Board for 15 days. No reply from the unit received in this office till date. The unit was again inspected on 02.08.2021 to check the present status of the observations as raised by the committee. At site, it has been found that the project has total 8816 residential plot and presently 250 residential plots have been constructed from which domestic discharge is generated. The project still not obtained CTE&CTO from HSPCB and also not installed STP for the residential plotted colony. The project is under installation of STP of capacity 250 KLD for which construction has been started.
Therefore, Environment compensation of Rs. 5,35,12,500/- have been proposed to Head Office vide this office letter No 1846 dated 03.08.2021 and Draft Complaint for filling prosecution against the said project has been sent to Head Office vide this office letter No.1847 dated 03.08.2021 his office till date. Copy of report submitted by joint committee formed in compliance of NGT order dated 01.10.2020 is annexed hereby as Annexure R/9." ,
21. In view of the serious violations noticed in the report of the joint Committee and also from the report of the Chief Secretary, Haryana, our observations in dealing with OA 764/2018 apply to the present matter also. We issue notice to the PP for its response and also direct the Chief Secretary, Haryana in coordination with other concerned officers to take further remedial action including recovery of compensation, black listing of the PP and compliance of EC conditions. We also issue notice to the Director of Town and Country Planning Department, Haryana and HSVP 27 by e-mail for their response, if any. The Chief Secretary and the CPCB may cover the present matter in giving their reports in OA No. 661/2018 and OA No. 764/2018.
22. Respondent No. 1 is restrained from creating any further third party henceforth in view of prima facie case for cancelling the statutory consents, including the EC for continuing violations of the EC conditions.
23. I.A. No. 86/2021 has been filed by the applicant on 19.03.2021 with reference to the facts found by the joint Committee at the time of site visit on 07.01.2021. In the said I.A. the applicant has assailed the EC on the ground that the single EC for sectors 58, 59, 60, 61, 63 & 64 is invalid and the EC was sought after substantial development was done. The applicant has also mentioned other violations since the violations mentioned are also covered in the report of the joint Committee and EC has to be separately challenged, which has not been done. The applicant is free to make submissions with reference to the report of the joint Committee itself. I.A. No. 121/2021 is for interim order against disposal of waste in open land which matter is being dealt with in the main order itself. I.A. Nos. 86/2021 and 121/2021 accordingly stands disposed of.
List the main matter for further consideration on 16.02.2022.
A copy of this order be forwarded to the Chief Secretary, Haryana, CPCB, State PCB, SEIAA, Haryana, Director, Town & Country Planning Department, Haryana and HSVP by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM 28 Brijesh Sethi, JM Dr. Nagin Nanda, EM September 28, 2021 O.A. Nos. 764/2018&155/2020 A 29