Document Fragment View

Matching Fragments

6. While submitting the report to this Tribunal, a copy of the report thereof be also forwarded to the PP and the applicant who may file their comments, if any, before the next date by e-mail."

Joint Committee report dated 3.12.2021

5. In pursuance of above, the joint Committee has filed its report dated 03.12.2021. The Committee held its meeting and prepared a questionnaire for seeking relevant information from the concerned organizations. The Committee considered the matter in the light of information received and found that the PP had misrepresented about obtaining full potential sanction/IOD whereas PP was granted only total permissible FSI vide PMC's Sanction No. 2456/14 dated 17/11/2014 which doesn't specify building configuration and non-FSI. The PP also undertook construction of basement prior to amendment of EC which amounted to violation of EC conditions. Construction was also started without CTE. The Committee then noted the steps taken by the PP and found that PP has raised constructions in addition to the configurations proposed for taking EC.

MPCB issued show-cause notice dated 16/9/2017 for refusal of Consent to Establish as PP has commissioned construction works without CTE from MPCB. Thereafter, CTE was refused by MPCB vide letter dated 02/4/2018 citing that the PP failed to reply to the said show-cause notice and started construction work without CTE. Copy of the said show cause notice dated 16/9/2017 and CTE refusal order letter dated 02/4/2018 issued by MPCB are given at Annexure VII.

The PP made application dated 03/4/2020 for CTE to MPCB. MPCB official during site visit on 10/8/2020 observed that construction activity is in progress. Tower A and B are completed for RCC work for 04 parking + Podium + 18 floors. Excavation work is in progress in Tower C. 10th floor slab for EWS building is in progress. MPCB issued CTE to the PP on 05/2/2021. Copy of CTE dated 05/2/2021 is given at Annexure VIII.

The above reveals that the PP started development/construction work of the project without CTE from MPCB and violated provisions under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and section 21 of the Air (Prevention and Control of Pollution) Act, 1981 from the day of start of construction i.e. 08/11/2016 till CTE obtained on 05/2/2021. Obtaining CTE before start of any construction work at site was also one of the "General Conditions for Pre-Construction Phase" laid down under the EC dated 17/10/2016.

2,91,09,375/- as alternative for violation in obtaining CTE and further compensation based on approach paper of SEIAA dated 30.01.2019, i.e. equivalent to EMP cost considering factors like - Afforestation; Water conservation program; Urban environment and sanitation; Sewerage lines and STP, solid waste management, and Urban air/noise pollution control.

It has been clearly found in the present case that EC was obtained after part construction of the project, there was misrepresentation by the PP and construction of the project was without requisite CTE. In respect of violation in proceeding without CTE, compensation has been assessed at Rs. 5 crores or Rs. 2,91,09,375/- and for the remaining, the assessment of cost has been left to SEIAA or this Tribunal. The project cost in the present case is said to be Rs. 250 crores.