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This is an archive article published on March 29, 2019

Gurgaon: NGT slaps Rs 10 cr fine on builder for violating norms

With the project costing more than Rs 3,000 crore, the NGT also directed the respondents to deposit 'Rs 10 crore' as 'interim compensation' with the Central Pollution Control Board (CPCB) 'within a month'.

Gurgaon: NGT slaps Rs 10 cr fine on builder for violating norms A completion certificate was not granted to the project, as the green belt ‘has not been developed as per norms’, the order said. (Express Photo by Tashi Tobgyal/File)

The National Green Tribunal (NGT), earlier this week, directed that “appropriate preventive and remedial action” be taken against M/s Ansal Buildwell Ltd., its sister concern M/s Aadharshila Towers Private Ltd., and its subsidiary M/s Rigoss Estate Networks Private Ltd., for violation of environmental laws in developing a “housing/residential township project” over 199 acres in Gurgaon’s Sector 57.

According to the March 25 order, which pertains to Sushant Lok 2 and 3, the builders failed to obtain “consent to establish and operate” — as required under the Water (Prevention and Control of Pollution) Act, 1974. A completion certificate was not granted to the project, as the green belt “has not been developed as per norms”, the order said.

“Rainwater harvesting system is not maintained. There is no groundwater recharge as required… no effective solid waste management. The report is based on record and site visit by senior officer. The same has to be acted upon,” it states.

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“Let the Haryana State PCB now take appropriate preventive and remedial action including prosecution, recovery of damages and compliance of requirement of proper waste management, installation of rainwater harvesting system, groundwater recharge system, stopping of illegally operating DG sets and closing the illegally operated swimming pool…,” it states, adding that the “action taken report” be furnished within three months.

With the project costing more than Rs 3,000 crore, the NGT also directed the respondents to deposit “Rs 10 crore” as “interim compensation” with the Central Pollution Control Board (CPCB) “within a month”.

A default, it adds, will entitle the CPCB to an interest “at the rate of 12%”.

In addition, the tribunal directed that the respondents “furnish performance guarantee in the sum of Rs 5 crore to the satisfaction of CPCB within one month, undertaking to comply with the statutory norms within three months”.

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The application in the case was filed on July 20, 2016, with the applicant alleging that the respondent had “encroached green belt, open area meant for parks, roads, etc”, with illegal activities resulting in air pollution.

The applicant had also alleged that there was no proper garbage disposal system, and sewage was being dumped into a drain that connected to the Yamuna.

The applicant’s lawyer, Yatish Kumar Goel, said, “This decision of the NGT exposes the collusion of TCP officials. It is not possible for the builder to execute such a huge scam without collusion of officers… The next hearing is on 11.07.2019.”

The respondents, however, had claimed that the green belt was maintained “as per norms” and “no environmental clearance was required as the colony was set up prior to 2006”.

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However, the NGT, in its March 25 order, stated that it had been found that the project “was executed partly after 14.9.2006”, as a result of which clearance was required.

Officials from Ansal Buildwell Ltd., meanwhile, said they were still perusing the judgment. “We cannot comment on this until we have gone through the judgment,” said Ajay Pandita, a spokesperson for Ansal Buildwell Ltd.

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