Pune: Environmental Violations At TCG – Crown Greens In Hinjawadi? NGT Constitutes Expert Committee  To Ascertain Compliance

National Green Tribunal NGT
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Mubarak Ansari

Hinjawadi, 19th June 2021: The National Green Tribunal (NGT), Principal Bench, New Delhi, has ordered to constitute a 5-member expert committee to ascertain the status of compliance and the remedial action required for the possible violation of environmental clearances (EC) by the International Biotech Park Ltd and TCG Urban Infrastructure Holdings Ltd in developing high-rise residential project – The Crown Greens in Rajiv Gandhi Infotech Park, Phase-II, Hinjawadi, Pune.

The NGT bench headed by Justice Adarsh Kumar Goel and comprising Justice Sudhir Agarwal, Justice M Sathyanarayan, Justice Brijesh Sethi and expert member Dr Nagin Nanda, was hearing a plea by flat owners and represented through Adv. Ashish Sonawane and Adv. Ayodhya Patki of Nyaya Niti Strategic Legal Consultancy LLP.

The NGT in its order dated June 7, referred to the allegations made in the application related to the non-compliance of the environmental norms as per the environmental clearance, consent to establish and operate granted for the residential project.

It is stated by the applicants, the order stated, that the Environmental Clearance (EC) for the project was granted on 26.11.2012, consent to establish was granted on 05.11.2014 and consent to operate was granted on 08.07.2016. The same was renewed in 2018. No fresh consent to operate has been taken after the expiry of the earlier one. Occupancy and completion certificates have been taken for the projects, after developing three towers and selling the apartments out of the five towers proposed. Common amenity space – clubhouse has not been constructed. The sewage treatment plant (STP) is not functional. Green cover has not been established. Plantation has not been done. Solar water heaters have not been installed. The Rain Water Harvesting System has also not been provided.

The applicant Meenal Gupta and others stated that there is an underground live water – stream beneath the basement of the project. Groundwater is extracted from the said stream by using the electric motor. This is adding to the flooding. The applicant has relied upon photographs on the subject of STP and Solid Waste Management, solar systems and firefighting systems etc.

“From the above averments, it prima facie appears that the project has not been duly evaluated before granting of EC, particularly the existence of underwater stream. Also, there are non-compliances in providing STP and other systems in terms of the EC conditions which are not being monitored”, the order states.

 

The five-member expert committee constituted by the NGT to ascertain the status of compliance and the remedial action required, includes the MaharashtraState Environmental Impact Assessment Authority (SEIAA), the Maharashtra Pollution Control Board, the Central Pollution Control Board (CPCB), the IIT Mumbai and the nominee of Ministry of Mines, Government of India.

 

The CPCB and the Maharashtra Pollution Control Board will function as the nodal agency for coordination and compliance. The factual report is expected to be furnished to the Tribunal within three months along with recommended remedial action.

The Expert Committee may meet within one month to take stock of the situation and thereafter, conduct proceedings online except for site visit. The Committee will be free to take the assistance of any other Expert/Organization and interact with the stakeholders.

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