National Green Tribunal Imposes 50 Crore Compensation On Uttar Pradesh Aawas Vikas Parishad & Three Other Realtors For Environmental Degradation

The National Green Tribunal (NGT) has imposed a 50 crore compensation on Uttar Pradesh Awas & Vikas Parishad, Prateek Realtors India Pvt. Ltd., M/s Apex Heights Pvt. Ltd., and M/s Gaur & Sons India Pvt. Ltd. for the inadequacy of green belt, absence of sewage treatment, and failure to prevent dust pollution.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr. A.Senthil Vel said that, “Thus,total estimated cost of restoration of Rs. 50 crores be deposited with the State PCB to be utilised for restoration of environment as per action plan to be prepared by CPCB, State PCB and District Magistrate with association of concerned stakeholders including the PPs.”

The Court was hearing the application against the above project proponents (PPs) who were developing construction projects at Ghaziabad, U.P.

It was alleged that there were inadequacy of plantations and sewage treatment plants which resulted in continuing damage to environment and public health.

The Tribunal sought a factual report in the matter from a joint Committee comprising State PCB and District Magistrate, Ghaziabad.

It was found in the report that there were serious violations of the environmental norms.

“On consideration of rival versions and reports of joint Committee, we find that there are violations which need to be remedied and accountability needs to be fixed on polluter pays principles and amount of compensation needs to be duly utilised for restoration of environment”,the Tribunal noted.

The Tribunal noted that, UPAVP has constructed and sold 1844 EWS homes - 1376 homes are under Kanshi Ram Scheme and 1292 homes in Ganga, Yamuna and Hindon Apartments Scheme.

“None of the said schemes have captive STPs and sewage is being carried by trunk sewer line and disposed of in open areas. Sewer line laid by UPAVP is not connected to terminal STP which is still under construction. This is resulting in water logging”, the bench noted.

“Before handing over the project to the Nagar Nigam, it was mandatory for it to set up requisite sewage treatment facility…”,it added.

The Tribunal has directed that the compensation be used for environmental restoration in accordance with an action plan to be developed by the CPCB, State PCB, and District Magistrate in consultation with relevant stakeholders, including the PPs.

While stating that the joint committee will verify further facts about the date of functionality of STPs and the date of occupation and period of default in respect of the green belt, the Tribunal has posted the matter for further consideration to August 10th

Case Title: Sanjeev Kumar v.Uttar Pradesh Pollution Control Board & Ors

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