Relief for Berkeley Square: NGT quashes Chandigarh admn order revoking green nod

In August, the State Environment Impact Assessment Authority had cancelled the environmental clearance granted to Berkeley Square in 2015 over violation of environmental norms

The National Green Tribunal has set aside an order by the State Environment Impact Assessment Authority (SEIAA), Chandigarh, through which it had revoked the Environmental Clearance granted to Berkeley Square, Industrial Area, for violating environmental norms.

In line with SEIAA’s order, issued on August 25, 2023, Chandigarh administration had also sealed the commercial complex on September 1, and snapped its power and water connections. (HT File)

In line with SEIAA’s order, issued on August 25, 2023, the UT administration had also sealed the commercial complex on September 1, and snapped its power and water connections.

Principles of natural justice were not adhered to when the impugned order was issued, observed the National Green Tribunal (NGT), while directing SEIAA to issue a fresh or supplementary notice to the appellant and provide them an opportunity to present their defence before passing a new order in accordance with law. This process should be completed within three months.

The tribunal also urged the Chandigarh Pollution Control Committee (CPCC) to expedite proceedings related to the show-cause notice issued on July 14, 2023, and make a final decision within three months.

Constructed on around 5 acres in Phase 1, Industrial Area, the complex is owned by RSA Motors, a firm promoted by Ranjeev Dahuja.

According to the firm’s own statement in the Punjab and Haryana high court, over 50 business houses operate from the multi-tower complex, employing 400-500 employees. Environmental clearance (EC) for the complex was initially granted in 2015. In 2017, M/s Berkeley Realtech Limited was renamed RSA Motors.

The July show-cause notice by CPCC listed out violations, such as changing/enhancing of scope of work than what was mentioned in the clearance granted in 2015.

It said additions were made in the form of a restaurant, service station, paint booth and another diesel generator set of 320 KVA capacity on the premises of the existing unit.

It mentioned that EC was subject to obtaining prior clearance from forestry and wildlife angle, including from standing committee of the National Board of Wildlife, as applicable before starting the operation of the project.

It underlined that EC was granted for commercial project, comprising offices and retail, and it should have been obtained again in case scope of work had changed.