E-Paper
SC relief for owners, Chandigarh admn de-seals Berkeley Square
Constructed on around five acres in Industrial Area, Phase 1, the complex is owned by RSA Motors, a firm promoted by Ranjeev Dahuja
The UT administration on Tuesday evening removed its locks from Berkeley Square, a commercial complex in Industrial Area, hours after the Supreme Court ordered the building’s de-sealing within 36 hours.
Constructed on around five acres in Industrial Area, Phase 1, the complex is owned by RSA Motors, a firm promoted by Ranjeev Dahuja.
It was sealed by the UT administration on September 1 for violating environmental norms, on the directions of the Chandigarh Pollution Control Committee (CPCC).
Two weeks later, the National Green Tribunal had 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.
SEIAA had approached the Supreme Court against this NGT order. But the apex court instead directed that the commercial complex be de-sealed.
“The building will be de-sealed, after taking photographs by the authorities concerned within 36 hours. The owners are also at liberty to take photographs. Water and electricity supplies, if disconnected on account of violation of the order dated August 25, 2023, passed by the SEIAA, which has now been set aside by the impugned judgment and order, will be restored within the same period,” said the division bench of justice Sanjiv Khanna and justice SVN Bhatti.
The court, however, noted, “We are not inclined to interfere with the common impugned judgment and order, but clarify that all the contentions and questions are left open. Any observations made in the impugned judgment and order will be treated as tentative in nature and are not final and binding findings...The order passed and directions issued by us will not be treated as an expression of opinion on the merits of the case.”
The CPCC order, that led to the complex’s sealing, had stated that during a surprise inspection carried out on July 14, several violations came to fore — such as changing/enhancing the scope of work than what was mentioned in the environmental clearance granted in 2015.
It said additions had been 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 without permission from CPCC.
A show-cause notice was subsequently issued to the complex. The personal hearings were attended by Ranjeev Dahuja, director of the unit, but he was unable to give justification for the violations.
So, it was concluded that the unit at the site, formerly M/s Berkeley Realtech Limited and now claimed to be M/s RSA Motors Pvt Ltd, has violated the provisions of Air (Prevention and Control of Pollution) Act, 1981; Water (Prevention and Control of Pollution) Act, 1974, and Environment (Protection) Act, 1986.
Following this, UT had directed the authorities concerned to disconnect the supply of electricity and water to the property with immediate effect, while directing SDM East to seal it with immediate effect.
The CPCC had also told the directors of Berkeley Realtech Ltd to deposit an environmental compensation of ₹3.75 lakh as per an NGT order within 15 days.
