NGT rejects deemed environmental clearance for multi-sports arena in Dwarka

The NGT denied environmental clearance for a sports arena in Dwarka, citing illegal tree felling and unauthorized construction, and ordered enforcement actions.

The National Green Tribunal (NGT) has rejected a plea seeking deemed environmental clearance for a proposed integrated multi-sports arena project in Dwarka and directed authorities to take action over illegal tree felling and unauthorised construction at the site.

The bench, headed by NGT chairperson Justice Prakash Shrivastava, said prior EC is mandatory before starting any construction under the Environmental Impact Assessment (EIA) Notification, 2006. (Hindustan Times)

The tribunal said no environmental clearance (EC) had been granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC), noting that the project’s status on the PARIVESH portal still shows “ADS Raised”, indicating pending submissions.

The bench, headed by NGT chairperson Justice Prakash Shrivastava, said prior EC is mandatory before starting any construction under the Environmental Impact Assessment (EIA) Notification, 2006.

It rejected the developer’s reliance on a clause of the notification that allows limited reliance on “deemed clearance” in some circumstances. The tribunal clarified that the benefit applies only when procedural requirements are fully complied with and recommendations by the Expert Appraisal Committee (EAC) are unambiguous. In this case, the EAC recommendation was conditional, particularly requiring prior permission for tree felling.

The order noted that nearly 2,000 trees were proposed to be felled, however, no permission was taken from the state forest department.

Based on evidence and satellite images, the bench found illegal tree felling at the site. It also said construction activity went beyond permissible temporary work, citing pictures showing concrete structures and excavation.

“It is worth noting that the respondent… had taken the plea that it had not cut any tree. The record also does not reflect that at that stage any permission was granted under the Delhi Preservation of Tree Act, 1994 to the respondent to cut the trees, however, the photographs and satellite imagery indicate illegal felling of trees…The subsequent approval of Central Empowered Committee (CEC)... is of no consequence because the alleged tree felling had already taken place,” said the order.

The NGT ordered the tree officer or divisional forest officer to inspect the site and take action within eight weeks. It also directed the Delhi Pollution Control Committee (DPCC) to assess violations and impose environmental compensation if required.

The MoEF&CC has been told to take a final call on granting environmental clearance, considering the violations. Authorities have been directed to submit an action taken report within three months.

Meanwhile, the respondent, Worldstreet Sports Center Limited, said it will appeal the NGT’s April 22 order. The company said due process was followed and the proposal was recommended twice by expert committees in March and October 2024.

It attributed delays to the non-functioning of SEIAA and cited provisions under the EIA Notification, 2006, to support its deemed approval claim. It added that tree felling permission was granted by the CEC and denied any illegal activity, saying it will comply with environmental laws.

The case was filed alleging violations of environmental norms, including large-scale tree felling and construction without requisite approvals. The tribunal disposed of the application with directions for enforcement and compliance.