Green tribunal notice to builder over serious Tree Act violations

The National Green Tribunal in Pune has admitted an application alleging that Skylark Buildcon, the developer of luxury project Oberoi Three Sixty West, has violated the Maharashtra Urban Areas Preservation of Trees Act (MUAPT), 1975, by not planting any trees in open spaces. The tribunal has sought replies from the respondents and listed the case for hearing on July 4, 2023.

MUMBAI: The National Green Tribunal in Pune has admitted an application filed by two residents of the slum rehab component of a luxury housing project which, in February, was in the news for big-ticket real estate transactions worth over ₹1,400 crore. The application says that Skylark Buildcon, the developer of Oberoi Three Sixty West, the luxury project in Worli, has violated the Maharashtra Urban Areas Preservation of Trees Act (MUAPT), 1975, by not planting a single tree in the project’s open spaces.

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The division bench of Justice Dinesh Kumar Singh and Dr Vijay Kulkarni issued the order, observing that prima facie a case for adversely impacting the environment was made out, and sought replies from the respondents.

Appearing for the applicants, advocate Aditya Pratap argued that as per the requirements of the MUAPT, two trees had to be planted for every 100 sq m of open area and five trees per 100 sq m of recreation ground area but the developer had not done so. He argued that environmental clearance conditions too mandate the same.

Pratap pointed out that the superintendent of garden and trees officer, in a 2009 letter, had directed the promoter to plant the trees and asked him to submit a report on their condition once every six months for three years. However, an inspection report dated November 12, 2021, recorded that “no newly planted trees were found”.

Pratap further submitted that the Slum Rehabilitation Authority flouted the MUAPT by granting an Occupancy Certificate to the project when the law stipulates that an OC cannot be granted if the requisite number of trees are not planted.

Taking cognisance of the submissions, the tribunal said in the order dated April 5, ‘Based on the evidence, we find a prima facie case impacting adversely the environment to have been made out, therefore, we deem it proper to admit this application.’ The bench issued a notice to Skylark Buildcon and other respondents, directing them to submit their replies within four weeks, and listed the case for hearing on July 4, 2023.

Speaking to HT, Advocate Aditya Pratap said, “This is an important order by the NGT. When trees are cut for infra projects, citizens make a hue and cry. But when private developers flout their legal obligations to plant trees, no one raises their voice. In this case, the promoter should have planted 1,591 trees, but not a single tree has been planted.”