NGT forms committee to ascertain status of compliance in Hinjewadi project

The NGT has constituted a committee to ascertain the status of compliance and the remedial action for the possible violation of environmental clearances for the construction project

The NGT has constituted a committee to ascertain the status of compliance and the remedial action for the possible violation of environmental clearances for the construction project.

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The tribunal on June 7 passed an order to constitute a five-member expert committee to ascertain the status of compliance and the remedial action required for the possible violation of Environmental clearances by the company in developing high-rise residential project in Hinjewadi.

The NGT bench headed by Justice AK Goel was hearing a plea by flat owners and represented through advocate Ashish Sonawane and advocate Ayodhya Patki of Nyaya Niti Strategic Legal Consultancy LLP.

The tribunal in its order, referred to the allegations made in the application related to the non-compliance of the environmental norms as per the environmental clearance, consent to establish and operate granted for the residential project. The five-member expert committee constituted by the tribunal includes: the SEIAA, Maharashtra, the Maharashtra Pollution Control Board, the Central Pollution Control Board, the IIT Mumbai and the nominee of Ministry of Mines, Government of India.

The CPCB and the state PCB will function as nodal agencies for coordination and compliance. The factual report is expected to be furnished to the Tribunal within three months along with recommended remedial action.

The order stated ‘grievance in this application is against violation of environmental norms by the respondents. The order further stated that the applicants that the Environmental Clearance (EC) for the project was granted on November 26, 2012, consent to establish was granted on November 4, 2015 and consent to operate was granted on July 8, 2016. The same was renewed in 2018. No fresh consent to operate has been taken after expiry of the earlier one. Occupancy and completion certificates have been taken for the projects, after developing three towers and selling the apartments of the five towers proposed. Common amenity space - club house has not been constructed. The STP is not functional, green cover has not been established and plantation has not been done. Solar water heaters have not been installed and the rain water harvesting system has also not been provided. Thus, many conditions of EC have been violated. The applicant has come to know that there is underground live water - stream beneath the basement of the project. Ground water is extracted from the said stream by using an electric motor. This is adding to the flooding, the order stated.

From the above averments, it prima facie appears that the project has not been duly evaluated before grant of EC, particularly the existence of underwater stream. Also, there are non-compliances in providing STP and other systems in terms of the EC conditions which are not being monitored. In these circumstances, we find it necessary to ascertain the status of compliance and the remedial action required. For this purpose, we constitute a five-member expert committee comprising the SEIAA, Maharashtra, the Maharashtra State PCB, the CPCB, the IIT Mumbai and nominees of the Ministry of Mines, Government of India.

The CPCB and the state PCB will function as nodal agency for coordination and compliance. The expert committee may meet within one month to take stock of the situation and thereafter, conduct proceedings online except for site visit. The committee will be free to take the assistance of any other expert/organization and interact with the stakeholders, the order stated.