Order of the National Green Tribunal regarding violation of environmental norms in setting up a housing project, Ghaziabad, Uttar Pradesh, 04/02/2022

  • 04/02/2022

Order of the National Green Tribunal in the matter of Saviour Park Apartment Owners Association Vs State of Uttar Pradesh & Others dated 04/02/2022.

Grievance in the application is against violation of environmental norms in setting up of a construction project – Saviour Park, Plot No. 108, Katori Mill, Loni Road, Mohan Nagar, Ghaziabad, Uttar Pradesh, by Savfab Buildtech Pvt. Ltd., without valid Environmental Clearance (EC) and without requisite safeguards. It is further stated that EC conditions and environmental norms are being violated.

The Joint Committee report, January 27, 2022 after undertaking a visit to the site and going through the documents relating to the project have noticed violations. The project proponent is supplying water to the township through borewells but has not obtained any approval from CGWA. Rainwater harvesting pits were found clogged and filled with mud and stagnant water.

The Joint Committee in its report said violations of EC were found - Project proponent has not submitted surface hydrology report and water regime of the project; the project proponent is not using alternate technology for disposal of solid waste; sewage treatment plant is not functioning properly and is not treating and reusing grey water as per EC condition.

The NGT noted that the joint committee report has confirmed violations of the environmental norms and shows that regulatory authorities have not monitored the project activities and the project proponent has disregarded environmental laws. The Uttar Pradesh Pollution Control Board has issued consents under the Air Act, 1981 and the Water Act, 1974 even before grant of EC.

EC for expansion has been granted, March 4, 2021 overlooking the violations which are already undertaken, including expansion work.

The NGT, February 4, 2022 directed the Joint Committee to revisit its recommendation taking into account the violations and also look into the mode of disposal of sewage and solid waste and compliance in operation of DG sets, functioning of RWH systems and maintenance of greenery. The NGT said that environment compensation is the liability of the project proponent and not the flat owners.