Judgment of the National Green Tribunal regarding violation of environmental norms by Uppal Chadha Hi Tech Developers in the course of construction of Wave City, Gautam Buddha Nagar district, Uttar Pradesh, 07/02/2023
Judgment of the National Green Tribual dated 07/02/2023 in the matter of Mahakar Singh Vs State of Uttar Pradesh & Others.
Mahakar Singh of village Dujana Pargana, tehsil Dadri, district Gautam Buddha Nagar, Uttar Pradesh in his complaint to the NGT that Wave city/Hi Tech city developed by M/s. Uppal Chadha Hi Tech Developers Pvt. Ltd. was cutting trees without any information to the villagers and other concerned authorities causing grave loss and injury to the residents. Cutting of trees, extraction of ground water without permission of concerned authorities, construction of residential and commercial towers without any Environmental Clearance and No Objection Certificate from concerned authorities, using of JCB machines for mining of clay without proper environmental safeguards including water sprinkling, stocking of construction material in open exposing dust in the environment and construction activities without use of tarpaulin at construction site were some of the violations alleged to have been committed by PP.
The NGT in its previous order, June 14, 2021 took note of the joint committee report of March 9, 2021. The court observed that "that though there are observations regarding illegal cutting of trees, violations of EC conditions, illegal extraction of the groundwater but the action taken is not proportionate to the violations. Further, the Committee has not been able to make an assessment of the environmental compensation on the ground that data is awaited from the project proponent."
The NGT directed M/s. Uppal Chadha Hi Tech Developers Pvt. Ltd to pay environmental compensation of Rs. 113.25 Crores to the Uttar Pradesh Pollution Control Board (UPPCB) within three months for violation of environmental norms.
The amount will be utilized for rejuvenation/restoration of environment in the area concerned on the recommendation of a Joint Committee comprising UPPCB, CPCB and District Magistrate, Ghaziabad who shall prepare a remediation plan within three months and execute the same within further six months from the date of deposit of environmental compensation by the project proponent. UPPCB will be the nodal authority for this purpose.