Order of the National Green Tribunal regarding construction of a housing project without environment clearance, Lucknow, Uttar Pradesh, 23/04/2024
Order of the National Green Tribunal in the matter of Abhinay Kumar Rai Vs Bliss Delight & Others dated 23/04/2024. Applicant has made a complaint that a Group Housing Project (Ansalapi-Bliss Delight, BLock-1,2,3 & 4, GH-2) Sushant Golf City, Lucknow is operating without obtaining Consent To Establish (CTE) and without obtaining any Environmental Clearance (EC). It is also the case of the applicant that the built up area of the project is 37,536 sqm., therefore, in terms of the EIA Notification, 2006 and Environment Protection, Act, 1986 prior environmental clearance was required.
The NGT, January 19, 2024 had noted that though the project proponent was served notice but no reply was received on behalf of the project proponent. When the matter was again listed on March 22, 2024 it got adjourned on the request of the counsel for the project proponent. Till now, no reply on behalf of the project proponent has been received, the court noted.
Reply filed by SEIAA, February 28, 2024 stated that no application for environmental clearance has been received on the Parivesh portal under the provisions of the EIA Notification 2006 for the Project "Group Housing Project Ansalapi-Bliss Delight, Block-1, 2, 3 & 4, GH-2, Sushant Golf City", Lucknow.”
A separate reply on behalf of UPPCB has been filed on January 18, 2024 taking the plea that inspection of the project was carried out by the officials of Regional Office of UPPCB, December 26, 2023 and it was found that the unit had started construction activities without taking prior permission as Consent To Establish and Consent To Operate under the provisions of the Water Act (Prevention and Control of Pollution) Act, 1974 and Air Act (Prevention and Control of Pollution) Act, 1981.
Reply of the UPPCB also mentioned that show cause notice under the Air Act, 1981 for imposition of EC has been issued vide letter dated January 15, 2024 for starting construction activities without obtaining Consent To Establish and Consent To Operate. Show cause notice is for disconnection of the facilities such as electricity, water and other facilities and for prosecution as also imposition of EC. Counsel for the project proponent has again sought time to file reply/response to the original application as well as reply of UPPCB and SEIAA.
UPPCB was also directed to file a fresh report disclosing the outcome of show cause notice.
It has come on record that construction activity is continuing with the construction activity without obtaining CTE and inspite of repeated opportunities, no explanation/response has been furnished by the project proponent. The NGT, April 23 directed the UPPCB and other concerned authorities to ensure that the project proponent does not continue with any illegal construction in the meantime.