NGT orders CPCB to launch prosecution against builder

New Delhi: The National Green Tribunal has directed the Central Pollution Control Board (CPCB) to launch prosecution and issue directions for closure of Ansal Properties and Infrastructure Ltd’s Sushant Lok-Phase I residential complex in Gurgaon for violation of environmental norms.

The green panel also directed the apex pollution monitoring body to exercise its statutory power to determine and recover the damages from the project proponent as per the procedure prescribed under the Air Act and the Water Act.

A bench headed by NGT chairperson Justice Adarsh Kumar Goel noted that the project has been constructed without taking consent to operate under the Air (Prevention and Control of Pollution) Act and Water (Prevention and Control of Pollution) Act and without requisite environmental clearance.

“Rain water harvesting system has not been provided and ground water has been extracted without requisite NOC from CGWA (Central Ground Water Authority). Sewage is meeting the storm water drain. Maintenance is not up to the mark, Construction and Demolition Waste Management Rules, 2016 have not been complied with. DG (diesel generator) sets are operating without stack height,” the bench, also comprising Justice S P Wangdi, noted.

“In spite of the above, part completion certificate has been granted by the Town and Country Planning Department, Haryana,” it said.

The tribunal also said the CPCB will be at liberty to coordinate with the concerned authorities, including the CGWA and the state pollution control board.

It also said that an action plan be submitted to the tribunal within three months by e-mail.

On September 19 last year, the tribunal had directed a joint committee comprising officials from the Town and Country Planning Department, Haryana, Delhi School of Planning and Architecture, Central Ground Water Authority and State Environment Impact Assessment Authority to furnish a factual report.

The tribunal’s direction came on a plea filed by Praveen Kakar and others alleging encroachment of parks in green areas in Block C of Sushant Lok, Phase I, Gurgaon.

He also alleged illegal extraction and supply of contaminated ground water, besides the absence of water harvesting system.

“The sewerage of the area connects the storm water drain. There is requirement to leave 45 per cent of land for roads, open spaces, schools, public common uses in terms of Clause 4(1) of the Haryana Development and Regulation of Urban Areas Rules, 1976,” the plea had said.