Monday, November 29, 2021
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NGT Raps State Pollution Control Board for allowing encroachment in Gurgaon

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National Green Tribunal while hearing a matter related to encroachment of parks in green areas in Block C, Sushant Lok, Phase I, Gurgaon directed to take strict action against the officer who is responsible for allowing the construction.

The Bench headed by Justice Adarsh Goel was hearing a matter in which illegal construction have encroached parks located in green areas. There is illegal extraction and supply of groundwater, which is contaminated. It is also alleged that there is a lack of water harvesting system and sewerage treatment plant.

Counsel appearing for the State Pollution Control Board submitted before the court that they will be initiating prosecution against the violator, Justice Goel putting up his contention said “is that sufficient?” adding to this the bench suggested that the company may be blacklisted and this may also be made sure that no bank grants loan to them.

The bench while hearing the matter was trying to seek constructive statements and suggestions to deal with the situation from the counsels themselves, Justice Wangdi said. Counsel for the respondent said that the NOC granted to the violator may be revoked and may also not be considered in the future. However, counsel for the applicant submitted that the violator has 1000 crores of property, on which Justice Goel has sought a list of Assets.

The court observed that there must be some officer involved who may be held responsible for the situation. Justice Goel added “you have allowed this situation to arise, it is not the govt. or the builder; it is the officer who has helped the violator in this”.

Justice Goel while dictating the order said, “…remedial steps taken were not adequate. There is no compliance of directions. It is a serious violation of the law…”, The court has directed the Committee Secretary to suggest a mechanism to deal with the situation and prevail the rule of law. The court also directed to take strict action against the SPCB officer, responsible for the situation.

— India Legal Bureau
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