Wednesday, September 28, 2022

NGT constitutes 5-member committee to check legality of construction of Omex, Omaxe projects near Chandigarh

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The National Green Tribunal’s Principal Bench has constituted a five-member Joint Committee comprising MoEF&CC, CPCB, SEIAA (Punjab), Punjab State PCB and District Magistrate, Mohali to check the legality of construction raised by Omex Ltd and Omaxe Chandigarh Extension Developers Pvt Ltd in the project The Lake and other projects in the vicinity of Chandigarh. 

A bench led by Justice Adarsh Kumar Goel, Chairperson, Justice Brijesh Sethi, Judicial Member and Dr Navin Nanda, Expert Member, was hearing an appeal by Sandeep Singh, who has raised concerns regarding the construction of The Lake at village Kansal, Rani Majra, Dhode Majra, Rasoolpur in Mullanpur, District Mohali, in the vicinity of Chandigarh and also the legality of other constructions Ambrossia, Celestial Grand Floors, Celestial Royal Floors, Cassia Floors, Mulberry Villas, Silver Birch Floors are in violation of EIA Notification, 2006 as well as the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) and the Environment (Protection) Act, 1986 (EP Act).

The Green Tribunal noted in its order,

“According to the order, the Environmental Clearance was granted for total built-up area of 2,89,325 sq.mtrs. In violation thereof, built-up area of the project constructed is 3,04,049,154 sq.mtrs. Further, seven new parcels of the land, approximately 60 acres, have been added without environment clearance.”

Pertaining to this, environment impact assessment is required pre-construction to which reliance has been placed on M/s Janta Land Promoters Ltd. v. Punjab Pollution Control Board & Anr.

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Further, the Tribunal stated,

“total built up area for remaining six projects – Silver Birch, Ambrossia, Cassia, Celestia Royal Floors, Celestia Grand Floors and Mulberry Villas when added together comes to 3,44,461 sq.mtrs, there has been no “EC”granted to the Builder for the said area in the project “The Lake”. However, the Builder has carried out substantial construction of the project “The Lake”.”

The Tribunal has directed the joint committee to meet within 15 days and visit site and interact with stakeholders, including the Project proponent. The Committee may give its report within two months by e-mail.

The applicant is also directed to serve a set of papers on MoEF&CC, CPCB, SEIAA, Punjab, Punjab State PCB and District Magistrate, Mohali and file affidavit of service within a week. The matter would now be heard on January 4, 2022. 

Read the order here;


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