NGT slaps Rs 68.51 lakh penalty on Gurgaon builder

The National Green Tribunal has slapped a penalty of Rs 68.51 lakh on a builder for construction in the green area in a housing complex in Gurgaon in violation of environmental laws. A bench headed by NGT Chairperson Justice Adarsh Kumar Goel asked the builder to deposit Rs 68,51,250 to the Central Pollution Control Board within a month.

The tribunal said any approval granted without considering the impact on the environmental rights of persons to whom the flats were allotted is against the Sustainable Development and Precautionary Principles required to be enforced by it.

"Powers of regulatory authorities was required to be exercised in accordance with these principles. Environmental Impact Assessment procedure was required to be duly followed. The Deed of Declaration filed by the builder in 2009 showed the area to be an open area which was the basis on which the flats were allotted prior to 2010," the bench said.

The NGT said, "Out of 10.98 acre land which was meant for the project in question, only 7.93 acre land was used and remaining 3.05 acre land, which was open area, was converted into covered area for a commercial tower, irreversibly taking away the rights to ecological services of the persons to whom the flats were allotted."

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The order came after perusing a report filed by the the Ministry of Environment, and Forests and Climate Change (MoEF) making an assessment of Rs 68,51,250 to be paid as environmental compensation.

Advocate Balendu Shekhar appeared for the MoEF in the case.

The tribunal was hearing a plea filed by Gurgaon residents Anil Uppal and others seeking action against the builder for construction on the green/open area in a housing complex.

According to the applicants, Ambience Lagoon Apartment was a housing complex at National Highway No. 8, Gurgaon, Haryana developed by Respondent No. 6, Ambience Developers & Infrastructure Private Limited.

"Open areas in the colony are shrinking. Ground water extraction was excessive. Air quality was getting deteriorated. The builder had undertaken construction on designed open spaces, blocking fresh air and sunlight. The approved zoning plans required maintaining at least 15 per cent of the total area as open space. National Building Code of India, 2005 also requires minimum horizontal space between existing building and the new building," the petitioners said.

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