The principal bench of the National Green Tribunal (NGT) on Wednesday directed the developer of
Sai Exotique — a mega housing project in
Chikhali in the limits of
Pimpri-Chinchwad Municipal Corporation (
PCMC) — to deposit interim compensation of Rs 2 crore to
Maharashtra Pollution Control Board (MPCB) within two months for allegedly flouting prescribed construction norms.
The authority has given the liberty to respective bodies to take coercive measures against the developer. The bench further directed to ensure that no further construction takes place without compliance of statutory norms.
The bench took strict action after an expert committee appointed by the tribunal found out that construction waste from the project was dumped along the floodline of
Indrayani river and tanks were erected within the prohibited area of the waterbody. The green court further mentioned that the mandatory environmental clearance (EC) required under the Environment (Protection) Act, 1986, was also bypassed.
Tanaji Gambhire, a city-based civil engineer, had filed a petition before the court in October last year, demanding the alleged illegal structure built by
Sai Baba Sales Private Limited — the proprietor of Sai Exotique project — be demolished.
According to the petitioner, the project has already completed construction over a 29,000 sq metres stretch and plans to expand the capacity to some 49,012 sq metres. Apart from not obtaining EC and other approvals, allegations also relate to violation of environmental norms, noninstallation of pollution control devices, non-plantation of trees required to offset environmental damage, illegal ground water extraction, podium built on 10 per cent recreational space, and no soil preservation, among others.
The petitioner has claimed that the violations have led to adverse carbon footprint impact to the extent of Rs 150 crore.
The matter first came up for hearing on July 9 this year when the NGT constituted a three-member panel comprising members from the State Environment Impact Assessment Authority (SEIAA), MPCB and the PCMC municipal commissioner to submit their findings on the project. Accordingly, a report was filed on August 24. After a site visit, officials observed that a part of the open recreation space stands on the flood zone of the Indrayani. Authorities also observed that the organic waste converter (OWC) for treating wet waste lies on the flood zone. Members further noticed that another underground tank (UGT) was proposed to be built on the flood zone.
Commenting on the matter, Gambhire said, “The builder failed to hold an environmental impact assessment, putting tremendous pressure on the limited natural resources. The flow of the waterbody has been diverted by dumping waste.”
The bench of judicial members, Adarsh Kumar Goel and SK Singh, and experts, including SS Garbyal and Dr Nagin Nanda, in their order observed that more than 20,000 sq metres of construction has already been completed in violation of the EIA notification. “The illegal construction should either be demolished or, subject to compliance of all environmental norms, compensation should be recovered. In view of the above, we constitute a joint panel comprising central and state pollution control boards and SEIAA to take remedial action by way of removing the illegal construction and recovering compensations for the violations,” the bench stated.
“The panel may complete its action in exercise of statutory powers within three months and furnish an action report,” the order said, adding that authorities can take coercive measures if the developer fails to pay the interim fine within two months. The bench further put a restriction no further construction without complying to norms. When approached for a response, Mirrorwas told that Kirpal G Gehaney, proprietor of Sai Baba Sales Private Limited, was not in town.
Sadanand Bag, land owner of the project, said, “We have not received any information on violating rules. As per our knowledge, no illegal construction took place along the floodline.”
