February 14,2019:

National Green Tribunal (NGT) has imposed an interim fine of Rs 1 Crore on a private developer here for violation of the Environment norms in construction of a residential project in Bandra, Mumbai.

Principal Bench of NGT at New Delhi stated that Rustomjee Developers violated four major environment norms at its residential project Rustomjee Oriana, located at MIG Colony in Bandra-East, Mumbai.

NGT Bench comprising of Justice Adarsh Kumar Goel, Justice K Ramakrishnan and Dr Nagin Nanda was hearing an appeal filed in 2014 by Anil Tharthare, a resident of the MIG Colony.

Fine which has been imposed on the developer as an "interim cost for damaging environment".

Tribunal held that builder had commenced construction work without the environmental clearance.

NGT Bench pointed out that developer had added 16 additional flats and two floors to building, for which the amended environment clearance was given in complete violation of Environment Impact Assessment (EIA) notification of 2006.

EIA notification mandates that if an application is made for expansion of a project, then the proposal must first go to the state environment impact assessment committee (SEAC), which will critically assess the project. Only after SEAC makes a recommendation, a project can be given environmental clearance.

Bench stated that,"It (Mumbai) is a highly congested city and any further construction must be strictly legal. Any illegal construction must be visited with permissible adverse legal action...".

Tribunal expounded that,"Severely straining and degrading available natural resources of a particular area without regard to capacity assessment is causing irreversible damage to the ecology in terms of pollution of air, water and earth".

Tribunal has directed a five-member committee, comprising two representatives of the Central Pollution Control Board (CPCB), one representative of the National Environmental Engineering Research Institute (NEERI) and two members of SEAC, to further assess the project's impact on environment and submit its report by April 30.

Source PTI

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