New Delhi, July 11 Noting that the construction has been done without requisite consent, the National Green Tribunal (NGT) has directed builder of a housing complex at Sector 120 in Noida to halt all work and also stopped transfer of the property to any third party till compliance with the law.
".. in the light of report of the state PCB that construction is without consent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, till compliance, the builder may not be allowed to raise any further construction or transfer of property to any third party. This may be ensured by the State PCB as well as the District Magistrate and NOIDA Authority," said NGT Chairperson, Justice Adarsh Kumar Goel (retd) in a recent order.
The plea alleged illegal construction of a group housing complex - R.G. Residency, Sector 120, Noida - without requisite environmental consent and without compliance with norms, including a non-functioning sewage treatment system causing damage to the environment.
As per the plea, the group housing complex consisting of 1,540 dwelling units was granted an occupancy certificate by the Noida Authority on September 9, 2015. After finding several deficiencies, the authority issued directions on October 18, 2019, requiring the builder to take necessary measures for waste management, green areas management, and various maintenance works.
This includes maintenance of underground water tank manholes, exit gates, providing swimming pool, gym, club house, etc., making STP functional, making fire control system functional, preventing flooding, stopping seepage at expansion joint in basement, maintaining the lifts and electricity towers.
Later, compensation was imposed by the State Pollution Control in the matter.In the latest development on July 7, as per the supplementary report, the project proponent moved the High Court against compensation, and in light of the order of the High Court, further proceedings are being taken by the State PCB.
The stand of NOIDA Authority is that remedial action has been taken for the restoration of the green area.
In its order, the tribunal noted that "..Counsel for the Project Proponent has entered an appearance and only stated that the fact of order of the High Court may be noticed, which we have already noticed.
"..It is, however, not disputed that the constructions have been raised without requisite consents."
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