National Green Tribunal (NGT), Pune bench has also ordered the filing of criminal cases against BMC officials for environmental degradation.
Mumbai: The National Green Tribunal (NGT), Pune Bench has ordered the Developer The Rock Corner Pvt Ltd of Dudhwala Group which is constructing the project called the ID Origins building at Belasis Road, near Bus Depot, in Mumbai Central, to pay the fine of Rs 3.48 crores within two months for granting construction permission to the said project from the Building & Factories Department of Brihan Mumbai Municipal Corporation(BMC), without obtaining the consent of the Environment Department. The NGT bench has also instructed to file criminal charges against the municipal officials who granted construction permission to the developer.
In its order, NGT Court said, “If the consent for construction was given wrongly, then conduct a departmental inquiry through the BMC Commissioner and publish the report on the MCGM and MPCB websites.
Environment activist Sayyed Mohammad Sabir had requested the NGT, Pune Bench to demolish the unauthorized construction which is without the State Environmental Department’s permission and impose a penalty on the Developer of the Rock Corner of the Dudhwala Group for constructing the ID Origins building without obtaining the necessary approval.
Five members joint committee was formed
Accordingly, National Green Tribunal, Pune bench had ordered to form of a joint committee of five members and asked them to submit a joint report in this case. This committee member comprises were Principal Secretary of the State Environment Department, the State Environment Impact Assessment Authority (SEIAA), the Maharashtra Pollution Control Board (MPCB), the Maharashtra Housing and Area Development Authority (MHADA) and the Collector, Mumbai City and BMC Commissioner. The committee inspected the site and submitted a report to the NGT Bench to fine the developer for environmental degradation.
The complainant Mohammad Sabir filed a complaint with the Green Tribunal regarding the illegal and irregular construction without obtaining environmental clearance from the State Environmental Impact Assessment Authority (SEIAA) of the Government of Maharashtra and the consent of the Maharashtra Pollution Control Board (MPCB) against the Dudhwala Group.
“The final hearing was held on January 12, 2023, before the Justice Dinesh Kumar Singh of the NGT and Dr Vijay Kulkarni, an Environmental Expert. The NGT Bench passed its final verdict on January 30. Also, the MPCB has ordered the payment of the penalty amount within two months from the date of the order. Environmental compensation was ordered by breaking down the separate figures for the environmental damage. This caused due to non-observance under the Water Act, 1974 and Air Act, 1981 since 2011,” said Sabir.
Sabir Further said, “A high-level committee was also constituted by National Green Tribunal. The said committee submitted its report. A clear finding of guilt was recorded. Taking this report into account, the bench gave this historic decision.”
Adv. Nitin Lonkar, Adv. Sonali Suryavanshi, Adv. Tanaji Gambhire and Adv. Pradnya Bheke represented the environmental activist and complainant Sabir Syed.