Disposed

Mr. Ram Baban Borkar v. Chief Secretary Government of Maharashtra

NGT15 Dec 2020IA No. 51/2020 in Original Application No. 39/2020

Case brief

AI extract

What is this about?

Tribunal directed a joint committee of CPCB, State PCB, SEIAA, and District Magistrate to examine illegal construction 'Finswell' undertaken without requisite Environmental Clearance. Court noted ex-post facto clearance is impermissible and ordered remedial action.

What did the court decide?

Constitution of a joint committee to investigate illegal construction and take remedial action.

Mr. Ram Baban Borkar vs Chief Secretary Government of… — Environment and Pollution | NGT (2020)

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Item No. 02 (Pune Bench)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 39/2020 (WZ) (I.A. No.51/2020)

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Ram Baban Borkar Applicant

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Versus

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The Chief Secretary-GoM & Ors.

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Respondent(s)

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Date of hearing: 15.12.2020

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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For Applicant: Mr. Nitin Lonkar, Advocate

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ORDER

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On request of learned counsel for the applicant, para 1 of the synopsis starting from “Most corrupt practices of regularization of illegal construction …………….. failure on the part of the institutions” will stand deleted. The office may carry out necessary correction in the record.

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Grievance in this application is against illegal construction by M/s L.M.S. Realty, Pune in constructing the building project “Finswell” on Survey No. 208/1A Lohegaon, Viman Nagar, Taluka-Haveli, District Pune, on the basis of building sanction plan without requisite Environmental Clearance (EC). EC was obtained subsequently on 02.02.2019. Ex-post facto EC is not legally permissible in view of law laid down by the Hon’ble Supreme Court in Keystone Realtors Private Limited v. Anil V. Tharthare and Ors., (2020) 2 SCC 66 and Alembic

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Pharmaceuticals v. Rohit Prajapati (2020) SC Online 347. The Ex-post facto EC deprives the authorities of assessment of impact of constructions and confronts the authorities with fait-accompli . Thus, the construction has either to be demolished or assessment and recovery of compensation has to be made.

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In view of above, the matter needs to be looked into by the concerned departments in the first instance and remedial action taken in exercise of their statutory power, following due process of law. The status and action taken report may thereafter be submitted to this Tribunal for consideration. We constitute a joint Committee comprising Central Pollution Control Board (CPCB), State PCB, the State Environment Impact Assessment Authority (SEIAA), Maharashtra and the District Magistrate, Pune to look into the matter and take appropriate remedial action in exercise of their statutory powers, following due process of law and furnish a report to this Tribunal within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.

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The applicant may serve a set of papers on the CPCB, State PCB, SEIAA, Maharashtra and District Magistrate, Pune and file an affidavit of service within one week.

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A copy of this order be forwarded to the CPCB, State PCB, SEIAA, Maharashtra and District Magistrate by e-mail for compliance.

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In view of above order, no order is called for on I.A. No. 51/2020 at this stage which will stand disposed of.

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List for further consideration on 22.03.2021.

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Adarsh Kumar Goel, CP

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Sheo Kumar Singh, JM

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