Disposed

Mansi Chahal v. Govt. of N.C.T. of Delhi

NGT5 Dec 2022Original Application No. 298/2022

Case brief

AI extract

What is this about?

Applicant challenged environmental violations by T&T Group during construction. Inspecting committee found partial consent compliance and sewage issues. Tribunal directed proponent to obtain Consent to Operate, treat sewage, and manage waste.

What did the court decide?

Project proponent directed to obtain Consent to Operate, ensure sewage treatment for labour hutments, and properly process solid and construction waste.

Mansi Chahal vs Govt. of N.C.T. of Delhi — Environment and Pollution | NGT (2022)

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Item No. 05

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 298/2022

Mansi Chahal

Applicant

Versus

Government of NCT of Delhi & Ors.

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Respondent(s)

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Date of hearing: 05.12.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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ORDER

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Grievance in this application is against violation of environmental norms by respondent no. 6, T&T Group, Noida, engaged in construction of building projects at Siddhartha Vihar, Ghaziabad, the Project Proponent (PP). It is stated that the PP has put up 50 boards in NCR, as follows:-

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“ DESPITE 1 GLOBAL CRISIS DESPITE 2 COVID LOCKDOWNS DESPITE 3 NGT BANS ON CONSTRUCTION ”

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The PP is operating without requisite consents under the Air (Protection and Control of Pollution) Act, 1981 and the Water (Protection and Control of Pollution) Act, 1974 and also extracting groundwater without any permission.

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Vide order dated 28.04.2022, the Tribunal sought a factual report from a joint Committee of CPCB, DPCC and UPPCB. In pursuance of above, joint inspection report has been filed on 09.11.2022 by the Committee with the following observations and recommendations:-

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“ Observations made during the joint inspection are as follows:

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(i) As stated earlier, Out of the above sited five projects, construction of three towers out of proposed five has been done at only 01 site GH-01. Construction work is yet to be initiated for three projects viz. GH-01, SP-06 and SP-07. Construction work is under process in one site i.e. GH-01.

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(ii) M/s T and T Infrazone Pvt. Ltd. has obtained Consent to Establish for all five projects from Uttar Pradesh Control Board.

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(iii) Environmental clearance (EC) was obtained for all five projects from State Level Environmental Impact Assessment Authority, Directorate of Environment, Uttar Pradesh.

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(iv) During the visit, no ongoing construction work was observed, however labour settlement was found at one site (SP-07) wherein facility of sewerage management was absent.

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(v) Treated wastewater from STP being used for the purpose of construction at site GH-01 and SP-03. The copy of MoU with UP Jal Nigam and records of Log book is attached as Annexure-II. No borewells were found on plot numbers GH -01 and SP -03.

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(vi) As per the documents provided by project proponent, construction activity remained closed at the project site (SP-03) as per NGT directions and Covid.

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Guidelines:

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*S.No*	*Order*	*Period*
a)	Directions of Hon'ble NGT	09.11.2019 to 09.12.2019
b)	As per Guidelines during COVID	21.03.2020 to 08.06.2020
c)	Directions of Hon /1)1e NGT	04.11.2020 to 21.12.2020
d)	Directions of Honible NGT / Supreme Court	16.11.2021 to 20.12.2022

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Recommendations:

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i) In case of plot number SP-03, where application for completion certificate has been made for two projects the Project Proponent should obtain Consent to Operate under the provisions of Air (Protection and Control of Pollution)

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Act, 1981 and the Water (Protection and Control of Pollution) Act, 1974 before generating any third-party rights with regards to giving physical possession of flats.

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ii) Project proponent should ensure adequate treatment and disposal of sewage generated from labour hutment at Plot No. SP - 07. ”

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We have considered the matter and accept the report. We direct further action in accordance with the recommendations in the report Projects must have requisite CTO and maintain sanitary conditions for labour hutments. Treated sewage be utilized for secondary purpose in the completed projects site(s) as well as for construction activities to the nearby projects at GH-I. Simultaneous, solid waste generated from three completed projects and construction waste from GH-I if generated, be properly processed and managed. This may be overseen by the UPPCB.

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The application is disposed of.

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A copy of this order be forwarded to T&T Group, Noida and the UPPCB for compliance by email.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM

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Dr. Afroz Ahamd, EM

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December 05, 2022 Original Application No. 298/2022 A

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Mansi Chahal v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

Mansi Chahal v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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