Application regarding alleged illegal ground water extraction for mall construction joined cited rejected due to lack of evidence in verified committee reports confirming treated water use.
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Court No. 1
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 808/2022
Joginder Kumar Lamba
Applicant
Versus
State of Uttar Pradesh & Ors. Respondent
Date of hearing: 04.09.2023
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Harish Kumar Gupta, Advocate
Respondent: Mr. Amit Singh Chauhan, Adv. for CPCB
ORDER
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“xxx ………………………………xxx………………………………….xxx
4. The joint Committee may hold its first meeting within two weeks, undertake visit to the site and on verification of facts, take further action. An action taken report specifying the permission granted by Ground Water Board, if any, conditions stipulated therefor, compliance status of such conditions, action for non compliance on polluter pays principle or otherwise, source of water used in construction activities and its extent, turnover of the projects in question and such other relevant aspects as may be found necessary may be filed by e-mail within two months at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If violations are found, the PPs may be put to notice of these proceedings and copy of report furnished to them by email for their response, if any, to this Tribunal, before the next date. Needless to say that if the PPs do not comply with the law, NOIDA and other Authorities are expected to stop the project.”
“xxx ………………………………xxx………………………………….xxx
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1. Treated water collected in tanks of approx. 500 KL capacity is lifted through pumps for purposes of construction work. The tanks are already constructed in the premises of the project areas, which was verified during inspection.
2. During the inspection of Joint Committee, no tube well/ bore well was observed within the premises and it was informed by the PP that no tube well exists in their premises since possession of the plot.
3. Shri Sagar Saxena, representative of project, has informed that, the treated water have been purchased from STP of Noida Development Authority, Sector 50 Noida, and it was transported through tankers. The total treated water consumed/ used is approximately 31,558 Kiloliter during the construction at site Spectrum@Metroin Phase-I & II from April 2019 to 2022.
As informed by PP, 18,505 Kiloliter of treated water was used for construction process (Curing, Brick Work, Plaster and flooring). There was no consumption of STP water for RMC / Concrete Mixing because the activity of RMC is being outsourced.
Apart from construction, 13,053 Kiloliter of STP water is used for dust mitigation at site as well as on road.
Item wise breakup of water requirement Vs treated water is furnished and placed at Annexure-3.
4. Noida Authority in its reply dated 29-03-2023 to Hon'ble NGT in this matter to authenticate genuineness of the sources of water for construction (quantity of treated water, receipt no, receipt date, tanker capacity, treated water lifted etc.) has clarified that, the total of 40,000 Kiloliter treated water have been purchased from the Noida Authority out of which total 31,558 Kiloliter have been lifted/ supplied to M/s Aims Max Gardenia Developers Pvt. Ltd., Plot no. A, B, C & D, Eco city, Sector-75, Noida. The details of verified documents related to supply of treated water is annexed as Annexure-4.
5. For water requirement of operational phase, Project Proponent has obtained water connection from Noida Authority and has installed water storage tank in the premises. The representative of the Project informed that an underground water storage tank with ample capacity is constructed for operational section of mall.
2.3. Conclusion
In view of above fads and figures provided by Project Proponent and Noida Authority, Committee is of the opinion that Project Proponent namely M/s Aims Max Gardenia Developers Pvt. Ltd., Plot no. A, B, C & D, Ecocity, Sector-75/ Nokia had used treated STP water amounting to 31,558 Kiloliter for the purpose of construction and dust controlling and the same has been verified by the submission made by Noida authority with
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the records available for sale of STP water to project proponent.”
Prakash Shrivastava, CP
Sudhir Agarwal, JM
Dr. A. Senthil Vel, EM
September 04, 2023 Original Application No. 808/2022 DV
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2 issues framed by the court
Whether any material on record establishes illegal extraction of ground water by the developers for construction.
Whether the joint committee report provides sufficient independent verification of treated water usage.
Joginder Kumar Lamba
State of Uttar Pradesh
Aims Max Gardenia Developers Pvt. Ltd.
Spectrum Mall, NOIDA, UP
Prakash Shrivastava
Sudhir Agarwal
A. Senthil Vel
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
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