Disposed

Ambuja Neotia Teesta Development Pvt. Ltd. v. State Environment Impact Assessment Authority

NGT2 Feb 2024Original Application No. 24/2024

Case brief

AI extract

What is this about?

The National Green Tribunal directed the State Environment Impact Assessment Authority to decide the Applicant's pending representations regarding environmental clearance for a residential complex within one month, without adjudicating the claim on merit.

What did the court decide?

Direction to the State Environment Impact Assessment Authority to decide the Applicant's pending representations within one month.

Ambuja Neotia Teesta Development Pvt. Ltd. vs State… — Environment and Pollution | NGT (2024)

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Item No.01

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.24/2024/EZ

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IN THE MATTER OF :

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Ambuja Neotia Teesta Development Pvt. Ltd., Through its Chairman, Ecospace Business Park, Block-4B, 6^th Floor, Premises No.IIIF/11, Action Area-II, New Town, Kolkata, Pin – 700160,

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…Applicant(s)

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Versus

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State Environment Impact Assessment Authority Through the Member Secretary, Prani Sampad Bhawan, LB-2, Sector-II, Bidhannagar, Kolakta, Pin – 700106,

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…Respondent(s)

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Date of hearing: 02.02.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Samrat Sen, Sr. Advocate a/w Ms. Paushali Banerjee Mr. Snehasish Sen, Advocates

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ORDER

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Heard Mr. Samrat Sen, learned Senior Counsel assisted by Ms. Paushali Banerjee and Mr. Snehasish Sen, learned Counsel for the Applicant.

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This Original Application has been filed by the Applicant, alleging inaction on the part of the State Environment Impact Assessment Authority (‘SEIAA’ for short), West Bengal, to process the application SIA/WB/INFRA2/2022 for grant of Environmental Clearance to the proposed residential complex at Plot No.HIG-1, Utsodhara, Teesta Township, J.L. No.02, Mouza-Dabgram, Block-

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Rajganj, P.S.-New Jalpaiguri, P.O.-Satellite Township, Pin – 734015.

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It is stated that the land in question is below 50 hectares threshold limit and was allotted to Ambuja Housing and Urban Infrastructure Company Limited and was leased out to the Applicant by the Urban Development Department.

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It is stated that on 04.05.2018 a Letter of Intent (LoI) was issued by the West Bengal Housing Infrastructure Development Corporation Ltd. and permissible possession certificate for 84.418 acres equivalent to 3,41,627.48 square meters of Government land at Siliguri for development of Teesta Theme City Project was issued to the Applicant. Subsequently, the land area was reduced to 81.19 acres (32.86 hectares) pursuant to a joint survey.

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It is stated that Applicant has submitted Master Plan and Detailed Project Report to the Siliguri Jalpaiguri Development Authority for approval.

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It is also stated that on 08.12.2022 the Divisional Forest Officer has issued No Objection Certificate in favour of the Project.

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It is stated that in January 2022, the Applicant on 19.01.2023 has submitted an online application for grant of Environmental Clearance for the HIG-I Project having a built-up area of 61,805.40 square meters for B plus ground plus thirteen storeyed building.

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It is stated that on 08.02.2023 the State Level Expert Appraisal Committee (‘SEAC’ for short) raised certain queries with the Applicant which were clarified by the Applicant vide letter dated 09.03.2023 and thereafter the SEAC recommended the project of proposed residential complex “Utsodhara HIG-1”.

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It is stated that the Applicant applied for grant of Environmental Clearance before the SEIAA, West Bengal, but no order has been passed thereafter. It is stated that the Applicant also submitted representations dated 20.04.2023, 15.05.2023, 07.06.2023 and 13.09.2023 to the SEIAA, West Bengal, but no orders have been passed.

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We are of the view that no useful purpose will be served by keeping the matter pending. We, therefore, dispose of the present Original Application with a direction to the SEIAA, West Bengal, to decide the Applicant’s representations dated 20.04.2023, 15.05.2023, 07.06.2023 and 13.09.2023 in accordance with law within a period of one month.

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It is also made clear that the Tribunal has not adjudicated the claim of the Applicant on merit.

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Mr. Dipanjan Ghosh, learned Counsel who is present in Court, accepts notice on behalf of the SEIAA, West Bengal.

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The Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Mr. Dipanjan Ghosh within 48 hours.

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I.As. if any, stand disposed of accordingly.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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February 02, 2024, Original Application No.24/2024/EZ AK

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Ambuja Neotia Teesta Development Pvt. Ltd. v. State Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

Ambuja Neotia Teesta Development Pvt. Ltd. v. State Environment Impact Assessment Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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