The National Green Tribunal (NGT) on Tuesday imposed an environmental compensation of Rs 113.25 crore on a Noida-based property developer for violating environmental norms in a township project in Ghaziabad and Gautam Buddha Nagar.
The violations include illegal extraction of groundwater and “false/false” information provided by the project proponent while applying for environment clearance for the ‘Wave Hi-Tech Township’ project. The project proponent is M/s Uppal Chadha Hi Tech Developers Pvt Ltd, Noida.
The NGT order said that records show that the total project area is 4,494.31 acres spread over 14 villages in Ghaziabad and Gautam Buddha Nagar districts.
The Principal Bench of the NGT noted that the environmental compensation was being calculated at 0.75 per cent of the total project cost of Rs 15,103.74 crore as shown by the project proponent in June 2011. An amount of Rs 113.25 crore is to be deposited with the Uttar Pradesh Pollution Control. Board (UPPCB) for Restoration of Environment. The UPPCB has also been directed to “take appropriate action to initiate criminal proceedings against the proposer”.
The order states: “…on the one hand, it is clear that certain information was not disclosed correctly by the PP (project proponent) on obtaining the EC (Environment Clearance) on 31.07.2014, but the said EC has never expired and continues till 30.07.2025.” The NGT has directed the SEIAA (State Environment Impact Assessment Authority) to re-consider the environment clearance “due to incorrect/incorrect information provided by the PP in its application…”.
The proponent of the project was also found violating the conditions of environment clearance. The order states that one of the general conditions of environment clearance is that trees shall not be cut without the permission of the Forest Department.
“In the present case, PP repeatedly violated the above conditions. It is admitted by PP that in 2015, he was found guilty of illegally felling trees and violating the UP Tree Preservation Act, 1976.
A joint committee constituted by the NGT to look into the matter had recommended environmental compensation for illegal extraction of groundwater during the construction phase from January 2016 to August 2021. The NGT order also said: “We are of the categorical view that the PP does not have any NOC (No Objection Certificate) for extraction of ground water on and after 08.05.2021.”
The project proponent had mentioned that it sold 12,090 units, and possession letters were issued for 6,038 units in the township. At the time of inspection by the Joint Committee in 2019, about 40 to 50 families were living in the township developed under the first phase of the project. It was also found that no sewage treatment plant was operational.
The proposer had submitted that it is “a reputed developer and current project of Smart City ‘Wave City’, being developed with a commitment to provide a hi-tech city, a self-sustainable planning structure and an eco-friendly environment”. The State Government introduced a Hi-Tech Township Policy, 2003 for the development of Hi-Tech Townships in various cities of Uttar Pradesh. Ghaziabad Development Authority (hereinafter referred to as ‘GDA’) and Ghaziabad A Memorandum of Understanding (hereinafter referred to as the ‘MoU’) was executed between the proponents of the development of such Hi-Tech Township.
The petitioner had filed an application before the NGT in 2019 alleging felling of trees, groundwater extraction and construction without necessary approvals.