NGT sets aside order revoking environment clearance issued to Chandigarh Berkeley complex

Dushyant Singh Pundir

Chandigarh, September 13

The National Green Tribunal (NGT) has set aside the State Environment Impact Assessment Authority (SEIAA) order revoking the Environmental Clearance (EC) issued to Berkeley Realtech Ltd.

In its order dated August 25, the SEIAA had revoked the EC issued to Berkeley Realtech Ltd with immediate effect and directed the Chandigarh Pollution Control Committee (CPCC) to take appropriate action against the commercial complex in compliance with the office memorandum issued by the Ministry of Environment, Forest, and Climate Change on July 7, 2021.

The CPCC had issued a show-cause notice to Berkeley Realtech Ltd on July 14, claiming that it had been running DG sets without consent and authorisation. Besides, conditions were violated as annual returns had not been submitted properly. On top of that, there were also issues like the non-maintenance of log books and the setting up of a body shop for four-wheelers along with a paint booth, thereby generating hazardous waste without consent.

According to the NGT, the order was passed by the SEIAA first on the grounds that prior wildlife clearance had not been obtained before operating the project. Secondly, the project was launched without prior clearance, as the department had been led to believe that the built-up area was fewer than 20,000 square metres.

Though an undertaking was submitted that no violation shall be repeated in future, the proponent has changed the scope of work by adding a restaurant, a service station, and a paint booth. Lastly, though EC was granted for the installation of two DG sets of 600 KVA and another set of 320 KVA, but in reality, the proponent has installed two DG sets of 320 KVA and two DG sets of 62.5 KVA, increasing the number of sources of emission and the consequent increase in pollution.

The counsel for the appellant urged that before passing the order, the matter ought to have been considered by the State Environment Appraisal Committee (SEAC) and on its recommendations, a decision could have been taken by the SEIAA but here notice has been issued by the SEIAA not in respect of the dissenting view to the recommendation of the SEAC but on its own. Further, no show cause notice was issued by the SEIAA, prior to the revocation of the EC.

“Since we are of the view that principles of natural justice have not been complied with in passing the impugned order dated August 25, 2023, the same cannot be sustained. The impugned order is hereby set aside,” stated the NGT.

Now, it shall be up to the SEIAA to give a fresh notice to the appellant, referring to the alleged violations or non-compliance, and to give a reasonable opportunity of placing its defence on those grounds, and thereafter, pass a fresh order in accordance with law, stated the NGT. It added that this exercise shall be completed by the SEIAA within three months.

“Proceedings pursuant to a show-cause notice dated July 14, are pending before the CPCC, and to date, no final decision has been taken. In our view, it would be appropriate for the CPCC to finalise the proceedings expeditiously and, in any case, within three months from the date of communication of this order,” ordered the NGT.

It may be recalled that the Chandigarh Administration had recently sealed the building of the company for violating environment-related norms.

Show-cause notice had been issued to company

The CPCC had issued a show-cause notice to Berkeley Realtech Ltd on July 14, claiming that it had been running DG sets without consent and authorisation. Besides, conditions were violated as annual returns had not been submitted properly. On top of that, there were also issues like the non-maintenance of log books and the setting up of a body shop for four-wheelers along with a paint booth, thereby generating hazardous waste without consent