New Delhi, January 14
The National Green Tribunal (NGT) has slapped a penalty of Rs 68.51 lakh on a builder for construction in the green area in a housing complex in Gurugram in violation of environmental laws.
A Bench headed by NGT Chairperson Justice Adarsh Kumar Goel asked the builder to deposit Rs 68,51,250 to the Central Pollution Control Board within a month. The tribunal said any approval granted without considering the impact on the environmental rights of persons to whom the flats were allotted is against the Sustainable Development and Precautionary Principles required to be enforced by it.
“Powers of regulatory authorities was required to be exercised in accordance with these principles. The Environmental Impact Assessment procedure was required to be followed. The Deed of Declaration filed by the builder in 2009 showed the area to be an open area which was the basis on which the flats were allotted prior to 2010,” the Bench said.
The NGT said, “Out of 10.98 acre land which was meant for the project in question, only 7.93 acre was used and the remaining 3.05 acre, which was an open area, was converted into covered area for a commercial tower, irreversibly taking away the rights to ecological services of the persons to whom the flats were allotted.”
According to the applicants, Ambience Lagoon Apartment was a housing complex at National Highway No. 8, Gurgaon, Haryana developed by Respondent No. 6, Ambience Developers & Infrastructure Private Limited. “Open areas in the colony are shrinking. Ground water extraction was excessive. Air quality was getting deteriorated. The builder had undertaken construction on designed open spaces, blocking fresh air and sunlight. The approved zoning plans required maintaining at least 15 per cent of the total area as open space. National Building Code of India, 2005 also requires minimum horizontal space between existing and new building,” the petitioners said. —PTI
Construction on green area irks residents
- The tribunal was hearing a plea filed by Gurugram residents Anil Uppal and others seeking action against the builder for construction on the green/open area in a housing complex
- They said open areas in Ambience Lagoon Apartment complex were shrinking, ground water extraction was excessive and air quality was deteriorating
- The builder had undertaken construction on designed open spaces, blocking fresh air and sunlight
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