News: Environment clearance to Panchkula's Amravati Enclave illegal: NGT-12-01-2022
A NGT bench comprising its chairperson Justice Adarsh Kumar Goel, judicial members Justice Sudhir Agarwal and Justice Brijesh Sethi and expert member Dr Nagin Nanda has passed these orders while hearing an application filed by Ramesh Malik and others.
CHANDIGARH: In a significant order which may trouble residents of Amravati Enclave, a housing project located on the outskirts of Panchkula city, National Green Tribunal (NGT) has held the clearance given by State Environment Impact Assessment Authority (SEIAA), Haryana, in favour of Amarnath Aggarwal Investments (P) Limited on January 5, 2021, illegal and issued notice to the company that was the project proponent seeking its reply.
The firm is owned by the family of Panchkula mayor Kulbhushan Goyal.
A NGT bench comprising its chairperson Justice Adarsh Kumar Goel, judicial members Justice Sudhir Agarwal and Justice Brijesh Sethi and expert member Dr Nagin Nanda has passed these orders while hearing an application filed by Ramesh Malik and others.
The petitioner had submitted SEIAA was not competent for grant of such environment clearance (EC) in view of the general condition appended to under entry 8 (b) of the schedule to the EIA Notification, 2006, for the project.
The general condition provides if there is a wildlife sanctuary within 10 km of the project, the project will be treated as category A and require approval of ministry of environment, forest and climate change. There are two sanctuaries at a distance of 3.90 km and 1.6 km, Bir Shikargah and Khol-Hai-Raitan, the applicant had submitted.
The tribunal was informed that the earlier environment clearance had expired on March 24, 2017. “Fresh one had been granted under the Wildlife (Protection) Act, 1972. The project proponent applied for environment clearance on November 3, 2020, which was forwarded to SEAC, which accepted and SEIAA granted the clearance on January 5, 2021, which is illegal,” the applicant said.
DG, Town and Country Planning has given approval for the projects, as revised building plans.
When the matter came up for hearing before the tribunal on March 25, 2021, a joint committee of SEIAA and chief wildlife warden was directed to examine the matter and take action. When the authorities failed to comply, the applicant filed a plea before the tribunal seeking execution of the orders.
The tribunal on June 15, 2021, directed SEIAA and chief wildlife warden to file a status report in the matter.
When the matter came up for hearing before NGT, SEIAA sought time for constitution of a fresh committee.
Miffed, NGT observed it could not find any justification for SEIAA stand. “If it has granted EC, it cannot plead lack of clarity. Grant of EC and lack of clarity are contradictions in terms. If it is not clear whether EC could be granted, we fail to understand how it is allowed to continue. In environmental issues, doubt about legality cannot be ground to permit a project,” the tribunal observed.
