The National Green Tribunal (NGT) has imposed an environmental compensation of ₹68.51 lakh on a builder for construction in the green area of a Gurugram housing complex.
A Bench headed by NGT Chairperson Justice Adarsh Kumar Goel directed the developer to deposit the amount with the Central Pollution Control Board within one month.
“Powers of regulatory authorities were required to be exercised in accordance with these principles. Environmental Impact Assessment procedure was required to be duly followed. The Deed of Declaration filed by the builder in 2009 showed the spot to be an open area which was the basis on which the flats were allotted prior to 2010,” the Bench observed.
Noting that out of a 10.98 acre land meant for the project, construction took place on a 3.05 acre land, the Bench said, “[space meant for] 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.”
The directions came following a report furnished by the Ministry of Environment, Forests and Climate Change (MoEF&CC) recommending environmental compensation to be paid by the builder.
The Tribunal was hearing a plea moved by petitioner Anil Uppal and others who alleged that a housing complex in Gurugram developed by the Ambience Developers and Infrastructure Private Limited had carried out construction on an area meant for green space.
“Open areas in the colony are shrinking. Groundwater extraction was excessive. The builder had undertaken construction on designed open spaces, blocking fresh air and sunlight. The approved zoning plans are required maintaining at least 15% of the total areas as open space,” the plea had said.
