The Supreme Court has ordered status quo on a National Green Tribunal (NGT) order quashing the environmental clearance (EC) granted to a high-rise luxury project by Godrej Properties Ltd. and Wonder Projects Development Pvt. Ltd. in Bengaluru and directing its immediate demolition.
A Bench of Chief Justice N.V. Ramana and Justice Surya Kant issued notice to the Centre, the State government, Bangalore Development Authority, Bruhat Bengaluru Mahanagara Palike (BBMP), and others and sought their response in four weeks. “In the meantime, status quo, as it exists today, shall be maintained by the parties,” the Bench said. The direction came on an appeal filed by Godrej Properties and Wonder Projects Development challenging the NGT’s July 30 order.
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The green panel had imposed a penalty of ₹31 crore on the project proponent and said the amount should be used for demolition of the constructions, restoration of the area to the original position, and rejuvenation and reforestation of Kaikondarahalli lake and its surrounding area.
The NGT had also imposed a cost of ₹10 lakh on the BBMP which allowed the construction/alteration of a storm-water drain passing through the project site illegally.
The order had come on a petition filed by Bengaluru resident H.P. Rajanna against the project, Godrej Reflections, being built at Kasavanahalli village in Varthur hobli.
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This was the second time the NGT quashed the EC. The apex court had earlier set aside the NGT order quashing the environmental clearance granted to the project.
Noting that the construction raised by the project proponents had commenced even before the grant of Consent to Establish by the Karnataka State Pollution Control Board and in violation of the conditions of the EC, the NGT had directed that the constructions made on the site should be demolished immediately. “We impose compensation for damage to the environment as 10% of the cost of the project. The cost of the project mentioned in the application submitted for grant of EC was ₹310 crore...,” the green panel had said.
The green panel had also ruled that the construction would fall within the buffer zone of Kaikondarahalli lake and was therefore violative of the zoning laws. The top court had asked the NGT to reconsider the matter and said that no construction shall be put up in the meanwhile.