SC Upholds NGT Order Imposing Damages Of Rs. 100 Crore On Real Estate Developer For Violating Environmental Clearance [Read Judgment]
Live LawUpholding a National Green Tribunal Order, the Supreme Court imposed damages of Rs.100 crores or 10% of the project cost, whichever is higher, on Goel Ganga Developers India Pvt. Ltd. for raising construction in violation of the Environmental Clearance.The bench comprising of Justice Madan B. Lokur and Justice Deepak Gupta also upheld the fine imposed upon the PMC and the direction given to. We uphold the original order dated 27.09.2016 holding that the construction raised by the project proponent was in violation of the environmental clearance granted to it on 04.04.2008. We also uphold the direction given to the Chief Secretary to the State of Maharashtra and in addition, direct that the Chief Secretary to the State of Maharashtra shall look into the conduct of the official holding the post of Principal Secretary to the Government of Maharashtra on 27.09.2016 and will submit his report to the NGT within three months from today; We impose damages of Rs.100 crores or 10% of the project cost, whichever is higher on the project proponent and in addition thereto, project proponent will pay Rs.5 crores as levied by the NGT in its order dated 27.09.2016; Project proponent shall not be permitted to raise construction of two buildings having 454 tenements; We direct that the project proponent shall only be permitted to complete construction of a total 807 flats, 117 shops/offices and cultural centre including clubhouse; The project proponent will only be permitted to seek environmental clearance for completion of the project subject to payment of costs in the aforesaid terms and it may be granted ex post facto environmental clearance in the peculiar facts of the case, on such terms and conditions as the environmental authority deems fit and proper; The project proponent is granted six months’ time to deposit the amount of damages imposed in terms of direction no.