NGT quashes EC to luxury project in Bengaluru, orders immediate demolition

The National Green Tribunal Friday quashed the environmental clearance (EC) granted to a high-rise luxury project by Godrej Properties Limited and Wonder Projects Development Private Limited in Bengaluru and directed its immediate demolition. The green panel also imposed a penalty of Rs 31 crores on the project proponent and said the amount shall be used for demolition of the constructions, restoration of the area to the original position, rejuvenation, and reforestation of the ―Kaikondarahalli lake and its surrounding area. A bench headed by NGT Chairperson Justice Adarsh Kumar Goel also imposed a cost of Rs 10 lakh on Bruhat Bengaluru Mahanagara Palike (BBMP)which allowed construction/alteration of Storm Water Drain passing through the project site illegally.

“EC dated January 10, 2018, is quashed,” the bench said.

The order came on a petition filed by Bengaluru resident HP Rajanna against the project, Godrej Reflections, being built at Kasavanahalli village in Varthur Hobli in Battleground Urban district.

Noting that the construction raised by the project proponent commenced even before granting of Consent to Establish by Karnataka State Pollution Control Board (KSPCB) and in violation of conditions of EC, the NGT directed that the constructions made on-site shall be demolished immediately.

“We impose compensation for damage to the environment as 10 percent of the cost of the project. The cost of the project mentioned in the application submitted for grant of EC was Rs 310 crores, hence the project proponent is directed to pay Rs 31 crores. “This amount shall be used for demolition of the constructions as per direction (ii), restoration of the area to the original position, rejuvenation, and reforestation, etc. of the ―Kaikondarahalli lake and its surrounding area,” the bench said.

The tribunal said the penalty shall be utilized by preparing a restoration plan by the said authority with the assistance of the BBMP, KSPCB, and Central Pollution Control Board (CPCB). Restoration plan shall be executed by State Wetland Authority and BBMP which may also be overseen by KSPCB and CPCB, it said.

The restoration plan is prepared within two months and executed within one year, the NGT said while making it clear that if any amount remains available after undertaking the restoration work, the same will be utilized by the Wetland Authority for maintenance and beautification of the lakes in question. “If the amount is found to be deficient, the deficiency will be made up by BBMP. If any question remains unresolved, but in the authorities, the National Wetland Authority is directed to resolve the same,” the bench said.

The tribunal said the confidence of the project proponent in proceeding ahead at different levels without caring for Statuary Provisions, Procedures and Environmental Laws, supported by some of the statutory authorities is evident by the conduct of senior officers of various departments who were appointed members of the Committee by Tribunal and Environment Ministry, yet they defied the same. “It appears that in a concerted way, some officials have acted to somehow justify patent illegality and bold defiance of law on the part of the project proponent.

“ Clearly, there is an evident lack of bonafide on the part of the officials and this conduct deserves to be strongly condemned. We will request Secretary, MoEF (Ministry of Environment and Forest) to look into the matter and take appropriate action against such erring officials,” the bench said.

Rajanna challenged a State Environment Impact Assessment Authority order dated January 10, 2018, granting an EC to the project at survey nos. 61/2, 62, and 63/2, Kasavanahalli Village, Varthur Hobli, Bengaluru East Taluk, and Bengaluru district.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)