Pune: The National Green Tribunal (Western Zone Bench) has recorded an environmental compensation assessment of Rs 7.36 crore against a Pune-based residential commercial building project proponent for construction carried out without prior Environmental Clearance (EC), and directed authorities to proceed with damage assessment and penalty action under the applicable violation framework. The project proponent has been directed to deposit the amount within 2 months of the order that shall be utilized by the MPCB for improvement of the environment in the area in question.The order came in the application filed by one Tanaji Balasahib Gambhire on February 17.TOI contacted the counsel of a project proponent however, he refused to make any comment.The applicant alleges had alleged that Construction began after September 16, 2006 in which the Total Built-Up Area (BUA) exceeded 20,000 sq. m and Under EIA Notification 2006, prior EC was mandatory. But the builder did NOT obtain EC before starting construction. There were further allegations that the builder split the project into two phases (City-I and City-II) to avoid crossing the 20,000 sq. m. threshold — even though it was actually one integrated project.A Joint Committee constituted by the tribunal, which submitted its report on 23rd August, 2020, had said that construction activity was undertaken without prior EC and without securing Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.The project proponent argued that the application was barred by limitation under Section 15 of the National Green Tribunal Act, 2010, contending that the cause of action arose in 2007–08 when building plans were sanctioned. It also maintained that the development comprised two separate projects on distinct plots and that the EC threshold did not initially apply to one of them.In its operative part, the tribunal held, “Affidavits filed by Respondent No.9-PMC, it is quite clear that both City-I and City-II are treated to be a separate project which have been granted layout sanction separately. All the other amenities and facilities are also said to be separate for these two projects. All the permissions, which are taken from the appropriate authorities, are found to be separately taken, therefore, to say that these two projects form part of one single integrated project, as alleged by the applicant, is not found to be correct and we treat them as two separate projects.“We have also come to the conclusion that the Project’s City-II being a smaller project as of now, as the total BUA of the construction does not exceed 20,000 Sq. Mtrs. threshold limit, hence the same would not require any prior EC as of now. Therefore, it requires to be considered by us at this stage as to whether the violation has been committed by the PP by going ahead with the City-I project without prior EC.In its operative directions, the tribunal directed regulatory authorities to proceed in accordance with the MoEF&CC violation framework and Standard Operating Procedure, including preparation of remediation and community resource augmentation plans and assessment of environmental compensation. The Maharashtra Pollution Control Board was directed to proceed with action regarding violations under the Water and Air Acts, while the Pune Municipal Corporation was to verify built-up area and compliance with sanctioned plans.In its order, the tribunal noted that the Joint Committee had computed environmental compensation of Rs 7.36Cr by applying the CPCB formula for violations of the Water and Air Acts during the five-year period preceding filing of the application.The Committee had also placed an alternative computation of Rs 16.97 crore on record, considering the entire period of violation from commencement of construction in 2008. The tribunal left quantification and imposition of compensation to the competent authorities in accordance with statutory procedure.
