Order of the National Green Tribunal regarding damage to water bodies during the construction of a housing project, Pune, Maharashtra, 11/06/2021
Order of the National Green Tribunal in the matter of Nirmala Baburao Surapaneni & Others Vs Union of India & Others dated 11/06/2021.
Grievance in the application is against damage to a rain water drain and a well, in the course of construction of a housing project by M/s. Raviraj Creative Associates at Pune. According to the applicants, the project in question has been set up with the approval of the Slum Rehabilitation Authority (SRA). The above two natural water bodies are part of the project.
The project proponent was granted Environmental Clearance (EC) but existence of these water bodies was neither disclosed nor factored in. It was only after the overflow of the water into the house of the applicants on October 14, 2020 that these facts have come to light. Further, the EC does not permit damage to the natural water bodies. The court was informed that the drain was part of the development plan of the Pune Municipal Corporation (PMC) and thus it could not be covered by the project.
The NGT said that prima-facie the water bodies in question need to be duly maintained and restored by the project proponent M/s. Raviraj Creative Associates, Pune to be overseen by the District Magistrate, Pune, Department of Drainage, Maharashtra, State Level Environment Impact Assessment Authority (SEIAA) Maharashtra and the PMC.