Judgment of the National Green Tribunal regarding flouting of environmental laws in the construction of Sushant Lok, Phase I, Gurgaon, 04/07/2022

  • 04/07/2022

Judgment of the National Green Tribunal in the matter of Praveen Kakar & Others Vs Ministry of Environment, Forest and Climate Change & Others dated 04/07/2022.

Three applicants (Praveen Kakar, J C Kalra and D K Pant) filed an application before the NGT regarding M/s. Ansal Properties and Infrastructure Ltd. alleged encroachment and sale of a substantial part of land - comprising about 45% of the construction project, meant for parks and roads in Sushant Lok, Phase I, Gurgaon. This was in violation of  environmental laws, causing degradation to the environment.

The bench of Justices Adarsh Kumar Goel, Sudhir Agarwal, Pushpa Sathyanarayana and Expert Member A. Senthil Vel of the NGT directed the project proponent - Ansal Properties & Infrastructure Ltd to pay environmental compensation of Rs. 153,50,62,892.

The environmental compensation has been computed for the following flouting of environmental norms:

  • For discharge of untreated or partially treated sewage in storm water drain directly. For illegal extraction of ground water
  • For violation of provisions relating to EC/consent to Establish and consent to operate
  • Compensation for other violations like encroachment/non maintenance of green belt, non-observance of Construction and Demolition Waste Management Rules, 2016 and Solid Waste Management Rules, 2016, violation in respect of rain water harvesting system.
Sushant Lok Residents Welfare Association (SLRWA) has been directed by the Tribunal to take necessary steps in consultation with Haryana State Pollution Control Board (HSPCB), Municipal Corporation Gurugram (MCG) and Haryana Shahari Vikas Pradhikaran (HUDA) for discharge of sewerage, complying/maintaining the prescribed standards under Water Act 1974.
In addition, HSPCB, MCG and District Magistrate, Gurugram has been asked to to ensure that untreated sewage water generated in the premises of questioned project is not discharged on open lands by transporting the same by tankers.