NGT orders to stop housing project lacking environmental clearance

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SHIMLA: The National Green Tribunal (NGT) imposed a fine of Rs 3.2 crore on the colony Doctors Cooperative Society Limited in Panthaghati and ordered to stop the construction work as the colony failed to obtain the mandatory environmental clearance.

NGT directed the State Supervisory and Implementation Committee to file a compliance report in the matter within a month’s time. The matter has now been listed for January 21, 2019. The NGT’s Principal bench, headed by Justice Adarsh Kumar Goel, chairperson NGT, passed the order in connection with the case namely Vidya Shandil versus the state.

It ruled that the housing society should deposit 10 per cent of the project as a penalty, which would be shared in the ratio of 75:25 by the State Pollution Control Board (SPCB) and the Central Pollution Control Board (CPCB).

The court observed, “the project can be continued only after further orders are passed by the tribunal on being satisfied that remedial measures have been taken for the protection of environment.”

Shandil, the complainant, expressed her concern that the construction of the colony Doctors Cooperative Society Limited, made by Indira Gandhi Medical College (IGMC) was posing a threat to her house due to the debris and discharge in the drains from the construction activity.

She challenged the environmental clearance given to the project on October 15, 2016, by the State Environment Impact Assessment Authority (SEIAA) to Dr Shyam Lal Kaushik, chairman, IGMC Doctors’ Cooperative Housing Society Limited.

She cited a notification dated September 14, 2006, under the provisions of the Environment (Protection) Act, 1986, item no. 8(a) of the Schedule that “requires a project pertaining to building and construction in excess of the 20,000 square meters to obtain prior environmental clearance”.

The project has a built-up area of 21057.931 sqm and its cost is Rs 32.48 crore. It was approved by the Shimla Municipal Corporation on February 6, 2010, and over 100 flats have already been built.

The court ordered, “massive construction has been raised, resulting in a huge impact on the environment on account of effluents discharge, construction of a road, traffic congestion, solid-waste generation and slope instability. Such an impact is required to be studied.”