National Green Tribunal: In an application involving a clear dispute regarding the alleged violation of environmental norms by the developers of “Mayfield Garden”, a division bench comprising of Prakash Shrivastava, J., (Chairperson) and Dr. A. Senthil Vel (Expert Member), issued directions to ensure compliance and to maintain the status quo until the next hearing. The NGT took interim measures to halt construction activities violating norms until further examination and instructed the relevant authorities to ensure compliance.
In the instant matter, the applicant alleged that the Respondent, Builders/developers, are developing a residential colony named “Mayfield Garden” on 327.773 acres in Sector 47, 50, 51, 52, and 57 of Gurgaon in violation of environmental norms. The applicant contended that although the construction commenced prior to 2006, subsequent changes in plans and amendments to the project, including an increase in the project’s magnitude and area to 327.773 acres, were not accompanied by obtaining necessary clearances and permissions from competent authorities. The applicant referred to the minutes of the meetings of the State Environment Impact Assessment Authority (SEIAA) dated 05-09-2023, wherein it was noted that the project proponent initiated construction activities without obtaining environmental clearance. The applicant also highlighted that despite lacking essential permissions such as Consent to Establish (CTO), Consent to Operate (CTE), and No Objection Certificate (NOC), the construction activities are ongoing.
The NGT issued notice to the respondents regarding the present application and directed the applicant to serve the respondents and file an affidavit of service at least one week before the next hearing date. Additionally, the NGT directed the respondent 10, Haryana State Pollution Control Board (HSPCB), to ensure that no construction in violation of norms is carried out by the project proponent until the next hearing, i.e., 10-07-2024.
[Orchid Island Residents Welfare Assn. v. MoEF & CC, 2024 SCC OnLine NGT 240, order dated 04-04-2024]
Advocates who appeared in this case :
Mr. Yatish Goel, Counsel for the Applicant
