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Judgment
This M.A. has been registered on the basis of the report filed in terms of the final order of the Tribunal dated 11.11.2022 passed in O.A. No. 215/2022. In the OA, the applicant had raised the grievance against illegal construction by M/s Vatika Limited at Village Sikhopur, Tehsil and District Gurugram. Further grievance was that, though against the other Project Proponents also, the EC was levied but the same was not recovered. The Tribunal had disposed of the OA by order dated 11.11.2022 after considering the report of the Joint Committee and noting the fact that SEIAA, Haryana had already concluded the hearing on the issue and had reserved the order and directing the SEIAA, Haryana to take decision on merit.
On the basis of the report filed by SEIAA, Haryana on 15.04.2023, the present OA has been registered.
In the supplementary status report dated 12.12.2023, SEIAA, Haryana had disclosed the position of imposition and recovery of EC against fifteen project proponents as under:-
Sr. No
Name of identity on which EC has been imposed
Order No. & Date of EC
Amount imposed (₹ in lacs)
Amount Recovered (₹ in lacs)
Remarks
1.
M/s G.P.Realtors
Letter No. SEIAA/HR/202
2/1507 dated 21.09.2022
707.17
707.17
Complied
IT /ITES SEZ project at Village Behrampur, Balola & Bandhwari, Gurugram, District Gurugram.
2.
M/s Victory Infraedge Pvt.
Ltd.
Order No. SEIAA/HR/202
3/26 dated
731.25
200.00
100.00
150.00
Being Complied
Commercial colony at
I 7.01.2023
150.00
village- Fazilpur Jharsa,
Sector-48, Gurugram, District Gurugram.
Remaining amount (Rs. 131.25 lakh)
3.
M/s VSR Mall Retail
EC
71.50
71.50
Complied
Expansion of "Proposed
Identification
Commercial Complex" at
No.
“Retail-cum-Office" at
EC23B038HR I
Sector-114, Gurugram,
10797 dated
District Gurugram.
18.01.2023
4.
M/s Unitech Limited.
EC
Identificatio n No.
EC23 B038H RI
65384 dated
18.01.2023
323.80
323.80
Complied
Expansion of Commercial Office Complex "Signature Tower-III" at Sector-15, Gurugram, District Gurugram
5.
M/s Padmini
Technologies Ltd.
EC
Identificatio n No.
EC23B038HR1
23736 dated
18.01.2023
484.67
484.67
Complied
"Corporate Office" at Plot No. 13, Sector-32, Urban Estate Gurugram —II, District — Gurugram
6.
M/s Parsvnath Developers Ltd
Order No. SEIAA/HR/202 3/22 dated 17.01.2023
669.50
200.00
100.00
69.50 50.00
Being Complied
Expansion of Group Housing Project "Parsvnath Exotica Phase-II" at Village Wazirabad, Sector-53, Gurugram, District Gurugram.
Remaining
amount
of Rs. 250.00 Iakh
is due as under:
c) Rs. 100.00
lakh by
10.11.2023
d) Rs. 150.00
lakh by
25.12.2023
7.
M/s Ansal Landmark
EC
Identification No.
EC23B039HR I
25485 dated
18.01.2023
160.00
160.00
Complied
(Karnal) Township Pvt.
Ltd.
Integrated Residential
Colony (Plotted & Group
Housing) "Sushant City/
Royale" at Sector-3 5/3
6, Karnal, District,
Karnal.
8.
M/s Focus Energy Ltd.
Order No. SEIAA/HR/202
3/19 dated 17.01.2023
1261.00
Nil
Pending Before Hon'ble NGT, Appeal No. 15 of 2023.
Institutional “Office Building" Project at Plot No. 6, Sector - 32, Gurugram, District Gurugram
Next Date of hearing on 12.01.2024.
9.
M/s Vatika Ltd.
Order No. SEIAA/HR/202
3/75 dated
02.02.2023
800.10
Nil
Pending Before Hon'ble NGT, M.A. No. 28 of 2023.
Group Housing Colony at Sector-82 A, Gurugram, District Gurugram
Next Date of hearing on 13.12.2023.
10.
M/s Creative Buildwell Private Limited.
Order dated
02.02.2023
663.21
Nil
Site Inspection Report received
Expansion of five Star
from Senior Town
Hotel Project at Village-
Planner,
Ghamroj, Sohna Road,
Gurugram,
Tehsil - Sohna. District-
Haryana Pending
Gurugram.
till final outcome
of pending
proceedings in
M.A. No. 28 of
2023
11.
M/s Interpress
Publishers Pvt. Ltd.
Order No. SEIAA/HR/202
3/76 dated 02.02.2023
459.54
200.00
50.00
209.54
Complied
IT Building on Plot No.412- 415, Udyog Vihar Phase IV, Gurugram, District Gurugram
12.
M/s CMD Pardesi Developers Pvt. Ltd
Order No. SEIAA/HR/202
1655.55
Nil
Pending Before Hon'ble Supreme
"Township Residential
3/62 dated
Court vide Civil
Complex and Commercial
02.02.2023
Appeal Diary No.
Complex" at Village Rasoi,
24765/2022
G.T Karnal Road, Sonepat,
Pending Before
District Sonepat.
Hon'ble
Connected with
Supreme Court
Civil Appeal No.
vide Civil
8313 of 2019
Appeal Diary
No.
Earlier, listed in
24765/2022
Hon'ble Supreme
Court of India on
01.08.2023
Next Date of
hearing on
18.01.2024
SEIAA Order
dated 22.07.2023
decided to kept in
abeyance tillfinal
disposal of SLP/
Diary No.
24765/2022.
13.
M/s Jubilant Software
Services Ltd.
Order No. SEIAA/HR/202
3/162 dated 31.03.2023
2478.00
100.00
135.00
Pending Before Hon'ble Supreme Court of India, SLP (Civil) No. 11492 of 2023
"Group Housing Colony" at Sector-91, Mewaka,
Gurugram, District Gurugram
Next Date of hearing on 08.12.2023
14.
M/s Robust Buildwell Pvt. Ltd
EC
Identification No.
EC23B038HR 1
83894 dated
09.04.2023
460.11
460.11
Complied
Commercial Cum
Residential Colony (Mix
Land Use), at
Sector 79. Omaxe City
Centre, Faridabad,
District Faridabad.
15.
M/s India Land and
EC
Identification No.
EC23B039HR 1
23707 dated
09.04.2023
109.50
109.50
Complied
Logistics Pvt. Ltd.
Warehouse Project located
at Village Binola.
Gurugram, District
Gurugram
Total
SAY
₹ 11,034.90
₹ 4030.79
(₹ 110.35)
(₹ 40.31)
Crore
Crore
The perusal of the above chart reveals that in the cases of some of the Project Proponents, though there is no legal impediment in recovering the EC yet till now the EC has not been recovered. For example, in the cases of M/s Vatika Limited at Serial No. 9 and M/s Creative Buildwell Private Limited, Serial No. 10, some M.A. is stated to be pending before the Tribunal, but learned Counsel for HSPCB does not dispute that these MAs are not at the instance of the project proponent but at the instance of the person aggrieved with non-recovery and inaction against the Project Proponent.
Learned Counsel for the State/HSPCB/SEIAA also submits that the policy is being finalized to ensure that such Project Proponents do not operate without proper permission and proper monitoring and the policy will be finalized within three months. Let the same be placed on record along with the next report.
Hence, HSPCB is also directed to take appropriate measures and recover the amount of EC from the concerned Project Proponent as noted above except in the cases where there is any interim order of the Court or any other legal impediment.
Let this exercise be completed within a period of three months and the action taken report be filed before the Registrar General of the Tribunal within one week after the completion of three months period by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF and if found necessary, the matter may be listed before the Bench for consideration.
MA is accordingly disposed of.