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Judgment
Application under the provisions of the National Green Tribunal Act, 2010.
The main grievances in the present application involving substantial questions relating to environment are (i) that environmental clearance and NoCs from the concerned authorities have not been obtained by the Project Proponent; (ii) that the Project Proponent is carrying on the project without STP, solid waste management programme and drinking water supply and (iii) that the Project Proponent has not developed/is not developing adequate plantation and greenbelt area as per the development plan.
This Court took cognizance in view of the settled law regarding environmental public interest litigation and this Tribunal being empowered by law to take suo motu cognizance of cases involving questions relating to environment as held by Hon’ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897 and this Tribunal vide orders dated 06.01.2023 and 17.05.2023 directed issuance of notices to the Project Proponent, Municipal Corporation Lucknow and Lucknow Development Authority respectively.
Reply was filed by the respondent no.1- Project Proponent challenging bonafides and credentials of the applicant and also maintainability of the application inter alia on the ground of being time barred. The Project Proponent also pleaded development of the township sprawled in approximately 5000 acres and handing over of the same to the respective owners/applicants in the shape of plots/villas/institutions and commercial units with infrastructural facilities as stated therein. However, due to the said reply being vague and materially deficient with respect to the aspects of compliance with environmental norms, this Tribunal directed the Project Proponent to file additional reply mentioning in detail the status of land developed for residential/commercial purposes and status of compliance with EC and consent conditions with special emphasis on the management of solid waste, treatment of sewage, extraction of ground water, maintenance of green belt and CSR activities etc.
Additional reply has not been filed by the respondent no. 1- Project Proponent. On the other hand the Project Proponent has filed I.A No. 630/2023 for grant of at least 6 to 9 months for filing of additional reply on the grounds that the Project Proponent has appointed environmental auditors for audit regarding its compliance with environmental laws/stipulations and that additional reply will be filed on receipt of the reports.
Additional reply can be filed by the Project Proponent on the basis of information available with it. No sufficient ground for grant of 6 to 9 months’ time for filing of additional reply on the basis of reports awaited from environmental auditors is made out. Therefore, I.A No. 630/2023 is dismissed.
Lucknow Development Authority has filed its reply pleading that it has limited role and prayed for its deletion from array of the parties. The reply filed by the Lucknow Development Authority is also vague and evasive and, therefore, the Lucknow Development Authority is also directed to file additional reply regarding the compliance by the respondent no. 1-Project Proponent with the conditions of sanctioned construction plan and conditions contained in Urban Development Plan and Guidelines of Town and Country Planning Department.
No reply has been filed by Municipal Corporation Lucknow and none has appeared on its behalf today in spite of the fact that the project falls within municipal limits and within its jurisdiction. Notice be issued again to Municipal Corporation Lucknow requiring it to file status report regarding compliance by the Project Proponent with the Solid Waste Management Rules, 2016 and other environmental laws as applicable to it.
Additional reply by the Project Proponent and Lucknow Development Authority and status report by Municipal Corporation Lucknow be filed within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
In view of the averments made in the application and vague and evasive replies filed by respondents no. 1 and 3, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of Integrated Regional Office, MoEF & CC (Lucknow), CPCB, Lucknow, representative of Indian Institute of Management (IIM), Lucknow (to be nominated by its Director), representative of Central Institute of Medicinal and Aromatic Plants (CIMAP) Lucknow (to be nominated by its Director), UPPCB and District Magistrate, Lucknow and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position regarding (i) status of environmental clearance and NoCs from the concerned authorities and compliance with the conditions thereof by the Project Proponent; (ii) status regarding installation of STP, solid waste management scheme, extraction of groundwater and provision for drinking water supply and (iii) development of greenbelts and adequate plantation in the project area by the Project Proponent and make its recommendations to this Tribunal and the concerned authorities for appropriate remedial action after giving opportunity of being heard to the project proponent. The State PCB will be the nodal agency for coordination and compliance.
The Joint Committee is directed to submit its report to this Tribunal and send copy of the same to the Project Proponent and the concerned authorities within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
List for further consideration on 15.12.2023.
A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Integrated Regional Office, MoEF & CC (Lucknow), CPCB, Lucknow, Director, Indian Institute of Management (IIM), Lucknow, Director, Central Institute of Medicinal and Aromatic Plants (CIMAP), Lucknow, UPPCB and District Magistrate, Lucknow by e-mail for compliance.