CourtKutchehry.com
Tribunals and CommissionsDivision Bench(2024) 03 NGT CK 0036

Rajesh Sharma vs State of Haryana & Ors

National Green Tribunal · Decided on 18 March 2024

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
CASE NUMBER
Original Application No. 283 Of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 334 words
1.

In this original application, Applicant has alleged that the Respondent No. 5 is constructing residential colony in Village Gaduli Kalan, Sector 37D, Gurugram, Haryana in an area of 16.65625 acres in violation of the environmental norms. The plea of the Applicant is that Respondent No. 5 has not obtained prior Environmental Clearance (EC) and is acting in violation of the EIA Notification, 2006 and that Respondent No. 5 has also not obtained Consent to Establish (CTE) from the Haryana State Pollution Control Board (HSPCB) and ground water NOC from HWRA for doing construction activities. In paragraph 5.3 of the petition, Applicant has alleged that new construction project is above 20,000 sq. meters (approximately 67405.45 sq. meters) and, therefore, the EIA Notification dated 14.09.2006 is attracted.

2.

During the course of argument, Counsel for the Applicant could not point out as to from where the Applicant has ascertained the area of construction to be above 20,000 sq. meters. Learned Counsel for the Applicant has referred to the complaint, Annexure -A/2 (Colly) but in that complaint also no such area has been mentioned.

3.

Therefore, at this stage, there is no material to support the allegation made in the OA has been filed.

4.

However, since an issue relating to compliance of environmental norms has been raised, therefore, we are of the view that the Respondent No. 3, HSPCB should look into this issue and ascertain the truthfulness of the allegations and to find out if Respondent No. 5 is acting in violation of environmental norms, then take appropriate action and submit action taken report before the Registrar General of the Tribunal within a period of two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed for consideration before the Bench.

5.

The OA is accordingly disposed of.

6.

A copy of this order be forwarded to Member Secretary, HSPCB by e-mail for compliance.