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Judgment
Grievance in this application is against violation of environmental norms by the housing projects belonging to M/s Countrywide Promoters Pvt. Ltd., Faridabad, Haryana and M/s BPTP Ltd., Faridabad, Haryana.
The applicants have stated that the Town and Country Planning Department of Haryana gave the license on 27.01.2006 to M/s Countrywide Promoters Pvt. Ltd. and its associate companies for development of group housing project over 17.97 acres of land at Village Budena, comprising of 1304 flats. The Building Plan was sanctioned on 15.12.2010. The License was granted under the Haryana Development and Regulation of Urban Areas Act, 1975 which expired in January 2020. M/s BPTP Ltd. sold the flats. No 'Occupancy Certificate' has been issued. There is no water connection, road connectivity, school and other facilities. Directors of M/s Countrywide Promoters Pvt. Ltd., Faridabad, Haryana and M/s BPTP Ltd. Faridabad, Haryana are common. STP is not functional, in spite of collection of charges for maintenance of STP. There is no flow meter for consumption of water and waste generation. Rain Water Harvesting System is also non-functional. There is accumulation of water in the basement which is a source of mosquito breeding. Rain water harvesting pits are not maintained. Solar panels on the roof tops are non-functional. All these deficiencies were brought to the notice of the Director, Town and Country Planning, Haryana (DTCP) and the State PCB but without any result. Untreated sewage is discharged in basement. 900 families are living in the complex. Unchecked pollution is a potential threat for deadly diseases. The State Authorities have failed to take remedial actions for enforcement of right of clean environment. The applicant has referred to orders of this Tribunal in O.A. No. 506/2019, Mukund Dhote v. Union of India & Ors., wherein, this Tribunal found blatant violations of the EC conditions and directed remedial action by the State Authorities.
The grievances have been summed up as follows:
"(A) Inadequate Sewerage Treatment Plant (STP) and disposal of sewage through Tanker;
(B) Non-functional Water harvesting system;
(C) Non-functional Solar panels' at roof top;
(D) Incomplete 2nd basement misused as dumping ground for garbage & also accumulation of rain water;
(E) Deliberate discharge of sewage water in the basement(s) turning them into chambers flooded with almost 1 to 2 feet of sewage emitting pungent fume making lives of all the residents miserable;
(F) Lack of water meters installed for flow management;
(G) Failure to connect the Society's sewer disposal with public sewer of Haryana Shahari Vikar Pradhikaran;
(H) Lack of medical facility in the project;
(I) No provision in the Society for segregation of solid waste into bio-degradable and non-biodegradable waste;
(J) Rain water harvesting for roof run off and surface run off provided with pre-treatment through sedimentation tanks are non-functional resulting in water logging and breeding ground for mosquitoes, insect & other bacteria;
(K) Rain water harvesting and ground water recharging is not practised at all."
The applicant has filed photographs showing dilapidated condition of the STPs, sewer disposal through tankers, garbage dumped in the basement of the society, water accumulation at the entrance gate of the society, rain water drains chocked with waste, condition of the solar panels for water heating and accumulation of untreated sewage in the basement. It is further stated that substantial question of environment is involved which this Tribunal is competent to determine the same and direct the restitution of environment and require the compensation to be paid for the damage already caused.
In Mukund Dhote (Supra) referred to by the applicant, this Tribunal constituted an Expert Committee which found serious violation of environmental norms and assessed compensation of Rs. 12,02,80,310/-(Rupees Twelve Crore Two Lakhs Eighty Thousand Three Hundred Ten only). Vide order dated 01.10.2020, while dealing with the said matter, the Tribunal observed:
"4. The report of the joint Committee comprising the MoEF&CC, the CPCB and the HSPCB assessed compensation of Rs. 12,02,80,310 (Twelve Crore Two Lakhs Eighty Thousand Three Hundred Ten Rupees Only) and concluded as follows:-
"In addition to the assessment of EC carried out by Joint Committee, following observations were made:
i. Basic infrastructure or common facilities i.e. Sewage management/Solid waste management (collection, processing and disposal) at specified area should be planned/developed by the concerned local authorities i.e. Haryana Shahari Vikas Pradhikaran, (HSVP) formerly Haryana Urban Development Authority (HUDA) before issuing license by concerned authorities i.e.. Town & Country Planning Haryana to builders for development of individual housing society.
ii. In the present case, Town & Country Planning Haryana has issued occupancy licence vide letter no. ZP212/JD(DK)/20122737 dated 28.12.2012 subject to comply various conditions. However, there is still shortage of common facilities/basic infrastructure even after more than 07 years of the issue of occupancy licence.
iii. In absence of sewerage system treated/untreated sewage of the housing society disposed off through tanker. However, as per the operation phase condition no. (iii) of Environment Clearance, housing societies have to treat sewage up to tertiary level and utilize in landscaping, gardening, toilet flushing, cooling tower etc. and remaining treated wastewater may discharge to final disposal system.
iv. All the Housing Societies shall ensure reuse of treated sewage as per CPHEEO guidelines for point use. Standards is attached at Annexure-A. Excess treated sewage shall discharge to HSVP sewerage network.
In view of the above, Joint Committee has opined that responsibilities of discharge of sewage/solid waste shall also be vested with the following authorities:
i. Town and Country Planning Haryana for granting license to builders prior to development of infrastructure related to sewerage system.
ii. HSVP for development of basic infrastructure for sewage and solid waste management of the area."
The above report does not show adequate action for compliance of environmental norms. The amount of compensation has not yet been recovered nor coercive measures taken - not even order of blacklisting, even though the State PCB had written to Director, Town and Country Planning Department, Haryana. We express our disappointment for such failure and hope the State authorities will now take requisite steps expeditiously.
To uphold the Rule of Law and for protection of environment and public health, the State Authorities must take further appropriate action which may be monitored by the Chief Secretary, Haryana by calling the meeting of concerned statutory authorities within one month. This step has become necessary in view of repeated serious violations of the environmental norms by the Housing Projects in the State of Haryana, as noticed not only in this matter but also in OA No. 661/2018, Praveen Kakar & Ors. v. Ministry of Environment & Forests & Ors., OA No. 764/2018, Kissan Udey Samiti v. State of Haryana & Ors., OA No. 688/2019, Aditya Jakhar v. State of Haryana and OA 155/2020, Dr. Manorama v. TDI. All the five matters may be discussed in the same meeting. The report be filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
A copy thereof be simultaneously given to the project proponent for response, if any.
List for further consideration on 20.01.2021."
Considering the above case of the applicant, vide order dated 09.10.2020, the Tribunal constituted a joint Committee comprising of the CPCB, Haryana State PCB and the District Magistrate, Faridabad to look into the status of environmental compliances and make recommendations for remedial action, including the quantum of compensation, if violations are found. The operative part of the order is reproduced below:
"xxx ........................................xxx .......................... xxx
Having regard to the averments in the application, we are of the view that it is necessary to constitute an Expert Committee to ascertain the status of compliance of environmental norms.
Accordingly, we constitute a joint Committee comprising of the CPCB, Haryana State PCB and the District Magistrate, Faridabad. The Committee may look into the environmental aspects and make recommendations for remedial action, including the quantum of compensation, if violation is found. The nodal agency for compliance will be the Haryana State PCB. The Committee may meet within one month and undertake a site visit and also take into account reports furnished in identical matters relating to other non compliant Housing Project in Haryana, including O.A No. 506/2019 (Supra), O.A No. 661/2018, Praveen Kakar & Ors. v. Ministry of Environment & Forests & Ors., O.A No. 764/2018, Kissan Udey Samiti v. State of Haryana & Ors., O.A No. 688/2019, Aditya Jakhar v. State of Haryana and O.A 155/2020, Dr. Manorama v. TDI. The reports relating to these projects are available with the State PCB and can be made available to other Members by the State PCB.
The report may be furnished within three months by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. While submitting the report to this Tribunal, the State PCB may also give a copy thereof to the project proponent and to the Chief Secretary, Haryana. As already noted in the order of this Tribunal in the case of Mukund Dhote (Supra), there are repeated serious violation of environmental norms by the housing projects for which cognizance needs to be taken by the State and remedial action taken. I.A. No. 345/2020 is of a formal nature which stands disposed of in view of the order passed on merits."
The joint Committee has filed its report dated 18.12.2020 to the effect that the site was inspected on 20.11.2020 and status was found to be as follows:
Sr. No.
Grievances
Remarks
A.
Inadequate Sewerage Treatment Plant (STP) and disposal of sewage through Tanker;
There are total 1300 nos. flats out of which 1000 flats are occupied. Total 660 KLD effluent is being generated from the society and the unit has installed STP of capacity 700 KLD. The STP installed by the unit is structurally adequate to treat the effluent generated. During inspection, no disposal of untreated domestic effluent was found through tankers. The sample of treated effluent has been collected by the team of officers of CPCB, HSPCB and representative of District Magistrate, Faridabad and as per analysis report, the parameters are within limit. Copy of A/R is attached as Annexure- R1.
B.
Non-functional Water harvesting system;
The Water harvesting system found non- functional /not maintained. The maintenance schedule is not being followed. The letter has been written to Central Ground Water Board to check the compliances and to take further action if required under the Rules of CGWB. Copy of letter attached as AnnexureR-2.
C.
Non-functional Solar panels' at roof top;
The Solar Power Panels found nonfunctional. The unit has submitted the action plan for maintenance of Solar Power Panels. Copy attached as Annexure-R-3.
D.
Incomplete 2nd basement misused as dumping ground for garbage & also accumulation of rain water;
During inspection, the garbage was found cleaned from the basement but some remains of municipal solid waste were found at site. Further, as per Environmental Compensation policy dated 29.04.2019, methodology for assessing and imposing Environmental Compensation as per table 3.2 of policy for improper municipal solid waste management has been calculated amounting Rs. 572000 i.e. Rs. 1000 per day for 572 days (from issue of policy of Environmental Compensation 29.04.2019 and upto the date of inspection 20.11.2020 by team). Copy of Policy attached as Annexure-R4
E.
Deliberate discharge of sew
ge water in the basement(s) turning them into chambers flooded with almost 1 to 2 feet of sewage emitting pungent fume During inspection, no sewage water found in the basement. Further, it was found that the rain water was accumulated due to leakage in the rain water discharge pipes from roof to the basement. The unit has submitted the photographs for the complete repair of the leakage points. Copy of photographs attached as Annexure-R-5.
F.
Lack of water meters installed for flow management;
The Conventional flow meter on 03 no's tubewell installed for flow management. Further, the unit has now installed the magnetic flow meters on the tubewells. The photographs of flow meters are attached as Annexure-R-6.
G.
Failure to connect the Society's sewer disposal with public sewer of Haryana Shahari Vikas Pradhikaran
The unit has submitted the proof of sewer connection with Haryana Shahari Vikash Pradhikaran. The copy of proof is attached as Annexure-R-7.
H.
Lack of medical facility in the project;
The unit has provided the medical room in the project and has submitted the photographs of the same. Copy of photographs attached as Annexure-R8
I.
No provision in the Society for segregation of solid waste into biodegradable and nonbiodegradable waste;
The unit has made agreement with M/s Ecogreen Energy Pvt. Ltd., Block C, Dabua Colony, Sector 50, Faridabad, Haryana 121001 for disposal of Solid Waste g
J.
Rain water harvesting for roof run off and surface run off provided with pre-treatment through sedimentation tanks are non-functional resulting in water logging and breeding ground for mosquitoes, insect & other bacteria;
The pre-treatment through sedimentation tanks are provided and found cleaned. The letter has been written to CGWB to check the compliance of the same
K.
Rain water harvesting and ground water recharging is not practised at all.
The Water harvesting system was not maintained. The maintenance schedule is not being followed. The letter has been written to Central Ground Water to check the compliances and to take further action if required under the Rules of CGWB. Copy attached as Annexure-R-2.
The applicant has filed objection by way of I.A. No. 05/2021 to the effect that as per report of the Chief Town Planner dated 09.10.2020, (copy of which has been annexed), STP was non-functional and untreated sewage was being disposed of through tankers. However, the inspection report filed on 18.12.2020 does not advert to the same. The relied upon report dated 09.10.2020 inter-alia is as follows:
Sr. No.
Objections raised by the allottees of "Princess Park" BPTP Sector-86, Faridabad vide their letters dated JuneSeptember 2020 which have similar grievance
Remarks
Till date there are no Occupancy Certificate issued for four Towers namely Block A,K, L & M
i. License no. 443-446 of 2006 dated 27.01.2006 was granted for developing a group housing colony on land measuring 17.97 acres to Countrywide Promoters Private Ltd. in sector-86, Faridabad.
ii. Building plants of twelve towers i.e. A, B, C, D, E, F,G, H, J, K, L & M were approved on 15.12.20210. Eight towers i.e. D,E,F,G,B,C,H & J have been granted occupation certificate on 28.12.2011 and 06.09.2012.
iii. The promoter has applied for grant of occupation certificate for remaining towers A,K,L,M, EWS block, convenient shopping, community Building and Basement on 26.06.2013.
iv. Block A,K, L & M comprise of 356 dwelling units out of which possession of 326 units have already been handed over by the promoter to the allottees in Sep-Oct 2013. 318 units have also been registered without obtaining an occupation certificate.
v. That as per the approved plans 6 no. of EWS Blocks having G+3 floors total 196 were to be constructed. However, at site EWS towers with G+6 floors having 196 units are being constructed.
vi. The authorized Signatory of Countrywide Promoters Pvt. Ltd. on 29.05.2019 requested the DTP (Faridabad) with a copy to DTCP and STP(Faridabad) to kindly put on hold the processing of grant of occupation certificate for EWS Block for the time being till further intimation from their side. vii. DTP, Faridabad vide her letter dated 15.02.2019 has informed the Authority that the department would not consider the application for grant of occupation certificate of main towers A,K, L & M as the proportionate EWS flats are still not complete for grant of occupation certificate.
viii. The construction of EWS Blocks is at stand still as there is no urgency to complete the same because the promoter has granted possession in all the blocks including A,K, L and M and even got the flats registered. In some cases where occupation certificate has not been granted even deed of apartment has been executed.
ix. The combined second basement of towers A,K, L & M is non-functional as sewer lines are leaking.
2.
The developer's License no. 443 to 446 dated 27.01.2006 stands expired
The license was renewed till 26.01.2020. No application for renewal of license has been filed by the promoter till date.
3.
The 2nd basement for car parking in incomplete
Though the basement is structurally complete but finishing has yet to take place.
4.
The EWS Flats are under construction /EWS Flats are lying in bare shell condition unfit for occupancy
Structure of EWS units is complete and finishing work is pending. However, at present the works are at stand still.
5.
There is no sewer disposal & it is done through Tankers & residents are made to pay for sewer disposal
At present the entire untreated sewer is being disposed off through tankers since the STP is nonfunctional at site.
6.
There is no Municipal Water Connection
Executive Engineer HSVP, Division no. III, Faridabad had directed the promoter vide his memo no. 7186 dated 29.11.2019 to deposit an amount of Rs. 7,25,000/- as security and road cut charges for supplying water connection to the 8 towers which had already been granted occupation certificate. However, the promoter has still not deposited the said amount with HSVP.
7.
There is no school at side as per the approved building plan based upon which the License was grated to the Coloniser /Developer
No Nursery school exists at site.
8.
There is no connectivity with 24 mtrs Master Road & residents are dependent upon Budena Village Road (known as Si Dham Marg) & 11 ft. revenue road.
The portion of 24m wide internal circulation road touching the licensed boundary has neither been acquired nor constructed. The site till date is approachable from an existing 66 ft wide road.
Supplementary report has been filed by the State PCB on 27.09.2021 to the effect that remedial action was taken by the Project Proponent (PP) with reference to the violations noticed at the time of earlier inspection. Compensation of Rs. 5,72,000/- was imposed by the State PCB on 23.03.2021 with reference to the violations.
We have heard learned Counsel for the applicant and the State PCB.
Learned Counsel for the applicant submitted that the report filed by the State PCB dated 18.12.2020 followed by supplementary report filed on 27.09.2021 does not correctly reflect the state of affairs in as much as:
(i) There is no proper disposal system. Sewage is being disposed of through tankers at the cost of the residents, as STP is non-functional as found in the report dated 09.10.2020 by the Chief Town Planner in report quoted above.
(ii) The State PCB report against item no. 1 that STP was installed was misleading as even if the STP was installed the same was non-functional. With regard to connection of the sewer disposal with the public sewer against item no. G, though it is stated that proof of sewer connection has been filed as per annexure R-7 which is letter dated 27.09.2019 from the office of the HSVP. What has been done is merely approving the application for connection subject to conditions which include the following condition:
"1. As per the undertaking/consent given by you, the connection will be made only after functional HSVP Master Sewer Line in the area including functioning of STP. The expenses on making connection will be borne by you in all respect. Till the completion of sewerage network, you are fully responsible to dispose off the surplus treated water at adequate place with prior permission from concerned office."
Thus, the connectivity to the sewer line is only theoretical as there is no functional STP.
On the other hand, learned Counsel for the State PCB submitted that reliance by the applicant on report dated 9.10.2020 is of no consequence as the STP may have been non functional at that time but later when inspection was done on 20.11.2020, as per report filed on 18.12.2020, the STP was functional and discharge from STP was as per norms. Further, supplementary report shows that all compliances have been done and for past violations compensation has been recovered.
We have duly considered the matter. No doubt report dated 18.12.2020 is based on inspection done on 20.11.2020 which is subsequent to inspection dated 9.10.2020 when violations were found. In absence of evidence of violation of date after 20.11.2020, there is no reason to reject the report dated 18.12.2020. There is also no presumption that the connection has not become operational. Thus, there is no adequate material of continuing violations.
Accordingly, we dispose of this application, without prejudice to the remedies of aggrieved parties against any violations, if such allegation of violations is supported by cogent material. If any such material is pointed out to the statutory regulators, we have no doubt that they will also take prompt remedial action.
In view of above order, IA No. 05/2021 also stands disposed of.