Order of the National Green Tribunal regarding illegal construction on green space by a housing complex, Gurgaon, 11/02/2020
Order of the National Green Tribunal in the matter of Anil Uppal & Others Vs Union of India & Others dated 11/02/2020 regarding restoration of open areas in terms of Deed of Declaration dated 25.03.2009 for a housing complex. The project was called ‘Ambience Lagoon Apartments’ and developed by Ambience Developers & Infrastructure Private Limited, at NH-8, Gurgaon.
Grievance of the applicants was that the project proponent had illegally undertaken construction of a commercial building in the area earmarked in the Deed of Declaration as “open spaces”, resulting in blockage of fresh air and sun light for the residences of the applicants.
The report of the local Commissioner submitted in January 2018 acknowledged that green areas as per layout plan was occupied by a nursery school, sewage treatment plan and electric substation and some of the green areas did not exist. The applicant calling the report incomplete said the report has not gone into the question of illegal constructions in area which were supposed to be open areas in the earlier approved plan. The open area could not have been converted into covered area which is in violation of environmental law.
The NGT directed constitution of a Joint Committee comprising MoEF&CC, Central Pollution Control Board and Indian Institute of Forest Management, Bhopal to assess compensation and furnish a report to this Tribunal.