Order of the National Green Tribunal in the matter of M/s Janta Land Promoters Ltd. Vs Punjab Pollution Control Board & Others dated 06/01/2020.

The Appeal has been preferred under Section 16 (c) of the NGT Act, 2010 against order dated July 20, 2020 passed by the Punjab Pollution Control Board (PPCB) directing stopping of construction activity of the appellants (M/s Janta Land Promoters) under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and passing other incidental directions. It was held that the appellant did not have the requisite EC under the EIA Notification of September 14, 2006 and the Consent To Establish (CTE) under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 (Air and Water Acts).

The NGT, Principal Bench dismissed the appeal filed by Janta Land Promoters and ordered that apart from initiating prosecution, stopping illegal construction activities, undertaking mitigation/restoration measures and other steps for enforcement of rule of law, it would be necessary to assess the extent of damage to the environment and to recover compensation on ‘Polluter Pays’ principle, following due process of law.

The SPCB had informed the court that no EC had been granted for the Falcon View Project of the appellants.