Order of the National Green Tribunal regarding violation of environmental norms by housing projects, Haryana, 14/02/2020

Order of the National Green Tribunal in the matter of Aditya Jakhar Vs State of Haryana dated 14/02/2020 regarding allegation of disposal of untreated sewage in open by Sare Homes Society at Gurgaon, Haryana, causing health hazard in the area.

The State PCB has filed its report on 27.11.2019 to the effect that STP of the project was not properly working and polluting discharge was being released illegally. Prosecution has been initiated against M/s Ramprastha Saare Township, Village Wazirpur Meoka, Gurugram, on account of violation of environmental norms. Prosecution has also been recommended against the Directors of the project. Proposal has been made for recovery of environmental compensation.

During the hearing, the learned counsel for the State PCB has handed over latest status report dated 13.02.2020 to the effect that the STP is not functioning properly and the effluents are being discharged in the horticulture area and into the cess pool on the side of the complex. Other violations have also been found. Compensation assessed is Rs. 41,62,500/- at the rate of Rs. 37500/- per day. The NGT observed that recently there has been "allegations of noncompliance of environmental norms as well as conditions of grant of occupancy certificates" by the project proponents of group housing projects in the state of Haryana.

The NGT directed the the Chief Secretary, Haryana to urgently review the mechanism with the heads of the State PCB, Town and Country Planning and the SEIAA to enforce the rights of citizens to clean environment. "Safeguards need to be incorporated and mechanism for monitoring compliances of environmental norms by all the group housing complexes needs to be strengthened on urgent basis. Safeguards may include requirement to furnish guarantees, including personal guarantees by the Directors of the project proponents, so that the State machinery is not helpless to remedy the situation after the project is complete and the project proponent has left, leaving the authorities and the inhabitants without any adequate safeguards," the order said.

An action taken report has to be furnished by the Chief Secretary, Haryana within one month.