Order of the National Green Tribunal in the matter of Tanaji Balasaheb Gambhire Vs Union of India & Others dated 18/01/2021.

[2]

The matter related to a structure of a housing complex set up by M/s Sai Baba Sales Private Limited, Pune. According to the applicant, the project involves more than 20,000 square meters built up area which attracts the requirement of prior Environmental Clearance and in the absence  of the same, the structure is illegal. According to the applicant, construction of 29,000 sq. mtrs. has already taken place and there is a proposal to increase the capacity to 49012 sq. mtrs. Apart from not obtaining EC and other approvals, there is violation of environmental norms on account of non-installation of pollution control devices, non-plantation of trees, illegal ground water extraction, illegal operation of DG Sets at site, podium on 10% recreational space.

The NGT directed that no coercive action should be taken for construction prior to December 8, 2017 except for enforcing environmental norms, construction thereafter be permitted only after the statutory EC and other requirements as per law. The statutory authorities may proceed in the matter accordingly.