The National Green Tribunal Tuesday set aside the environmental clearance granted to a private builder for the construction of group housing near the Vishwavidyalaya metro station here.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said the Environment Clearance (EC) has been granted without proper evaluation.
“In view of our conclusion that EC has been granted without proper evaluation, project cannot be allowed without such proper evaluation about its sustainability or otherwise in the light of available data, a case is made for interference by this Tribunal.
“Existing air and noise levels do not permit any further additive load in the area, particularly a high-rise building having adverse impacts on environment, including potential for fire incidents, adverse impact on micro climate due to wind funneling and turbulence around their bases, generation of particulate matter because of heavy machinery and equipment and waste management,” the bench also comprising Justice Sudhir Agarwal said.
The green panel said there will be unmanageable impact on traffic density and adverse impact on flora and fauna and groundwater regime of nearby pristine Ridge.
The NGT said the project proponent has failed to disclose correct and complete information, withheld relevant informations and violated provisions of Environment Impact Assessment 2006, hence is liable to face consequences as per the provisions of EIA.
“Further, EAC in making recommendation for grant of EC has failed to consider relevant aspects/factors as also failed to appraise project/activity by studying the impact on environment on various factors discussed above.
“Hence, it is a case where recommendation is without any proper application of mind on the part of EAC and mechanical exercise of MoEF in granting EC also vitiates EC,” it said.
The bench said Environment Clearance has been issued without considering relevant aspects and principles obligatory to be examined before grant of EC.
Hence, EC is vitiated in law, it said.
The NGT said the site map shows that the area is surrounded by a large number of colleges, various departments of DU and hospitals etc.
“Impact of such a huge project on existing institutions of importance ought to have been examined. These factors make the project to be environmentally vulnerable, sensitive and critical which aspects have not been duly evaluated. There is no serious consideration of these vital environmental issues,” it said.
The real estate firm Young Builders Private Limited is building a housing complex adjacent to the Delhi University (DU) campus.
The university had earlier challenged the grant of the EC, citing that the project was violative of the Master Plan of Delhi-2021 and against larger public interests.
The builder had told the NGT that the EC, which was obtained earlier and challenged, will not be acted upon.
The tribunal was hearing a plea filed by the university against the grant of the EC by the Ministry of Environment and Forests for the construction of group housing with a built-up area of 1,37,879.64 sq.mtr at 1, 3 Cavalry Lane and 4 Chhatra Marg near the Vishwavidyalaya metro station by Young Builders Private Limited.
Appearing for the DU, advocate Sanjay Upadhyay had contended that the project involves construction of over 38 floors and 446 flats in the vicinity of the university.
According to the DU, the project will seriously jeopardise the environment, the air quality, traffic management, water availability, waste disposal.
The plea had claimed that there is no serious study on the carrying capacity of the recipient environment to sustain such a mega project in Delhi, which is already facing challenges regarding clean air and waste management.
