UNIVERSITY OF DELHI V. MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE & ORS.
UNIVERSITY OF DELHI V. MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE & ORS. NGT PRINCIPAL BENCH, APPEAL NO. 112/2018 MANU/GT/0014/2021
[Coram: Adarsh Kumar Goel, J. (Chairperson), Sheo Kumar Singh, J. (Member (J)) and Dr. Nagin Nanda, Member (E)]
FACTS
This appeal has been preferred against the order of the State Environment Impact Assessment Authority (SEIAA), Delhi dated 23.03.2018, granting Environmental Clearance (EC) for “Group Housing Complex located at 1 and 3 Cavalry Lane and 4 Chhatra Marg at Civil Lines Delhi” by Young Builders (P) Ltd.
CASE HISTORY
The Ministry of Defence (MoD) upon the request of the Delhi Metro Rail Corporation (DMRC) considered to give NOC for acquisition of Defence lands in respect of four bungalows in Mall Road, Cavelary Lane and Chhatra Marg. Accordingly, the MoD issued the NOC. Accordingly, Bunglow No.1, 3 and 4 measuring a total area about 30512.16 Sq.m was acquired at the public expenses for a public purpose namely for Mass Rapid Transport System(MRTS). In 2003, the DDA permitted DMRC to develop properties of area up to 3 ha., other than the recreational area, on the basis of 25% ground coverage and 100 FAR, without processing the change of land use. In 2008, DMRC gave two hectares of the land to M/s Young Builders Private Limited for a Group Housing Residential Project and accordingly a Lease Agreement for 90 years was executed between them for an amount of Rs. 218 Cr. Upon the representation of the University of Delhi, the Engineer Member Committee of the DDA constituted by Lt. Governor of Delhi reported that construction of a high rise building of 8 storeys will amount to grave intervention on the ambience of the University and will add to a considerable traffic load on the two lane road of the University. Despite representations by the University of Delhi, the DDA permitted the M/s Young Builders Private Limited to carry out construction as per the norms available to a group housing society under the MPD- 2021 without any height restriction and the 2 ha. plot leased out to the said builder be considered as a separate entity. In 2018, the State Environmental Impact Assessment Authority (SEIAA)-Delhi granted Environmental Clearance (EC) to the said Builders for construction of a group housing society of 4 towers/blocks consisting of 410 dwellings units with a total height of 139.6 meters S+G+37 floors. This EC which the University of Delhi challenged before the Hon’ble NGT in 2018.
The Hon’ble NGT was pleased to pass an interim order directing to maintain status quo as on the date and no further construction activity may be undertaken. Emphasizing on the Precautionary Principle, the Hon’ble NGT in said interim order held that “Applying the ‘Precautionary Principle’ of environmental law, we consider it necessary to require an evaluation of relevant data and not the old database.
JUDGEMENT
The Tribunal held that, prima facie, the project did not appear to be viable. The Tribunal noted that the project was the tallest high rise building in the city with more than 37 floors, having 410 dwelling units, in the vicinity of educational institutions, hospital, Metro Station, the Northern Ridge and other heritage buildings. There was no due disclosure by the project proponent in Form-1 and Form-1A.
No application of mind while granting Environmental Clearance (EC): There was also no application of mind by the State Expert Appraisal Committee (SEAC) and State Environment Impact Assessment Authority (SEIAA) while granting EC. The project was earlier wrongly treated as category B ignoring the ‘general condition’ appended to the EIA notification dated 14.9.2006. Evaluation of the category B-1 project, on fresh application, was without appraisal of the requisite carrying capacity in terms of air quality, noise level, traffic congestion and other environmental considerations. The building was located close to the Northern Ridge and the data of the air quality was not duly examined to assess the assimilative capacity with reference to Particulate Matter (PM) load and other data. The site in question was earlier a parking site for the Metro Station and once the group housing complex is set up, the parking will be on the public roads, adversely affecting the environment. There are other detailed reasons to which reference is not considered necessary for purposes of this order. Based on its conclusion, the Tribunal directed that the EC be suspended pending further consideration. A Committee was constituted to make an assessment as to the viability of the project.
::The above order was appealed in the Supreme Court and the SC directed as follows:
“We direct the Committee to examine various aspects including the viability of the Project without being influenced by any of the opinions expressed by the National Green Tribunal in the impugned order. Since we have directed the Committee to examine the issue without being influenced by any of the opinions expressed by the National Green Tribunal, it is not necessary to pass any further direction.”
“........ the project proponent has to apply for fresh EC to the MoEF&CC and the impugned EC will not be acted upon. …..the appeal may be disposed of as infructuous, without prejudice to the rights to challenge the fresh EC which may be granted.”
After Application of Fresh EC:
Facts: A fresh EC vide application was submitted to MoEF&CC, proposing construction of 4 towers on an area of 20,000 m2, built up area 1,37,879 m2 comprising two basements+43 floors and 446 dwelling units and 145.3 meters height of the building. Evidently, the proposal/application submitted was a substantial extension/expansion of earlier project which comprised built up area 1,17,733.81 m2; S+G+ 37 floors and 410 dwelling units and 139.6 meters building height.
Final Judgement of the Tribunal: It was held that there was concealment of material and information/non-disclosure of complete information/withholding of relevant information and EAC has also not applied its mind to various aspects. MoEF&CC in a mechanical manner has granted EC following recommendation of EAC and, therefore, EC is vitiated in law. It was concluded that EC granted is without application of mind.
In view of our conclusion that EC has been granted without proper evaluation, the 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. As discussed above, 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. There will be unmanageable impact on traffic density and adverse impact on flora and fauna and groundwater regime of nearby pristine Ridge.