CPCB fines Ansal Properties Rs 14.69cr for violations in Sushant Lok 1

The Central Pollution Control Board (CPCB) has directed real estate developer Ansal Properties & Infrastructure to stop all ongoing construction and expansion works in Sushant Lok-1 due to violation of environment laws. A fine of ₹14.69 crore has also been levied on the developer, along with instructions to rectify all noted violations by July 18.

The CPCB has also given a number of instructions to the department of town and country planning (DTCP), the Haryana Shahri Vikas Pradhikaran (HSVP), the Central Groundwater Authority (CGWA), the State Environmental Impact Assessment Authority(SEIAA), the city magistrate, and the Dakshin Haryana Bijli Vitran Nigam (DHBVN) regarding the matter.

The DHBVN has been asked not to provide electricity supply for any new construction work in the area, and the HSVP has been asked not to provide water for the same. The DTCP, on the other hand, has been asked to revoke completion certificates already granted to the project, and has been told not to give the permit to any new construction or expansion work in Sushant Lok-1. The SEIAA has been told to revoke all environmental clearances granted to the project. “Any violations of this direction shall attract appropriate action as per provisions of the Environmental Protection Act and the National Green Tribunal Act,” says the CPCB letter, dated June 18, a copy of which is with Hindustan Times.

Ajay Pandita, a spokesperson for the developer, however, refuted allegations of illegal activity. “We have received the CPCB’s letter and are considering it,” he said, but declined to answer specific questions.

Earlier this year, on January 8, the National Green Tribunal had directed the apex pollution control body to “determine and recover damages” and to “issue further directions for closure of the project”, as well as to initiate prosecution under the Air Act and the Water Act.

This came after a five-member expert committee, constituted by the Tribunal, concluded that at least 10 counts of environment law violation in Sushant Lok-1 have been noted. These include mismanagement of waste, operation of diesel generators without adequate stack height, and lack of necessary environmental clearances.

More than a month later, on February 28, the CPCB directed Ansal Properties to pay environmental compensation of ₹12 crore for discharging untreated sewage over a period of 281 days. It also instructed the developer to rectify the aforementioned violations within a month.

The Central Groundwater Authority(CWGA) was also instructed to determine and levy environmental compensation for the use of 39 unlicenced borewells, as well as a defunct rainwater harvesting system.

Instead of paying the amount, the CPCB letter notes, the developer on March 13 communicated “complete denial of directions issued by the CPCB and the NGT”. It says that the developer’s reply was “casual, arrogant, open-ended and without any action plan.” It also notes that the “reply was silent about extraction of groundwater without permission.” In April, the CPCB filed a report with the NGT, recommending that the developer submit an action plan for prevention and control of pollution in Sushant Lok-1.

In May, the NGT took stock of these developments and observed that, despite its instructions, there is “nothing to show the exercise of statutory power for prosecution”.

The CPCB had not yet initiated prosecution under the relevant laws, and the CWGA had not yet determined the amount of environmental compensation to be paid. “We are of the view that such powers can be exercised by the CPCB itself,” the NGT observed. It is on the basis of these observations that new instructions have now been issued by the CPCB.

Yatish Kumar Goel, advocate for the petitioner who brought to the notice the disappearance of green spaces in Sushant Lok, however, was dismayed at the CPCB’s instructions.

“The proceedings have lost sight of the original premise of our case, which is the disappearance of more than 100 acres of green area in Sushant Lok, resulting in illegal gains to the developer. In comparison to the gains which have probably already been made, a fine of ₹14 crore is not commensurate,” he said.

First Published:
Jul 03, 2019 03:05 IST

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