MUMBAI, India: It is clear that the direction for compensation for a person who gives up his right to park does not remove the need for parking. NGT said this to a Mumbai-based builder on April 18, saying that residents are accepting compensation for parking space.
The National Green Tribunal (NGT), New Delhi’s main bench, rejected builders’ stand of compliance. It directed that Maharashtra Pollution Control Board and SEIAA, as statutory regulatory bodies, could take measures such as assessing and recovering compensation for past violations. They may also use coercive powers like attaching the property and blacklisting the developer because they did not comply with its 2015 order.
The NGT had in 2015 directed that an Environmental clearance (EC) granted in 2013 to a developer of a Slum Rehabilitation Area (SRA) residential-cum-commercial project in Mulund (west), Mumbai be deemed inoperative till the State Environmental Impact Assessment Authority (SEIAA) reconsiders the extent of parking spaces, green and recreational ground in the project premises and ensure that sewage is scientifically treated.
After hearing both sides, the NGT stated that SEIAA had not made a decision seven years later.
According to the tribunal’s order, EC’s status is “deemed inoperative”. The PP (proponent of the project) is rebuffed from further work until the issue is resolved by SEIAA pursuant to this Tribunal’s order.
Sandhya Kulkarni had joined others in appealing against the EC granted builder Arihant Realtors. Aditya Pratap, her lawyer, requested that the 2015 order be enforced. Pratap argued that parking spaces cannot be waived if a court order is in force, and any compromise of parking space would be detrimental to the public interest.
Arihant Realtors, through Saurabh Kulkarni, stated that it had complied to the NGT order.
He stated that a sewage system has been connected to BMC’s sewerage system. Without one temple being shifted final fire, no objection certificate can be granted. The Occupancy certificate is pending.
Developer also stated that residents will accept parking compensation in exchange for parking space.
Justice AK Goel was the NGT bench chairperson. Justices Sudhir Agarwal (chairperson), DK Singh, Prof A Senthil Vel, and Dr Vijay Kulkarni were present on April 18 and said that the developers’ position of compliance could not stand.
The NGT asked for a joint MPCB/State level impact assessment authority panel to submit a compliance report in April 2019.
The July 2020 report stated that 24 parking spaces for rehabilitation buildings were not being earmarked by the developer.
Any work done after the NGT order is illegal. A joint committee has urged continued non-compliance.
The National Green Tribunal (NGT), New Delhi’s main bench, rejected builders’ stand of compliance. It directed that Maharashtra Pollution Control Board and SEIAA, as statutory regulatory bodies, could take measures such as assessing and recovering compensation for past violations. They may also use coercive powers like attaching the property and blacklisting the developer because they did not comply with its 2015 order.
The NGT had in 2015 directed that an Environmental clearance (EC) granted in 2013 to a developer of a Slum Rehabilitation Area (SRA) residential-cum-commercial project in Mulund (west), Mumbai be deemed inoperative till the State Environmental Impact Assessment Authority (SEIAA) reconsiders the extent of parking spaces, green and recreational ground in the project premises and ensure that sewage is scientifically treated.
After hearing both sides, the NGT stated that SEIAA had not made a decision seven years later.
According to the tribunal’s order, EC’s status is “deemed inoperative”. The PP (proponent of the project) is rebuffed from further work until the issue is resolved by SEIAA pursuant to this Tribunal’s order.
Sandhya Kulkarni had joined others in appealing against the EC granted builder Arihant Realtors. Aditya Pratap, her lawyer, requested that the 2015 order be enforced. Pratap argued that parking spaces cannot be waived if a court order is in force, and any compromise of parking space would be detrimental to the public interest.
Arihant Realtors, through Saurabh Kulkarni, stated that it had complied to the NGT order.
He stated that a sewage system has been connected to BMC’s sewerage system. Without one temple being shifted final fire, no objection certificate can be granted. The Occupancy certificate is pending.
Developer also stated that residents will accept parking compensation in exchange for parking space.
Justice AK Goel was the NGT bench chairperson. Justices Sudhir Agarwal (chairperson), DK Singh, Prof A Senthil Vel, and Dr Vijay Kulkarni were present on April 18 and said that the developers’ position of compliance could not stand.
The NGT asked for a joint MPCB/State level impact assessment authority panel to submit a compliance report in April 2019.
The July 2020 report stated that 24 parking spaces for rehabilitation buildings were not being earmarked by the developer.
Any work done after the NGT order is illegal. A joint committee has urged continued non-compliance.
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