SUNIL KUMAR CHUGH AND ORS. Vs. SECRETARY, ENVIRONMENT DEPARTMENT, GOVERNMENT OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THIS is an appeal assailing the grant of Environmental Clearance on 25th March, 2014 to a building project of the respondent No. 5 -M/s. Piyali Builders at CS No. 2 (part) and 89 (part), Salt Pan Division, admeasuring 6535 sq. meters (total plot area), Punjabi Colony, J.K. Bhasin Marg, Sion Koliwada, Mumbai, broadly on two grounds: firstly, having started construction without obtaining Environmental Clearance and in violation of imperatives prescribed by the Ministry of Environment and Forests (MoEF) vide Office Memoranda dated 12th December, 2012 and 27th June, 2013 and secondly, the project had been constructed in violation of Town Planning laws and Development Control Regulations.

(2.) BOTH the appellants claimed to be residents of Mumbai having deep concern about the environment degradation occasioned by the said project coming up in the locality where they reside. Undisputedly, the total built up area of the project ad measures 29150.07 sq. meters (FSI area; 16871.82 sq. meters and Non -FSI area; 12278.25 sq. meters). It is also not disputed that the land developed was encroached by slums and was reserved for Municipal Office as well as a DP road set back; and the respondent No. 5 submitted a proposal to Slum Rehabilitation Authority under Slum rehabilitation scheme to develop the said land to accommodate 324 tenements in 1997; for which respondent No. 5 was required to hand over an area ad measuring 760 sq. meters to the Municipal Corporation for Greater Mumbai (MCGM) towards road setback for the benefit of public at large; and the first Letter Of Intent (LoI) for the built up area of 14608 sq. meters was received by the respondent No. 5 on 18th February, 2002 and this was followed by revised LoI for built up area of 15887 sq. meters on 06th January, 2006 on account of the change in the plan and a commencement certificate was issued to the respondent No. 5 on 7th September, 2006 in accordance with DC Regulations in force at the relevant time.

(3.) ACCORDING to the appellant, the Slum Rehabilitation Authority had recorded in clear terms that the proposed built up area of the project exceeded 20,000 sq. meters and thus required Environmental Clearance from MoEF, Government of India and the same will be insisted upon before approval of further CC (Commencement Certificate) to 1st rehabilitation building. Notwithstanding the fact that the Notification of 2006 clearly stated that no construction of any nature shall commence without obtaining prior Environmental Clearance, yet the construction of the project started in full swing and the authorities including the Environment Department of Government of Maharashtra, failed to take any effective action against such construction despite various complaints lodged by the appellants, both with the Environment Department and the law enforcing agencies. The project proponent applied for the Environmental Clearance to the State Level Environment Impact Assessment Authority after the commencement of the said project i.e. on 21st February, 2011.