- (1.) The appellants are before this Court claiming to be aggrieved by the order dated 03.02.2020 passed by the National Green Tribunal, Principal Bench, New Delhi ('NGT for short) in Appeal No. 54/2018. The appellants herein were arrayed as respondent Nos. 11 and 12 in the appeal before the NGT. By the order impugned herein, the NGT has set aside the Environmental Clearance ('EC' for short) issued by the State Environment Impact Assessment Authority ('SEIAA' for short), Karnataka, in favour of the appellants through its order dated 10.01.2018.
(2.) The brief facts are that the appellants herein are undertaking the construction of New High Rise Residential Building. The project is being undertaken in Survey Nos.61/2, 62 and 63/2 of Kasavanahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru District. The construction is proposed on a plot area of 50,382.91 sq. m. with total built up area of 1,28,193.9 sq.m. In respect of the said project the appellants had sought for issue of EC from the SEIAA, Karnataka which is the Competent Authority in that regard. The SEIAA having considered the project report of the appellants has granted the EC through its order dated 10.01.2018. The respondent No.2 herein being aggrieved that the construction being undertaken by the appellants herein is in the buffer zone of the Kaikondarahalli Lake, apart from being on the primary and secondary Rajkaluve and, therefore, the area being eco-fragile had assailed the EC granted in favour of the appellants by filing the appeal before the NGT. The appellants herein had appeared andfiled their objection statements denying the allegations made in the appeal. In addition to the appellants being respondents in the said appeal, the Bruhat Bengaluru Mahangara Palike ('BBMP' for short) within whose jurisdiction the proposed project is being undertaken was also one of the respondents in the appeal. The BBMP had filed a detailed reply dated 05.09.2019 and had in fact contended that the project is illegal and they have also issued the 'stop work' notice to the project proponent on 13.07.2018 since there is violation of these Zoning Regulation of the Revised Master Plan - 2015.
(3.) Based on the pleadings since a factual determination was required to be made by the NGT, the NGT also constituted a Joint Committee comprising of the Central Pollution Control Board ('CPCB' for short), SEIAA, Karnataka, State Pollution Control Board ('KSPCB' for short) and the Ministry of Environment, Forest and Climate Change (MOEF&CC' for short). The said Joint Committee was required to make a spot inspection and submit a report.;