NGT slaps Rs 153 crore fine on Ansals properties for violations in Gurugram

GURUGRAM: The National Green Tribunal (NGT) has imposed a fine of Rs 153.5 crore on
Ansal properties for various environmental violations at its project at Sushant Lok-I. The project
is spread across 600 acres in sectors 27, 28 and 43, but construction has stopped following an
NGT order in 2019.
The order, issued on Monday, came on a petition filed by a resident in 2018, alleging that the
developer was supposed to leave 45% of the project area for green zones and a community
centre, but instead sold off the plots to people for building houses.
The green panel also issued a Rs 2 crore penalty on the town and country planning department
for issuing a licence to the builder “mechanically” and without examining if it had fulfilled the
requisite norms.

The judgment – issued by the principal bench of the tribunal headed by chairperson Adarsh
Kumar Goel – said Ansal properties would have to submit the fine amount within three months.
“Environmental compensation of Rs 153,50,62,892 shall be paid by respondent 11 i.e., APIL-PP
and deposited with HSPCB within three months.
This amount shall be utilised for rejuvenation/restoration of environment in the area
recommendation of a joint committee comprising CPCB, HSPCB, district magistrate, and MCG
who shall prepare a plan within three months and execute the same within further six months
from the date of deposit of environmental compensation by respondent 11,” it read.
The NGT pointed out a few other violations by the developer, such as extracting groundwater or
discharging untreated or partially treated water directly into stormwater drains. The country
planning department was asked to submit its Rs 2 crore fine to the Haryana State Pollution
Control Board (HSPCB). “TCPD Gurugram (respondent 3) shall pay an environmental
compensation of Rs 2 crore and deposit the same with HSPCB within three months,” the order
stated.
The NGT also made it clear that Ansal could not carry out any further development at the project
site until it had a clearance from “competent authorities”. “APIL-PP (respondent 11) shall not
undertake any further activities of development in the project in question unless the requisite
clearance/NOC/permission under environmental laws from competent authorities are obtained
and other provisions of environmental laws requisite to be observed before commencement of
construction proceedings are complied with,” the order stated.

The state pollution board, the municipal corporation and the district magistrate were also
directed to ensure that untreated sewage water generated from the premises were not
discharged into the drains directly. Other departments concerned were asked to ensure that
groundwater wasn’t extracted from the 39 borewells installed by the developer or other such
facilities without proper permission, said Yatish Kumar Goel, who presented Pravin Kakkar, the
petitioner, at the NGT.

The green panel, however, made it clear that “if there is any otherwise order by Supreme Court
or High Court in regard to the present matter, the same shall operate and above direction would
be subject to final decision by such court”. Asked about the Rs 2 crore fine, KM Pandurang, the
director of the country planning department, said, “I am yet to receive the order.”
Anil Grover, the government counsel, however, said, “We will challenge it in the high court or the
Supreme Court. As a regulating authority, DTCP has not done anything wrong.”
The developer did not respond to calls and messages for a comment. In February 2020, the
green panel had directed Ansal Properties to pay Rs 17 crore as environmental compensation
for violation of green norms.
In September that year, the builder had approached the SC against this order. The apex court,
on October 14, 2020, directed a status quo and did not put any stay on the NGT order.