The Principal Bench of the NGT directed the U.P.PCB to take action for stopping illegality and recovering the assessed environment compensation of Rs. 3,28,50,000/- by using coercive measures including blacklisting and seizing assets of the project proponent of housing project M/s Antriksh Kanball.
"Ample powers are available for the purpose under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981, which needs to be invoked", the Tribunal added.
The Original Application was filed by residents of Antriksh Kanball for remedial action against the violation of environmental norms by the project proponent of housing project M/s Antiriksh Kanball, Noida. It was alleged that the said project was discharging effluents in the green belt and stormwater drain and also extracting groundwater illegally.
A report was filed by the State PCB and Central Ground Water Authority (CGWA) after inspection with regard to the said allegation. The report noted several violations in the housing project. It was found that the NOC for establishing the project and the consent(Air/Water) to operate the project was not obtained from U.P.PCB. It was also noted that the sewage treatment plant was not installed in the tower of M/s Antriksh Kanball and also that 500 KVA DG set was found to be installed for the supply of electricity during the disruption of electricity.
The report was subsequently recommended for imposing the Environmental Compensation and Initiating Legal Action to the Head Office, UPPCB Lucknow.
On account of the above-said report, an action taken report was filed against the DIrectors of the project proponent by the Chief Engineer of U.P.PCB which ordered an environmental compensation of Rs. 3,28,50,000/- to be deposited on 31.01.2020.
The housing project was inspected again by the Regional Office U.P.PCB. it was found that the Sewage Treatment Plant (STP) was not established and was found to be under construction. The design details of the STP and the time-bound program of establishing STP was not given during inspection.
Subsequently, the Tribunal ordered the U.P.PCB to take further action for recovering the assessed environment compensation by using coercive measures which includes blacklisting and seizing assets of the project proponent.