TATA HOUSING DEVELOPMENT COMPANY LTD. Vs. AALOK JAGGA

JUDGEMENT

(1.) The appellant has questioned the judgment and order dated 12.04.2017 passed by the High Court of Delhi, concerning the housing project, on the ground that the area in question falls within the catchment area of Sukhna Lake and is 123 meters away from the boundary of Sukhna Wildlife Sanctuary. The Survey Map of India dated 21.09.2004, demarcating the area of Sukhna Lake, is binding on the State of Punjab. The permission dated 05.07.2013, granted by the Nagar Panchayat, Naya Gaon to Tata Housing Development Company Ltd. (Tata HDCL), is invalid. The environment clearance dated 17.09.2013, granted by State Level Environment Impact Assessment Authority (SEIAA) for development of the project is not in conformity with the Notification dated 14.09.2006 of Ministry of Environment and Forest (MoEF), has also been set aside. It has also been ordered that if the permission is granted by the State of Punjab in favour of the appellant if it so desires, it may apply to Central Government for environmental clearance treating project category 'A.'

(2.) The Tata HDCL proposed to develop a project, namely, "CAMELOT" in the revenue estate of village-Kansal, Tehsil-Kharar, District-Mohali, State of Punjab. The total project area is 52.66 acres, out of which 41.54 acres is to be developed for group housing built-up area of 4,63,144.54 sqm. The parking facility is to be provided for 3645 ESS. The estimated population of the project area was about 9788. The proposed maximum height of the building was to be 92.65 meters. Environmental clearance was required in terms of the Notification dated 14.09.2006 issued by MoEF, which mandates prior to environmental clearance from the Central Government or by the SEIAA. The Notification has a statutory force having been issued under Section 3(1) and 3(2)(v) of the Environmental (Protection) Act, 1986 ("E.P. Act") read with Rule 5(3)(d) of the Environment (Protection) Rules, 1996 ("E.P. Rules"). Tata HDCL applied for environmental clearance from SEIAA, Punjab. The application was forwarded to the State Expert Appraisal Committee (SEAC). In the meeting dated 06.06.2009, the committee awarded "gold grading" to the proposed project and recommended to forward the project to SEIAA for grant of environmental clearance subject to the conditions specified therein. The MoEF recommended for environmental clearance in its meeting held on 09- 10.11.2010. However, MoEF had called a report from Northern Regional Office, Chandigarh vide letter dated 14.10.2010 regarding the proposed project. A team of officers inspected the project site, and, in the report, the distance of the housing-cum-retail project "CAMELOT" from Sukhna Wildlife Sanctuary is found to be 123 meters on Northern side and 183 meters on the Eastern side. Besides, the report stated that the project falls in the catchment area of Sukhna Lake as per the Survey of India Map.

(3.) On 12.01.2011, Tata HDCL addressed a letter to MoEF stating that the project site does not contribute to the catchment area of Sukhna Lake as physically the project area does not obstruct the natural flow of water towards Sukhna Lake.