An order issued by Justice P Jyothimani, judicial member of the tribunal and R Nagendran, an expert member, observed that prior to the environmental clearance, no activity should have been permitted exept certain activities like protection or property from being encroached. In the light of the factual finding, the construction have been started even two years prior to the grant of EC.
Considering this, the tribunal said that its considered view is that in the interst of environment and to protect Rule of Law, there shall be an interim order restrainin these companies from proceeding further with the construction at the site, and also from inducin any third party in any portion of the flats which is the subject matter of the project.
"Accordingly, there shall be an interim order in terms stated above until further orders from this tribunal," said the order.
The tribunal also directed the Authority to file a status report and give specific reasons as to how the proposal of the project proponent was considered in the admitted fact that the construction activity having been carried on even before the grant of EC. The applicant, Ashish Nawalaria, for whom Advocates Ramesh Kumar Chopra and V Vedachalam appeared in the tribunal, argued that the construction started two years prior to the EC and even the Authority, in its EC has stated that the project proponent has started construction works of the projec without obtaining prior environmental clearance.