The National Green Tribunal has constituted a committee to assess the enhanced compensation to be paid by a builder for construction in the green area in a housing complex in Gurgaon in violation of environmental laws.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel formed a committee comprising representatives of the Ministry of Environment and Forests, the Central Pollution Control Board and the Indian Institute of Forest Management, Bhopal.
"The committee appointed by this tribunal needs to go into the question whether in the light of the original Deed of Declaration based on sanctioned plan for housing complex in the area of 10.98 acres complex with stipulated open area, revised plan enforced after allotment apartments to the applicants illegally deprived the applicants of their right to ecological services as per the original plan as well as liability for compensation on account of violation of law prohibiting change of common area to the detriment of environment only to advance private profit," the bench said.
The NGT had earlier levied an interim compensation of Rs 68,51,250 on Ambience Developers & Infrastructure Private Limited for building Ambience Lagoon Apartment in Gurgaon.
The bench said that the assessed amount does not deal with the loss of ecological services to the applicants who are allottees of apartments prior to the revised plans.
"Compensation has been assessed for period from July 2, 2019 only on the basis of violation of law without considering the value of loss of environmental services. The component of compensation is the value of ecological services lost and the violation of law which cannot be the sole basis for determining compensation for loss of environmental services on account of illegal construction in open area," it said.
The apartment owners contended that commercial tower construction was not part of the Deed of Declaration and the original sanctioned plan which was for 10.98 acres.
The subsequent revised plan, based on EC granted could not affect the rights of the allottees of apartments, prior to the said date, they said, adding that the commercial tower affected the environment rights of the allottees.
The NGT, in its order, had said, "Out of 10.98 acre land which was meant for the project in question, only 7.93 acre land was used and remaining 3.05 acre land, which was open area, was converted into covered area for a commercial tower, irreversibly taking away the rights to ecological services of the persons to whom the flats were allotted."
The order had come after perusing a report filed by the the Ministry of Environment, and Forests and Climate Change (MoEF) making an assessment of Rs 68,51,250 to be paid as environmental compensation.
The tribunal was hearing a plea filed by Gurgaon residents Anil Uppal and others seeking action against the builder for construction on the green/open area in a housing complex.
"Open areas in the colony are shrinking. Ground water extraction was excessive. Air quality was getting deteriorated. The builder had undertaken construction on designed open spaces, blocking fresh air and sunlight. The approved zoning plans required maintaining at least 15 per cent of the total area as open space. National Building Code of India, 2005 also requires minimum horizontal space between existing building and the new building," the petitioners said.
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