Dedicated locality research platform
Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
The National Green Tribunal (NGT) has asked the Haryana State Pollution Control Board (HSPCB) to revisit its closure order against the developer of Malibu Towne, a residential colony in Gurugram, for not obtaining necessary environmental clearances and other permissions. The tribunal noted that homebuyers should not suffer due to the inaction of officials.
In March, HSPCB had issued a closure notice against the developer of the 225-acre colony, home to 2,500 families, for releasing sewage into a drain without treating it first. Though the residents were not affected, the order barred any new property sale and stopped new possession or occupancy in the project, and all ongoing construction was halted.
NGT has directed HSPCB to specify which parts of the project need environmental clearance and the scope of the closure order. It has also asked HSPCB to ascertain third-party rights (homebuyers) and take appropriate action for their protection. The order states that "bona fide third-party investors cannot be made to suffer due to inaction of the concerned administrative officers." HSPCB has been given two months to submit an action taken report. The board's chairman, Raghavendra Rao, has said that necessary action will be taken to revise the closure order after hearing the project proponent.
The NGT's directive came as it was hearing a petition filed by a colony resident, Raman Sharma, who had alleged that 10 diesel generators were being run from a green belt in Malibu Towne, and that construction and demolition (C&D) waste was regularly dumped in the residential colony. Sharma also claimed that HSPCB did not demand environmental compensation from the Municipal Corporation of Gurugram (MCG), which failed to pick up C&D waste from the colony for two years. NGT has asked MCG to file an action taken report within two months.
The Malibu Towne RWAs' Federation had argued that the HSPCB's closure notice was harsh. The NGT has acknowledged the federation's plea and directed HSPCB to protect the interests of homebuyers while ensuring compliance with statutory provisions, environmental norms, and terms and conditions of the approvals granted. The NGT has stressed that the state and its instrumentalities have adequate powers to secure compliance by such builders.
The NGT has been active in monitoring environmental violations and taking action against defaulters. In February, it had directed the Central Pollution Control Board (CPCB) to formulate guidelines for the proper disposal of cigarette and bidi butts, following a plea by a Delhi resident. In the same month, NGT had ordered a ban on the sale, use, and storage of firecrackers in NCR cities, including Gurugram, due to high air pollution levels. The order came ahead of the festival of Holi, which is marked by the use of firecrackers in India.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
