Developers of Ambience Mall violated conditions, alleges green tribunal
25 Oct 2013 11:00 PM GMT
The National Green Tribunal on Thursday held that developers of the popular Ambience Mall in south Delhi violated conditions on which they were granted green nod by changing the commercial area and said permitting it would seriously jeopardise the environment and public interest.
The tribunal directed the ministry of environment and forests and the Delhi Pollution Control Committee (DPCC) to examine the case of the developer for its continuation and also conduct periodical inspection to ensure compliance of the conditions on which it was granted environmental clearance.
A bench headed by NGT chairperson Swatanter Kumar directed that Ambience Developers be prohibited from using the basement and the multi-level car parking for any commercial use or services except parking as provided in the Environment Impact Assessment (EIA) report on the basis of which it was granted environmental clearance in November 2006. Permitting such continued violation would seriously jeopardise the environment, public health and even the larger public interest, it said.
The Tribunal delivered the judgement on a petition moved by J Mehta who had contended that the developers had in their Ambience Mall at Vasant Kunj significantly altered the commercial area thereby drastically changing the parameters of population per sq. ft. which had a direct impact water utilisation, sewage disposal, density of population and public amenities and drastically affected public health.
Noting that nearly 59 per cent of commercial area has been increased by unauthorised conversion and misuse, the bench said, ‘These violations would consequently have a direct impact on traffic congestion, ambient air quality, contamination of underground water, sewage disposal and municipal solid waste disposal besides other adverse impact on population density in the area.’
‘The EIA Report submitted by the developer itself shows that these are the various aspects, the variation of which is bound to alter the entire basis for grant of the clearance,’ it said.
The court rejected the argument of the developer concerning financial loss and said, ‘Financial burden cannot be the consideration for compromising the environmental and public health interests. Individual interest must give way to larger public health and environmental interest.’
The Tribunal at the same time noted that it would be for the authorities concerned like Environment Ministry, DPCC and others to examine whether the environment clearance can be continued or requires to be recalled.
It also granted liberty to Ambience Developers to apply for re-appraisal of the EIA Report and the environment clearance granted in 2006, adding that the same be considered in ‘accordance with law and with due regard and care for improvement of environment and public health.’
The tribunal directed the ministry of environment and forests and the Delhi Pollution Control Committee (DPCC) to examine the case of the developer for its continuation and also conduct periodical inspection to ensure compliance of the conditions on which it was granted environmental clearance.
A bench headed by NGT chairperson Swatanter Kumar directed that Ambience Developers be prohibited from using the basement and the multi-level car parking for any commercial use or services except parking as provided in the Environment Impact Assessment (EIA) report on the basis of which it was granted environmental clearance in November 2006. Permitting such continued violation would seriously jeopardise the environment, public health and even the larger public interest, it said.
The Tribunal delivered the judgement on a petition moved by J Mehta who had contended that the developers had in their Ambience Mall at Vasant Kunj significantly altered the commercial area thereby drastically changing the parameters of population per sq. ft. which had a direct impact water utilisation, sewage disposal, density of population and public amenities and drastically affected public health.
Noting that nearly 59 per cent of commercial area has been increased by unauthorised conversion and misuse, the bench said, ‘These violations would consequently have a direct impact on traffic congestion, ambient air quality, contamination of underground water, sewage disposal and municipal solid waste disposal besides other adverse impact on population density in the area.’
‘The EIA Report submitted by the developer itself shows that these are the various aspects, the variation of which is bound to alter the entire basis for grant of the clearance,’ it said.
The court rejected the argument of the developer concerning financial loss and said, ‘Financial burden cannot be the consideration for compromising the environmental and public health interests. Individual interest must give way to larger public health and environmental interest.’
The Tribunal at the same time noted that it would be for the authorities concerned like Environment Ministry, DPCC and others to examine whether the environment clearance can be continued or requires to be recalled.
It also granted liberty to Ambience Developers to apply for re-appraisal of the EIA Report and the environment clearance granted in 2006, adding that the same be considered in ‘accordance with law and with due regard and care for improvement of environment and public health.’
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