21 September 2016 – In a relief to environmental activists, the Bombay High Court refused to interfere with an order of the National Green Tribunal (NGT) in Pune, which is hearing complaints against two city-based developers for allegedly flouting green norms in their suburban high-rise projects. The High Court granted no relief to the developers, Keystone Realtors and Omkar Realtors, and directed the NGT to proceed with hearing the pending matter. The court stated, “We are of the view that at this stage it is not necessary to interfere.”
The NGT had earlier rejected a preliminary plea by the developers challenging the tribunal’s jurisdiction on the grounds of delay and locus standi. The developers subsequently moved the High Court to contest this rejection, as it allowed the tribunal to continue hearing the complaints.
Environmental activists Anil Tharthare and Santosh Daundkar had separately approached the NGT in 2014 to halt construction on two different projects by Rustomjee. They challenged the environmental clearances granted to these projects — one in Bandra and the other in Malad.
The Bandra project, a 21-storey tower by Rustomjee, allegedly received environmental clearance three years after construction had already begun, in violation of the law. Advocate Aditya Pratap, representing Daunkar, highlighted that the developer of Omkar Alta Monte in Malad failed to obtain necessary approvals from the wildlife board, despite the project being adjacent to the Sanjay Gandhi National Park. Nevertheless, the project was granted environmental clearance in 2012.
Last year, the NGT ruled that any resident, even if not directly affected by a project, has the right to challenge it and be heard by the tribunal. The High Court, in its order, noted that it cannot assume the final outcome of the case will be adverse to the builders. However, if it is, the developers retain the right to challenge the decision, including questioning the tribunal’s jurisdiction to hear the matter in the first place.
The High Court thus left the developers’ challenge open to be raised at a later stage, if necessary.
About the Author
Aditya Pratap is a practicing lawyer and founder of Aditya Pratap Law Offices based in Mumbai. An alumnus of NALSAR University of Law, Hyderabad, he has over 11 years of experience and has handled numerous cases of public and private significance. For more insights, you can visit his website: adityapratp.in. Watch him in TV interviews.