The National Green Tribunal has rejected the plea of “deemed environmental clearance” raised by a project proponent for a large-scale development project in Dwarka, Delhi, holding that no construction activity can proceed in violation of environmental norms and statutory requirements.
The Tribunal was hearing an application alleging illegal tree felling and construction by a real estate developer in the “Omaxe State” project spread over more than 60 acres. It was contended that the project, falling under Category 8(b) of the EIA Notification, 2006, had commenced without obtaining prior Environmental Clearance (EC) and requisite consents.
Rejecting the developer’s defence of “deemed EC” under Clause 8(iii) of the EIA Notification, the Tribunal held that such a plea is untenable unless all statutory requirements including submission of complete documentation and compliance with conditions are strictly fulfilled. It emphasised that deemed clearance cannot operate where the recommendation of the Expert Appraisal Committee (EAC) itself is conditional, particularly when conditions relating to tree felling remain unmet.
The Tribunal noted that no environmental clearance had been granted to the project and that its status remained “ADS Raised” on the PARIVESH portal. It further observed that approximately 2000 trees were proposed to be felled, but no prior permission from the competent authority had been obtained, contrary to law and EAC conditions.
On facts, the Tribunal found evidence of illegal tree felling and rejected the claim that only temporary structures had been raised, pointing to material indicating permanent construction activity at the site. It held that such actions amounted to violations of the EIA Notification and environmental safeguards.
Accordingly, the Tribunal directed the Tree Officer to conduct a site inspection and take remedial and punitive action for illegal tree felling. It also directed the Delhi Pollution Control Committee (DPCC) to assess environmental violations and impose compensation, while asking the Ministry of Environment, Forest and Climate Change to take a final decision on the grant of EC in accordance with law.
The matter was disposed of with directions for compliance reports to be filed within stipulated timelines.
Appearances:
For the Applicant: Mr. Ravi Agrawal, Adv. for Applicant (Through VC)
For the Respondents: Mr. Sanjay Upadhyay, Senior Advocate with Mr. Sameer Sodhi, Ms. Vanshika Jhamb, MR. Hardeek Goyal, Ms. Eisha Krishn, Ms. Mansi Bachani, Mr. Surya Gupta & Ms. Neha Chaturvedi, Advs. for R – 7 & 8
Ms. Suhasini Sen & Ms. Supraja V., Advs. for MoEF & CC
Ms. Deeksha L. Kakar, Mr. Rashneet Singh & Ms. Sana Parveen, Advs. for DDA
Ms. Jyoti Mendirattta & Ms. Ananya Basudha, Advs. for DCF (West), GNCTD
Mr. Gigi. C. George, Adv. for R – 6
Mr. Kush Sharma, Adv. for DPCC
