The southern bench of the National Green Tribunal has directed a builder in Theni to pay environmental compensation of Rs. 3 crore for constructing a project without Environment Clearance and to not carry out any further construction or expansion in the project area till they get the EC.
The bench while holding that constructions made without obtaining EC will be deemed to be unauthorised, stopped short of ordering demolition applying the “Doctrine of Proportionality” and hardship that would have to be faced by innocent and bonafide purchasers for occupying the area.
The case relates to the development of a township in Genguvarpatti revenue village, Periyakulam Taluk in Theni district by a private builder. The applicant alleged that the project was more than 50 hectares but the builder had got approval from the Town and Country Planning Authority showing a smaller extent of land to avoid obtaining the EC. The project was situated within the Kodaikanal Wildlife Sanctuary, the applicant alleged.
The builder claimed the project was spread only within 49.31 hectares and there was no need to get an EC.
The Tribunal said it came to the conclusion that there was wilful evasion by the builder by reducing the area marginally to bring the activity out of the EIA Notification, 2006. “Since the project has been completed and houses have been constructed and the people are occupying the house, it will be harsh if we order demolition of the houses and the innocent purchasers who are senior citizens will be put to serious hardship,” the bench said.
The bench also chided the builder for not producing the original prospectus of the township giving an indication of the extent of the land and the nature of facilities to be provided. “That document was wilfully suppressed by the 9th Respondent [the builder] before the Tribunal though it was directed to be produced the same by giving oral direction so as to ascertain the real intention of the project proponent in launching the project initially,” the Tribunal said.
