L. B. Rai Vs State of Uttar Pradesh

National Green Tribunal Principal Bench, New Delhi 24 Apr 2024 Original Application No. 34 Of 2024 (2024) 04 NGT CK 0046
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Original Application No. 34 Of 2024

Hon'ble Bench

Prakash Shrivastava, CP; Dr. A. Senthil Vel, EM

Final Decision

Disposed Of

Judgement Text

Translate:

1. This Original Application is registered on the basis of the letter petition received from the resident of RWA, Sunbreeze 1 Apartment Residential Welfare Association, BBD Green City, Lucknow. The grievance of the applicant is as against the builder M/s Viraj Construction Limited and the complaint of the applicant is that the Project Proponent without setting up any STP, deviating 15% green belt norms and putting up of solar lights has started the construction and has violated the NOC condition no. 18 issued by the State Level Environment Impact Assessment Authority, Uttar Pradesh. Further grievance is that in the township the proposed STP is yet to start and the builder has constructed one 250 KLD STP below basement of Tower 11-12 installation date 23.01.2023 i.e. 4 years after issuance of CC dated 26.11.2018 by the LDA. It is also the allegation that the project proponent has started constructing another 250 KLD STP in basement below Tower No. 5/6 of which the complaint has been made but no action has been taken. Further grievance raised in the letter petition is that open Sewar water is flowing in nala polluting ecosystems, canal and river and office block has been made in place of rainwater harvesting. A copy of such a complaint has also been forwarded to the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB).

2. Having regard to the environmental issue raised in the letter petition, we are of the opinion that the Member Secretary, UPPCB is required to consider the grievance of the applicant expeditiously. Member Secretary, UPPCB will get the spot inspection done, ascertain the correct factual position and extent of violation by the Project Proponent and take appropriate action in accordance with law.

3. Let the action taken report be submitted by the Member Secretary, UPPCB within three months before the Registrar General of the Tribunal by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF and if found necessary the matter will be listed before the Bench for consideration.

4. OA is accordingly disposed of.

5. A copy of this order, along with a copy of the petition, be forwarded to the Member Secretary, UPPCB by e-mail for necessary action.

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