Kodaikanal township built sans green nod gets Rs 3 crore fine
CHENNAI: The southern bench of National Green Tribunal (NGT) has directed a Gurgaon-based realtor, Bahri Estate Private Limited, to pay an environmental compensation of Rs 3 crore for commencing construction of a township project bordering Kodaikanal Wildlife Sanctuary in Theni district without obtaining environmental clearance (EC). The compensation must be paid to the Tamil Nadu Pollution Control Board within 3 months.
The NGT bench, comprising judicial member K Ramakrishnan and expert member K Satyagopal, has also restrained the builder from carrying out any further construction or expansion in the project area without obtaining environmental clearance as required under the Environment Impact Assessment (EIA) Notification, 2006.
The petitioner, advocate V Ramasubbu had alleged the project area was surrounded by reserve forest of Kodaikanal hills and falls within the eco-sensitive zone of Kodaikanal wildlife sanctuary. In their affidavits, the State Environmental Impact Assessment Authority, forest department and Union environment ministry confirmed that the builder had violated the norms and said the project was “illegal”.
The counsel of the builder argued that the project area was less than 50 hectares and doesn’t attract EIA Notification. However, the NGT rejected the contention and concluded the project required EC and proceeding without it would amount to illegality.
Though the NGT said the constructions would be deemed to be unauthorised, it restrained from ordering demolition of the buildings taking into consideration the “Doctrine of Proportionality” and hardship that the innocent and bona fide purchasers will have to face for occupying the area. Meanwhile, the NGT has also directed the National Board for Wildlife to depute a senior officer to inspect the area in question.
Builder told not to harm waterbodies
The officer will need to ascertain whether the project has caused any impact on the Kodaikanal Wildlife Sanctuary and if so, what mitigation measures are to be taken. The NGT has also asked the Theni district collector to inspect and ascertain whether there is any waterbody situated in the project area as per the revenue records other than the water body identified by the NGT-appointed joint committee and that if there was any waterbody that existed and was encroached by the builder. The builder is directed not to do any activity detrimental to the existing waterbodies in the project area.