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    H.P. Rajanna v. Union Of India

    1. Grievance in this application is against the construction of highrise residential apartment project in municipal khata number 4131 comprised in Survey Nos. 61/2, 62 and 63/2, Kasavanahalli Village, VarthurHobli, Bengaluru East taluk, Bengaluru District by Respondent No. 9 and 10, Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd.

    2. According to the applicant, the project is in prohibited area of buffer zone of the lake and the Rajakaluves crossing the project lands. The area is eco-fragile zone. Environmental Clearance was granted on 10.01.2018 against which an appeal is pending and is fixed for 13.08.2019. The Environmental Clearance is in violation of order of this Tribunal dated 04.05.2016 in O.A. No. 222/2014, Forward Foundation v. State of Karnataka against which an appeal was decided by the Hon'ble Supreme Court vide judgment dated 05.03.2019 in Civil Appeal No. 5016/2016, Mantri Techzone Pvt. Ltd. v. Forward Foundation.

    3. In view of above, let a factual and action taken report in the matter be furnished by joint Committee representing Central Pollution Control Board (CPCB), Karnataka State Environment Impact Assessment Authority (SEIAA), Karnataka State Pollution Control Board (KSPCB), Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. The SPCB will be the nodal agency for coordination and compliance. The report may be furnished within one month by e-mail at judicial-ngt@gov.in.

    A copy of this order be sent to CPCB, Karnataka SEIAA, KSPCB, Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. by e-mail for compliance.

    The applicant may furnish a complete set of papers to CPCB, Karnataka SEIAA, KSPCB, Wonder Projects Development Pvt. Ltd. and Godrej Properties Ltd. and file an affidavit of service within one week.

    List for further consideration on 25.09.2019. The appeal listed on 13.08.2019 be also listed on the said date with this matter.

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    H.P. Rajanna v. Union Of India
    (Jul 19, 2019)