Praveen Kakar v. Ministry Of Environment & Forests

The question for consideration is remedial action for encroachment of green areas, extraction of ground water and violation of other statutory norms by M/s Ansal Properties and Infrastructure Ltd., Sushant Lok, Phase-I, Gurgaon (the project proponent).

Vide order dated 19.09.2018, a report was sought from a joint Committee comprising representatives of the Central Pollution Control Board, Town and Country Planning Department, Haryana, Delhi School of Planning and Architecture, Central Ground Water Authority and State Environment Impact Assessment Authority, Haryana. Report dated 16.11.2018 was considered on 08.01.2019 which pointed out various deficiencies. The Tribunal directed the CPCB to exercise the statutory powers and take measures for closure of the project, initiating prosecution and recovering compensation for the damage to the environment in accordance with law.

Compliance report has been filed vide email dated 05.04.2019 indicating the steps taken. There is however nothing to show the exercise of statutory power for prosecution. The CPCB has suggested that the project proponent should furnish an action plan and CGWA should determine compensation for illegal extraction of ground water. We are of the view that such powers can be exercised by the CPCB itself by giving directions under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. A Pollution Board is entitled to disconnect the electricity and water supply and take measures for stopping illegal activities as condition for continuing consent to establish or to operate.

Let such further steps be taken in accordance with law and further report furnished to the Tribunal within one month by email at ngt.filing@gmail.com.

List for further consideration on 26.08.2019.