Tata Housing Development Company ... vs Aalok Jagga

2. The Tata HDCL proposed to develop a project, namely, “CAMELOT” in the revenue estate of village­Kansal, Tehsil­Kharar, District­Mohali, State of Punjab. The total project area is 52.66 acres, out of which 41.54 acres is to be developed for group housing built­up area of 4,63,144.54 sqm. The parking facility is to be provided for 3645 ESS. The estimated population of the project area was about 9788. The proposed maximum height of the building was to be 92.65 meters. Environmental clearance was required in terms of the Notification dated 14.09.2006 issued by MoEF, which mandates prior to environmental clearance from the Central Government or by the SEIAA. The Notification has a statutory force having been issued under Section 3(1) and 3(2)(v) of the Environmental (Protection) Act, 1986 (“E.P. Act”) read with Rule 5(3)(d) of the Environment (Protection) Rules, 1996 (“E.P. Rules”). Tata HDCL applied for environmental clearance from SEIAA, Punjab. The application was forwarded to the State Expert Appraisal Committee (SEAC). In the meeting dated 06.06.2009, the committee awarded “gold grading” to the proposed project and recommended to forward the project to SEIAA for grant of environmental clearance subject to the conditions specified therein. The MoEF recommended for environmental clearance in its meeting held on 09­ 10.11.2010. However, MoEF had called a report from Northern Regional Office, Chandigarh vide letter dated 14.10.2010 regarding the proposed project. A team of officers inspected the project site, and, in the report, the distance of the housing­cum­retail project “CAMELOT” from Sukhna Wildlife Sanctuary is found to be 123 meters on Northern side and 183 meters on the Eastern side. Besides, the report stated that the project falls in the catchment area of Sukhna Lake as per the Survey of India Map.

3. On 12.01.2011, Tata HDCL addressed a letter to MoEF stating that the project site does not contribute to the catchment area of Sukhna Lake as physically the project area does not obstruct the natural flow of water towards Sukhna Lake.

5. The SEIAA sought clarification from MoEF as to whether it is competent to consider the application since the Sukhna Wildlife Sanctuary is located at a distance of 123 meters from the project site as per the report of Northern Regional Office of MoEF. The High Court vide order dated 26.03.2012 directed the Tata HDCL to comply with the requirements of the E.P. Act and Wildlife (Protection) Act for obtaining grant of necessary clearances/sanctions/permissions from the competent authorities.

12. In W.P.(C) No.2999/2014, it was submitted that the proposed project for extraneous considerations is illegal. The proposed project is located about 1500 meters from Sukhna Lake and 123 meters from the Wildlife Sanctuary. The project is zero kilometers from the periphery of Chandigarh. The project would destroy the wildlife sanctuary and would cause a serious threat to Sukhna Lake. The High Court had banned all construction activities in the catchment area of Sukhna Lake in C.W.P. No.7649/2003. The project would adversely affect the environment within Chandigarh and increase noise pollution by several manifolds, which would harm the wildlife present in the adjoining Sukhna Wildlife Sanctuary. Impact of a high­rise building having 28­storeys on the edict and norms of the city of Chandigarh has not been properly considered.

It is also mentioned here that there are existing houses and other constructed buildings in Kansal area, which are a part of Kansal village in Punjab and other spontaneous construction.

The High Court has ultimately given the finding that the project site is found to be a part of the area of Sukhna Lake. The permission granted by Nagar Panchayat on 05.07.2013 to Tata HDCL has been set aside. Verification was sought from the MoEF as Sukhna Wildlife Sanctuary was located at a distance of 123 meters away from the proposed project. SEAC, Punjab, considered the matter on 18.04.2013. Pursuant to that, Tata HDCL filed a revised application on 08.05.2013 in Form I and Form IA. In Form I, the project was described as “Group Housing (CAMELOT) Project"

18. The High Court has noted that after reserving the matter, a short affidavit dated 09.03.2017 has been filed on behalf of the Union Territory, Chandigarh, stating that Ministry of Environment Forests and Climate Change, in exercise of the powers conferred by Section 3(2) and 3(3) of the E.P. Act read with Rule 5(3) of the E.P. Rules has notified an area of 1050 hectares, to an extent varying from 2 km. to 2.75 km. from the boundary of Sukhna Wildlife Sanctuary in the Union Territory of Chandigarh, for that Notification dated 18.01.2017 has been issued. The High Court has also relied on the conditions of Notification, which is extracted hereinunder:

19. The Notification makes it clear that no new commercial construction of any kind shall be permitted within 0.5 km. from the boundary of protected area or up to the boundary of the eco­sensitive zone. Construction of all types of new buildings and houses up to a distance of 0.5 km. in the zone­I shall be prohibited from 0.5 km. to 1.2 km, construction of low density (ground coverage less than half of the plot size) and low rise building about 15 feet can be permitted.

Thus, we dismiss the appeals with the directions mentioned above.

(B.R. GAVAI) NEW DELHI;

NOVEMBER 05, 2019.