Order of the National Green Tribunal regarding violation of environmental norms by Arborea Luxury Homes, Dehradun, Uttarakhand, 15/03/2021

  • 15/03/2021

Order of the National Green Tribunal in the matter of Sarvesh Dangwal Vs State of Uttarakhand dated 15/03/2021 regarding allegation of violation of environmental norms by Arborea Luxury Homes, Tarla Nagal, Kulhan, Dehradun, having a swimming pool and 96 apartments.

The report filed by the  Uttarakhand Pollution Control Board January 15, 2020 acknowledged illegal extraction of groundwater. A further report filed by the Central Pollution Control Board showed violation of environmental norms was still continuing. An action taken report was filed by the state PCB February 5, 2021 which informed the NGT that consent to operate has not been taken by Arboria Luxury Home. Further, as per the inspection report, the society was utilizing two borewell of capacity 7.5 HP and 5.0 HP respectively and the society had not obtained permission from the Central Ground Water Board. Uttarakhand Pollution Control Board has imposed a sum of rupees ₹14,66,250/- as Environment Compensation on M/s Arboria Luxury Home, Tarla Nagla, Kulhan, Dehradun.

The compensation imposed was "insignificant and does not cover the entire period of violation" and also does not ensure action against continuing violation for which compensation must include "element of deterrence to compel compliance". Also, the compensation amount has not even been recovered by the state PCB the NGT in its order March 15, 2021 noted. The court directed the state PCB to take further remedial action to ensure compliance of environmental norms and fix compensation.