India Environment Portal Knowledge for change

About us Contact us
downtoearth-subscribe

Browse by subjects

Order of the National Green Tribunal regarding violation of environmental norms by housing projects in Lucknow, Uttar Pradesh, 13/09/2023

  • 13/09/2023

Order of the National Green Tribunal in the matter of Laxman Balyogi Vs State of Uttar Pradesh dated 13/09/2023.

The issue involved in the Original Application is about violation of statutory environmental norms in the development of housing projects - Dream Green City Phase-I and II at Lucknow, Uttar Pradesh by Nadim Abdul Hasan, Mohd. Nayab Khalida Ajij and M/s. Infra Reality and Developers Shnaha Palace.

A joint committee report, April 24, 2023 mentioned that the project was being set up without the necessary consent under the Water Act 1974 and Air Act, 1981. The counsel appearing for the Uttar Pradesh Pollution Control Board (UPPCB) has admitted that the construction is still going on at the project even though the court, April 26, 2023 had directed that no further construction should be allowed to take place till further orders.

A report by the Uttar Pradesh Pollution Control Board (UPPCB) stated that a compensation amount of Rs 35,62,500 was imposed on A. K. Infra & Reality Developers for violation of environmental norms which has not yet been paid.

The Joint Inspection Report of April 24, 2023 contained various observations relating to discharge of domestic effluent through drains in river Sai. The court noted that nothing has been pointed out to the tribunal to show that any action in pursuance to the above joint inspection report relating to discharge of domestic effluent has been taken.

The report said at the time of inspetion in Dream Green City (Phase-I), village Khasarwára, tehsil Sarojini Nagar, district Lucknow, out of total 231 residential plots, houses were found built on about 70 plots in which people are living. The domestic effluent generated from the residences is disposed of through septic tank/soakpit whose overflow finally joins the nearby drain. The drain ultimately join in the river Sai after approximate 4 km distance.
 
Another project - Dream Green City (Phase-II) in village Dhawapur had 400 residential plots out of which houses were built on 300 and in which people are living. Here again, the domestic effluent generated from the houses is disposed of through septic tank/soakpit whose overflow finally joins the nearby drain. The drain ultimately join in the river Sai after approximate 5 km distance.
 
The NGT directed the Secretary, Urban Development Department, Uttar Pradesh and the Uttar Pradesh Pollution Control Board to take immediate action to stop the flow of domestic effluent generated from the septic tanks/soak pit  of phase I and II of the project in question going to river Sai through the drains with immediate effect. The report clearly reveals the lackadaisical attitude of the UPPCB and showed that no attempt had been made to get the order of the tribunal implemented nor they have taken any effective steps to control the violation of the environment norms by the project proponent, said the NGT.

The court directed submission of a fresh action taken report to be filed by the UPPCB within a period of 8 weeks.