Karnataka’s State Level Environmental Impact Assessment Authority (SLEIAA) has issued a second show cause notice to a real estate project in Bengaluru for not installing solar energy facilities, discharging sewage into an adjacent and failing to hand over management services to the Resident Welfare Association.
“For the project Prestige Tranquility, the developer Prestige Estates Pvt Ltd was required to provide clarification within 20 days of the first notice sent on August 26, 2022. Failing to furnish clarifications and explanations, this is a second opportunity for the developer to provide clarifications within seven days from the receipt of the notice,” said the notice dated February 13.
The Ministry of Environment, Forest and Climate Change (MOEFCC) sent two notices to the Member-Secretary of SLEIAA in August 2021 and February 2023, asking the department to take action over several violations found during site visits to the project.
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The violations
A ground inspection by MOEFCC in 2021 found that the developer had not installed solar harvesting facilities in the project.
“Solar geysers have been installed for the top two floors; however, the common areas are not being powered by solar energy,” it said in a report.
The site inspection also found that filter presses (which separate solids from liquids) were not functional in the Sewage Treatment Plant (STP) and excess STP water was being pumped through a pipeline into a nearby storm-water drain.
“As per the Environmental Clearance (EC) obtained in 2012, the project developer shall maintain and operate common infrastructure for five years after commissioning the project. Additionally, the developer should mention an appropriate condition in the sale deed to handover the maintenance responsibilities to the Resident Welfare Association. However, no such documentary evidence could be found,” the report said.
Additionally, the ministry noted that during the site visit, officials found the RWA was "ill-informed" about the management and services-related aspects and concluded that the developer had failed to hand over maintenance responsibilities to the RWA.
The inspection report observed several non-compliance by the EC, including failure to meet a green-belt target of 41.51 percent of the project area.
A spokesperson for the Prestige Tranquillity Apartment Owners Association (PTAOA) told Moneycontrol: “Most of the points pointed by SLEIAA in the show cause notice issued on August 26, 2022, for Prestige are factually incorrect. PTAOA has not received any show cause notice dated 26.08.2022; otherwise, we could have responded well in time.”
On February 24, PTAOA replied to SLEIAA Karnataka's show cause notice, stating: "We would like to mention our STPs are working well and meeting the norms prescribed by the KSPCB. We ensure that no partially treated sewage is being discharged outside the premises."
Additionally, the reply said that of the total land area of 1.4 lakh square metres, the green belt is spread across 60,692 sq metres or 41.67 percent. "We have already installed a 2 kW solar power system for general lighting and are in the process of installing a 5 kW of solar power plant for campus lighting," the reply added.
A spokesperson for the Prestige Group told Moneycontrol: "Prestige wishes to confirm that we have installed sufficient STP units within the property of suitable capacity and specification and all sewage has been treated through the treatment plant. There is no discharge of untreated sewage water."
Additionally, the developer said that solar lighting has been installed around the clubhouse in the common areas and solar water heaters provided for the top two floors in all 17 towers.
According to the data provided by the developer, the completion certificate was issued in September 2015, and property management and services were handed over to Residents Welfare Association in September 2020.
"As evident with the handing over date, Prestige has maintained the infrastructure for over a period exceeding 5 years; and beyond this date it is the RWA (responsibility) to undertake the upkeep and maintenance of all common assets," the spokesperson added.
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The timeline
According to the Prestige Group website, Project Tranquility sprawls across 38 acres and has 2,368 units across 17 towers.
Prema Mistry who bought a 3BHK apartment in 2011, today priced at about Rs 1.3 crore, said: “We still have a temporary power supply, and due to an absence of solar panels, we are paying more for electricity bills for common areas.”
According to documents accessed by Moneycontrol, Karnataka State Pollution Control Board (KSPCB) sent the first notice to the RWA and the developer in 2020 for the illegal discharge of untreated sewage in Bomannahalli lake, which ultimately reaches the Bellandur lake.
On June 11, 2021, KSPCB issued a show cause notice to the association and the developer, proposing that Bangalore Electricity Supply Company Limited (BESCOM) stop or cut off the power supply to the apartments until further orders.
This comes after the Central Pollution Control Board (CPCB) issued a notice to the KSPCB in May 2021, to act on the violations noticed in the project.
In reply to a Right To Information (RTI) application in August 2021, accessed by Moneycontrol, MOEFCC said the developer had failed to file a six-monthly compliance report for the Prestige Tranquility project. Additionally, the RTI reply noted that out of 30 projects, the developer has regularly filed six-month compliance reports in only eight projects.
The status of fire clearances for the high-rise project is unclear. An RTI reply in November last year mentioned that in November 2021, the Karnataka State Fire and Emergency Services had rejected the developer's request for renewal of clearance, noting the developer had not responded to the inspecting officer’s demand to get the building inspected for renewal of clearance certificate.
Dhananjaya Padmanabhachar, director of Karnataka Home Buyers Forum, added: “All flat owners and housing co-operative societies should ensure to get an audit done from an independent consulting company before taking handover from the promoters on all the approvals -- STP audit, validating all NOCs (No Objection Certificates) and ensure the documents are clear.”
Once the handover is completed, it's the responsibility of the housing cooperative society to adhere to the STP guidelines through professional agencies.
Senior officials in SLEIAA told Moneycontrol that the state department was awaiting a reply from the developer and will take further action in the next scheduled meeting.
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