A real estate firm building a housing complex adjacent to the Delhi University campus has told the National Green Tribunal that it will apply to the Environment Ministry for fresh environmental clearance for the project.
The university has challenged the grant of environmental clearance, citing that the project was violative of the Master Plan of Delhi-2021 and was against larger public interests.
The builder, Young Builders (P) Ltd, informed a bench headed by NGT Chairperson Justice A K Goel that the environmental clearance (EC), which was obtained earlier and challenged, will not be acted upon. "Counsel for the project proponent made a statement that as per his instructions, the project proponent has to apply for fresh EC to the MoEF (Ministry of Environment and Forests) and the impugned EC will not be acted upon.
"Counsel for the appellant states that if the impugned EC is not to be acted upon and the matter is to be considered afresh by the MoEF on merits the appeal may be disposed of as infructuous, without prejudice to the rights to challenge the fresh EC which may be granted, the tribunal noted. The green panel said that in view of the submissions it is no longer necessary for it to go into the merits and express any final view about viability of the project or otherwise.
Accordingly, the appeal is disposed of as infructuous, without prejudice to the rights and remedies of the parties in accordance with law, the bench said. Applying the "precautionary principle" of environmental law, the NGT on January 8, 2020 had directed Young Builders (P) Ltd in north Delhi that no construction activity should be carried out.
It had also formed a joint committee comprising representatives of the Central Pollution Control Board, Ministry of Environment and Forests and IIT Delhi to evaluate the project. The builder then challenged the order in the apex court, which set aside the order. Later, the green panel once again restrained the real estate developer from any activity.
The tribunal had passed the order on a plea by Delhi University challenging the environmental clearance granted to a housing project by Young Builders (P) Ltd in north Delhi. The plea challenged the order of the State Environment Impact Assessment Authority granting Environmental Clearance (EC) for the housing complex located at 1 and 3, Cavalry Lane and 4, Chhatra Marg at Civil Lines here.
It said EC could be granted by the Ministry of Environment and Forests and not by SEIAA as the project is within 10 km from Critically Polluted Area, notified by CPCB. The university said the permission sought by Young Builders Private Limited for construction of a group housing society in the university enclave was violative of the Master Plan of Delhi-2021 and was against the larger public interest, "given the fact that the project site in question and its vicinity are within the North Campus of the University and that it contains various historical and archaeological buildings".
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