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Last Updated : Feb 13, 2020 08:18 PM IST | Source: PTI

NGT refuses to review order on payment of enhanced compensation by Gurgaon builder

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said the review plea filed by Ambience Developers & Infrastructure Pvt Ltd lacks merit as it has considered all aspects of the matter and scrutinised each document.


The National Green Tribunal on Thursday dismissed a plea seeking a review of its order asking a committee to assess the enhanced compensation to be paid by a builder for construction in the green area in a housing complex in Gurgaon in violation of environmental laws.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said the review plea filed by Ambience Developers & Infrastructure Pvt Ltd lacks merit as it has considered all aspects of the matter and scrutinised each document.

"We have considered the averments contained in the Review Application and have examined the records of the case and we find that while passing the order, the tribunal has considered the entire aspects of the matter, scrutinised each of the document, including the report and the affidavits filed on behalf of the respected parties before arriving at the order being sought to be reviewed," the bench said.

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The NGT said it based its finding primarily on the report of the court commissioner and the pleadings contained in the affidavits of the parties, including the applicant.

"The report of the court commissioner was considered on several dates...before passing the order of that date. Thus, during the period of more than three years, sufficient opportunity was available to the applicant to raise objections to the court commissioner's report, but choose not to do. The review application appears to be an afterthought. We also do not find any merit in the application," the tribunal said.

The builder argued before the tribunal that no opportunity was provided to file objection to the report of the Ministry of Environment and Forests making an assessment of Rs 68,51,250 to be paid as environmental compensation.

The NGT had earlier constituted a committee comprising representatives of the Ministry of Environment and Forests, the Central Pollution Control Board and the Indian Institute of Forest Management, Bhopal, to assess the enhanced compensation to be paid by the builder.

The NGT had levied an interim compensation of Rs 68,51,250 on Ambience Developers & Infrastructure Private Limited for building Ambience Lagoon Apartment in Gurgaon.

The bench said the assessed amount does not deal with the loss of ecological services to the applicants who are allottees of apartments prior to the revised plans.

The apartment owners contended that the commercial tower construction was not part of the Deed of Declaration and the original sanctioned plan which was for 10.98 acres.

The subsequent revised plan, based on EC granted could not affect the rights of the allottees of apartments, prior to the said date, they said, adding that the commercial tower affected the environment rights of the allottees.

The tribunal was hearing a plea filed by Gurgaon residents Anil Uppal and others, seeking action against the builder for construction on the green/open area in the housing complex.

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First Published on Feb 13, 2020 08:10 pm
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