PUNE: The National Green Tribunal (NGT) has imposed a cost of Rs 33.75 crore on city-based Kumar Urban Developments Private Limited (KUDPL) and another Rs 2 crore on the Pune Municipal Corporation (PMC) for causing damage to the environment and violation of environmental norms at the ‘Kumar City’ project site in Wadgaon Sheri.
A four-member principal bench led by NGT chairperson Justice Adarsh Kumar Goel, on May 13, also restrained the project proponent (KUDPL) from proceeding with any construction over the project land “unless and until requisite statutory NOCs, consent and clearances are obtained from the respective competent authority in accordance with law”.
“The PMC has been penalised for failing to act against the violations and supporting the project,” lawyer Nitin Munot, who represented the applicant, told TOI.
The green tribunal directed KUDPL to pay the Rs 33.75 crore environmental compensation cost and PMC to pay the Rs 2 crore to the Maharashtra Pollution Control Board (MPCB) within three months. “The above amount shall be spent for remediation and restoration of environmental damage in the area in question,” the bench said.
The project has come up over a 1.63 lakh sq m area and involves three residential schemes: ‘Kumar Kruti’, ‘Saffronia’ and ‘Cerebrum’, besides a commercial mall on a plot, which according to the applicant, was marked for amenity space.
In 2019, the Kumar City Residents Cooperative Housing Society Limited moved the NGT alleging violations, including cutting of standing trees, diversion of stormwater drains by constructing concrete slabs and building residential accommodation without an environmental clearance.
Lawyer Saurabh Kulkarni, who appeared for KUDPL, told TOI on Sunday, "We have received the order and are studying it. We will decide future action after our analysis." Nisha Chavan, head of the PMC's legal department, said, " The points given in the orders will be checked with the departments concerned. We will also see the status of compliances mentioned in the judgment. After this analysis, we will decide whether to appeal against the ruling or not." For KUDPL and the PMC, the next legal remedy is an appeal before the Supreme Court.
In its ruling, the NGT also tasked authorities to come up with a restoration plan, using the penalty amounts.
"A joint committee comprising representatives from the Central Pollution Control Board, the State Environmental Impact Assessment Authority (SEIAA) and Pune district magistrate (collector) shall determine the manner in which the above amount can be utilised and layout the plan for remediation and restoration of environmental damage, within two months which shall be executed in six months thereafter," the bench said.
The applicant housing society had alleged that despite showcause notices, KUDPL went ahead and illegally cut trees, in violation of environmental laws and norms. It was brought to the NGT's notice that the environmental clearance for the project was obtained after the housing society filed its application before the tribunal.
On October 22, 2019, the NGT set up a committee under the SEIAA, that included MPCB, the Tree Authority and other representatives for submitting a factual report on the matter. The committee submitted its report on January 23, 2020, citing several violations. This report formed the basis for the tribunal's eventual ruling imposing exemplary costs on KUDPL and PMC.
