NGT reprimands SEIAA for holding up environmental clearance for a colony in Gurugram

Synopsis

The National Green Tribunal (NGT) has reprimanded the Haryana State Environmental Impact Assessment Authority (SEIAA) for its failure to decide whether the 225-acre Malibu Towne requires environmental clearance. This follows a resident's petition in 2022 that raised serious concerns about the illegal operation of diesel generators and the discharge of untreated sewage, prompting a closure notice from the Haryana State Pollution Control Board (HSPCB). The notice has stalled new property transactions and construction activities in the area. Although SEIAA was instructed to assess the situation in July 2022, it has still yet to reach a decision. An extension has now been granted, with the next hearing scheduled for October 10.

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The Haryana State Environmental Impact Assessment Authority (SEIAA) has been rebuked by the National Green Tribunal (NGT) for not following an order from July 2022. The NGT expressed frustration over the delays in deciding whether the 225-acre colony in Sector 47, Malibu Towne, requires environmental clearance. As a result, the tribunal has granted SEIAA an additional four weeks to reach a conclusion.

In 2022, a Malibu Towne resident filed a petition with the NGT, citing environmental violations in the colony. The issues included the illegal use of 10 diesel generators in a green belt and excessive dumping of construction and demolition waste. In March 2022, the Haryana State Pollution Control Board (HSPCB) inspected the area and discovered untreated sewage being discharged into the drains. As a result, the HSPCB issued a closure notice to the developer of Malibu Towne in December 2022 for not obtaining the required environmental clearances.

The HSPCB's closure notice has not directly affected current residents of Malibu Towne; however, it has blocked new property transactions and development until the environmental clearance issue is resolved. Moreover, the Dakshin Haryana Bijli Vitran Nigam (DHBVN) was directed not to provide new electricity connections, and all construction activities were halted. Following the developer's claim that environmental clearance was not required during the initial development of Malibu Towne, the NGT directed SEIAA in July 2022 to evaluate whether the clearance was necessary. However, SEIAA has yet to make a decision, despite this directive being issued over a year ago.

In March this year, the NGT called upon officials from the Municipal Corporation of Gurugram (MCG), HSPCB, and the Department of Country and Town Planning after it observed that the committee tasked with investigating the petition had provided "vague and evasive" answers. During a hearing on September 19, it was noted that Rahul Khurana, representing SEIAA, requested an extra four weeks to finalise the review of the environmental clearance issue. The tribunal recognised the urgency of the situation and granted the extension but stressed that any further delays would not be acceptable. Judicial magistrate Sudhir Agarwal and expert member Dr. Afroz Ahmad underscored the need for swift action, stating that the matter should proceed as indicated. The order was released to the public last week, and the next hearing is set for October 10. A senior SEIAA official indicated that they would comply with the NGT's directives and provide their findings within the four-week timeframe.

The National Green Tribunal has expressed dissatisfaction with the Haryana State Environmental Impact Assessment Authority for failing to comply with a directive regarding environmental clearance for the Malibu Towne colony. Despite the urgency of the situation, further delays are not acceptable, as the tribunal has granted an additional four weeks for SEIAA to finalise its decision. The outcome of this review is crucial for the resolution of ongoing environmental issues and the resumption of property transactions and development in the area.

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