The Thiruvananthapuram High Court has issued an interim stay, pausing the National Green Tribunal's (NGT) decision to revoke the environmental clearance for Dragonstone Realty Private Limited's mixed land use project at Technopark phase 3. The NGT's order not only cancelled the clearance but also imposed a Rs 15 crore penalty on the project. The stay, granted for a month in response to Dragonstone Realty's writ petition, provides relief against the NGT's verdict. The NGT had cited a project split violation in its decision, prompted by an appeal from environmentalist Thomas Lawrence. The stay offers temporary relief while further legal proceedings unfold.
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Dragonstone Realty Private Limited's writ petition has prompted a court-issued interim order to suspend the National Green Tribunal's (NGT) ruling. The NGT had cancelled the Environmental Clearance (EC) for Dragonstone Realty's project. The court's stay on the NGT order will remain in effect for one month. Notices have been dispatched to all concerned parties involved in the writ petition. This development offers a temporary reprieve for Dragonstone Realty as legal proceedings unfold. The State Environment Impact Assessment Authority (SEIAA) is pursuing a review petition.
In a significant development, the Thiruvananthapuram High Court issued an interim stay last week, effectively suspending the National Green Tribunal (NGT) order that revoked the environmental clearance (EC) for the expansion of Dragonstone Realty Private Limited's mixed land use project at Technopark phase 3 campus. The NGT had not only cancelled the EC but also imposed a substantial penalty of Rs 15 crore on the project proponent.
The interim order, valid for a month, comes in response to a writ petition filed by Dragonstone Realty Private Limited, seeking relief against the NGT's verdict. The court has also issued notices to all parties involved in the writ petition.
The NGT's decision to cancel the environmental clearance was rooted in its assertion that the approval granted by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) for the main phase-3 project and the state environmental impact assessment authority's clearance for the phase 3 expansion were tantamount to splitting the project. This division of the project was deemed to violate the precedent set by a 2020 Supreme Court verdict. The NGT's judgment came as a result of an appeal lodged by environmentalist Thomas Lawrence, contesting the issuance of EC for the proposed expansion of the mixed land use project.
The mixed land use project, covering an area of 3.937 hectares, with a built-up area of 2,71,164.4 square meters, was initially approved for a built-up area of 1,33,491 square meters. The proposed expansion sought an additional built-up area of 1,37,673.4 square meters.
The NGT's decision to impose a hefty penalty of Rs 15 crore on the project proponent, coupled with the directive to remit the sum to the integrated regional office of MoEF&CC within three months, aimed at directing the funds towards wetland improvements within the district.
The stay order is a substantial reprieve for Dragonstone Realty as the deadline for paying the fine was set to expire this month. Notably, work on the site related to the case had already been halted following the NGT's injunction against proceeding with any further expansion work for phase-3 without obtaining proper environmental clearance.
In response to the NGT's ruling, the State Environment Impact Assessment Authority (SEIAA) has opted to file a review petition before the National Green Tribunal. During the 128th meeting of SEIAA, the authority discussed the legal perspective offered by the standing counsel and decided to initiate the process of filing the review petition. Additionally, the SEIAA conveyed its intention to engage the Advocate General for legal counsel on further actions.
The interim stay by the High Court provides a temporary respite for Dragonstone Realty in their legal battle over the Technopark project, as all involved parties await further legal proceedings and decisions.
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