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The National Green Tribunal (NGT) has rejected a Bhubaneswar real estate developer's appeal against a show-cause notice issued by the State Environment Impact Assessment Authority (SEIAA), Odisha, for environmental violations in a housing project in Kalarahanga. SEIAA flagged non-compliance with Environmental Clearance (EC) norms, including improper DG stack height installation. The ruling halts Phase III construction (17 towers of 21 stories each) and warns of possible EC revocation. The NGT reaffirmed that challenging a show-cause notice is legally invalid, reinforcing strict environmental compliance for large-scale real estate projects.
In a landmark ruling, the National Green Tribunal (NGT) denied an appeal from a Bhubaneswar real estate developer who was challenging a show-cause notice issued by the State Environment Impact Assessment Authority (SEIAA), Odisha. The notice was issued in response to environmental violations observed in one of the builder's prominent housing projects in Kalarahanga, Bhubaneswar. Advertisement
SEIAA had earlier issued the show-cause notice to the realtor for failing to adhere to norms specified in the Environmental Clearance (EC) certificate granted for the mega project. Rather than addressing the concerns raised, the builder took the matter to the NGT, challenging the validity of the notice.
The tribunal determined during the hearing that an appeal against a show-cause notice is not legally maintainable since the notice only starts the process that could lead to a formal decision rather than establishing a final order. The show cause notice required the builder to comply with regulations, specifically regarding the installation of DG stack height, as mandated by the Odisha State Pollution Control Board for completed structures in Phase I and Phase II of the project. These phases include a 14-story tower in Phase I and six 16-story towers in Phase II.
Additionally, SEIAA took stringent action by halting the construction of Phase III, which involves the development of 17 towers, each rising to 21. The notice also asked the builder to explain why the identified violations should not result in the EC being revoked.
The NGT bench, reviewing the case, reaffirmed that an appeal against a show cause notice is not valid under the tribunal's jurisdiction. The hearing further pointed out that the builder had yet to submit a response to SEIAA's notice. With this ruling, the tribunal dismissed the appeal, reinforcing the stance that procedural compliance must be met before any legal challenge can be considered.
The NGT's decision serves as a stern reminder to developers about the necessity of environmental compliance in large-scale real estate projects. By dismissing the builder's appeal, the tribunal has underscored the importance of adhering to prescribed norms before resorting to legal action.
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