The National Green Tribunal (NGT) has directed the Central Pollution Control Board (CPCB) to “exercise its statutory power for prosecution” and take action against a private developer in Gurugram for allegedly encroaching green areas and extracting groundwater illegally.

Takes note of report

A Bench headed by NGT chairperson Justice Adarsh Kumar Goel took note of a report submitted by a tribunal appointed committee that pointed to deficiencies made by Ansal Properties and Infrastructure Limited, the project proponent for Sushant Lok, Phase-I, Gurugram.

Noting that despite the report of the committee no action has been taken, the Bench said, “Compliance report has been filed indicating the steps taken. There is, however, nothing to show the exercise of statutory power for prosecution. The CPCB has suggested that the project proponent should furnish an action plan…”

“A pollution board is entitled to disconnect the electricity and water supply and take measures for stopping illegal activities as condition for continuing consent to establish or to operate. Let such further steps be taken in accordance with law and further report be furnished,” the Bench observed.

Illegal water extraction

In the report, the apex pollution monitoring body also suggested that the Central Ground Water Authority (CGWA) “should determine compensation for illegal extraction of groundwater.”

However, the green panel held, “We are of the view that such powers can be exercised by the CPCB itself by giving directions under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.”

The directions came when the green panel was hearing a plea that alleged encroachment of green areas, extraction of groundwater and violation of other statutory norms by Ansal Properties.

The NGT had earlier constituted a joint committee comprising of representatives from the CPCB, CGWA, Town and Country Planning Department, Haryana, Delhi School of Planning and Architecture and the State Environment Impact Assessment Authority, Haryana.

In January, the NGT had directed the CPCB to take measures for closure of the project, initiate prosecution and recover compensation for damage to the environment.