NGT stopped Falcon View project proponent to do any other construction further as it is illegal.
Falcon View a Project of Janta Land Promoters Ltd (JLPL) is an Illegal construction that project proponent did without taking environment clearance (EC) as per requisite law. In a writ petition filed by JLPL against Punjab Pollution Control Board and Anr wherein JLPL fell in the trap and National Green Tribunal Bench found Falcon view project a clear case of illegal construction and also asked Public Entities like (Electricity department, GMADA etc) to not provide any service to the illegal project till the time they acquire EC.
In a detailed judgment of NGT, that go uploaded today, it is clearly stated by the worthy bench of HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON, HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER, HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER, HON’BLE DR. NAGIN NANDA, EXPERT MEMBER that it is clear that the EC granted for the Super Mega Project does not, in any manner, cover the Falcon View Project. The contention to the contrary is against the facts on record and has to be rejected. Inspite of repeated directions of SEIAA and initiation of a prosecution, the appellant has continued the constructions in utter disregard and defiance of the statutory norms and directions.
NGT further says that the plea that a writ petition has been filed against the order of SEIAA cannot in any manner justify continuing illegal constructions in violation of the law for which there is no sanction in any of the orders of the High Court. The appellant is trying to create an irreversible situation by completing the constructions and creating third-party rights which is not congenial to the enforcement of rule of law and protection of the environment and public health. There is no merit in the contention that the EC issue being within the purview of SEIAA, the PCB cannot go into such a question. CTE itself is subject to EC. The State PCB can thus enforce conditions of CTE. The impugned order is within the purview of PCB jurisdiction.
The detailed judgment of Hon’ble NGT can be downloaded from this link