NGT restrains Ghaziabad builder from creating third-party rights in Saviour Park project

The National Green Tribunal (NGT) has imposed a stay on ceation of any further third-party rights by real estate developer Savfab Buildtech Pvt Ltd in its Ghaziabad’s “Saviour Park” project, citing environmental violations.

A bench of NGT chairperson Justice Adarsh Kumar Goyal also held that the environment compensation should be the liability of the builder and not the flat owners. The Project Proponent is given the opportunity to respond to these observations before the Tribunal as well as before the assigned Committee within one month, as per the order dated February 4.

The matter will be heard next on April 22. As per the complaint, the project site plan was approved by the Ghaziabad Development Association (GDA) on June 21, 2011. The 1,55,000.00 sqm-project falls under category 8(b) of the EIA Notification due to its potentially adverse environmental impacts on humans and the environment of the area, it stated.

It further said Impact Assessment Authority (SEIAA) granted Environmental Clearance dated March 4, 2013. However, in violation of EC conditions, the Project Proponent (PP) started construction and selling of the flats to the general public and also handed over possession before completion of construction.

Further, EC for expansion was granted on March 4, 2021, without a requisite appraisal. The realtor has violated EC conditions by constructing 1102 units against 980 units, the plea contended.

There is no arrangement for safe disposal of wastewater and solid waste and there is a violation of EC conditions in the use of the diesel generators sets and maintenance of noise emission standards, effluent management, and sagacious use of water including groundwater and other measures to safeguard adverse impact on the environment.

It also alleged that the builder has dug out several groundwater extraction borewells to use fresh water in the construction process as well as for drinking purposes without requisite NOC from Central Ground Water Authority (CGWA).

The plea said that the project is within the prohibited distance of the critically polluted area, Ghaziabad, attracting general conditions to the EIA notification. In such a case, the project required EC from the Ministry of Environment, Forest and Climate Change (MoEF&CC), the project is required to be treated as Category-A, the petitioner argued.

The green court, in its assessment committee report, found violations of the environmental norms and also held that regulatory authorities have not monitored the project activities.




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