NGT THROWS A KNOCKOUT PUNCH AT DEVELOPERS
Noida: National Green Tribunal was set up on Oct 10, 2010 under the National Green Tribunal Act of 2010 for effective formulation of environmental policies and for keeping a strict vigil on commercial activities, in regard to maintaining a sound environment and to retain greenery of forests. Thus, the tribunal has been empowered with necessary jurisdiction that would deal with matters pertaining to environment and in a way, will reduce the burden of work that usually rests with higher courts for that matter.
Thus, from the realty perspective, the NGT has been in recent news for a significant reason that it did not provide the completion certificate to housing towers on the grounds that they were constructed within 10 km of the Okhla bird sanctuary. As a result, the concerned builders approached the Supreme Court for the purpose of seeking completion certificates, but the apex court declined to prevail on the issue and referred the case to Union Government for final ruling. It is to be noted here that the Union Government in New Delhi has been referred to, as the final decision about the official demarcation of boundaries as far as the eco-sensitive zone is concerned, around the bird sanctuary. However, it can be the case for protecting environment or for safeguarding bird species or of simply upholding the legal sanctity of the governmental body such as NGT, but the fact is that such a ruling has caused a great deal of agony and frustration among the developers, investors and end users.
Mr. Prashant Tiwari, CMD, Prateek Group says “It is a good step that the government has undertaken to form a body which will be responsible for clearing environmental issues for construction. But there has to be certain parameters which need to be set up in order to not discard the already constructed structures. This will hamper the real sector of NCR badly and can even go on to negatively strike the market sentiments in the Indian real estate sector, in general. NGT and government must strike a balance for this issue, so that neither the environment nor the developers loose”.
Mr. Kushagr Ansal, Director, Ansal Housing says “It will be quite harsh a decision to simply order the demolition of already constructed structures in Noida and other affected areas. It is to be noted that, most of the projects started with the construction even before NGT’s formation, and when NGT got formed, many projects were nearing completion. The sensitive zone radius had been also increased. Thus, most decisions came very late and earlier all necessary approvals and sanctions were provided. The court must look into this matter once again and should overlook the previous decision; as many units, money, time and effort of several investors, customers and developers”.