National Green Tribunal bench has ordered to file criminal cases against BMC officials for environmental degradation

MUMBAI: The National Green Tribunal Bench, Pune has ordered the developer Dudhwala Group of the Rock Corner building, at Belasis Road, near Bus Depot, Mumbai Central East, to pay the fine of Rs 3.48 crores within two months for granting construction permission to the said project from the Building Permit Department of Brihan Mumbai Municipal Corporation(BMC), without obtaining the permission of the Environment Department. The NGT bench has also instructed to file criminal charges against the municipal officials who granted construction permission to the developer. In its order NGT Bench said, “If the permission for construction was given wrongly, then conduct a departmental inquiry through the BMC Commissioner and publish the report on the MCGM and MPCB websites.

Environmental activist Sayyed Mohammad Sabir had requested the NGT Bench, Pune to demolish the unauthorized construction which is without environmental department permission and impose a penalty on the builder Dudhwala for constructing the Rock Corner building without obtaining necessary permission. Accordingly, National Green Tribunal, Pune bench had ordered to form a joint committee of five members and asked them to submit a joint report in this case. In this committee members comprises were Principal Secretary of Environment Department, Government of Maharashtra, State Environment Impact Assessment Authority (SEIAA), Maharashtra Pollution Control Board (MPCB), Maharashtra Housing and Area Development Authority (MHADA) and Collector, Mumbai City and BMC Commissioner. The committee had inspected the site and submitted a report to the NGT Bench to fine the developer for environmental degradation.

The complainant filed a complaint with the Green Tribunal regarding the illegal and irregular construction without obtaining environmental clearance from the State Environmental Impact Assessment Authority (SEIAA) of the Government of Maharashtra and the consent of the Maharashtra Pollution Control Board (MPCB) against the Dudhwala Group. The final hearing of the said application was held on January 12, 2023 before the Hon. Judge Dinesh Kumar Singh of Green Tribunal and Dr. Vijay Kulkarni, an Environmental Expert. The Green Tribunal Bench passed its final verdict on January 30. Also, the Maharashtra Pollution Control Board has ordered the payment of penalty amount within two months from the date of the environmental compensation order by breaking down separate figures for the environmental damage caused due to non-observance under the Water Act, 1974 and Air Act, 1981 since 2011.
A high-level committee was also constituted by National Green Tribunal. The said committee submitted its report. A clear finding of guilt was recorded. Taking this report into account, the bench gave this historic decision. In the said case, Adv. Nitin Lonkar, Adv. Sonali Suryavanshi, Adv. Tanaji Gambhire and Adv. Pradnya Bheke appeared / represented the environmental activist and complainant Sabir Syed.