“Apart from considering the remedial action against violations, two-member Committee comprising Additional Secretary, MoEF&CC, to be nominated by the Secretary MoEF&CC and the Chairman, CPCB need to conduct functional audit of SEIAA, UP to find out how frequent blatant violations are taking place and how the situation can be remedied,” the bench said.
The committee will be free to take assistance from any other expert/institution and interact with the stake-holders, the NGT said, adding that SEIAA, UP has to review its working in the light of judgements of the Supreme Court and in the light of frequent and rampant violations.
The NGT, in its August 13 order, also directed that an appropriate SOP may be laid down by the MoEF to deal with such Environmental Clearances (ECs) which may be circulated to all SEIAAs.
The tribunal was hearing a plea filed by Saviour Park Apartment Owners Association against violation of environmental norms in setting up of a construction project – “Saviour Park”, Plot No. 108, Katori Mill, Loni Road, Mohan Nagar, Ghaziabad, UP, by Savfab Buildtech Pvt. Ltd., without valid Environmental Clearance (EC) and without requisite safeguards.
The NGT also constituted a joint committee of MoEF, CPCB, SEIAA, UP, State PCB and District Magistrate, Ghaziabad and directed it to submit a report on violation of environmental norms in setting up of a construction project.
The Joint Committee may give its report and availability of basic infrastructure facilities like sewage and solid waste management, it said.
Meeting of the joint Committee may be held within 15 days from today to take stock of the situation, the NGT said, adding that it may visit the site and interact with the stakeholders including the project proponent to verify the status of compliance.
“Based on the facts found, the statutory authorities may take remedial action including stopping creation of third party rights and further construction activities, if the same are found to be in violation of law,” the tribunal said.