NOIDA: The National Green Tribunal (NGT) has expressed strong discontent regarding non-compliance with its previous orders, instructing the Ghaziabad district magistrate to initiate a warrant of attachment against Gaursons Promoters Private Limited’s headquarters and submit a compliance report within four weeks.
The tribunal also mandated that a designated officer from the central or state government file a criminal complaint against the developer’s managing director under Section 30 of the NGT Act, which pertains to penalties for environmental non-compliance.
The principal bench comprising judicial member Justice Arun Kumar Tyagi and expert member Dr. Afroz Ahmad issued these directions after reviewing a petition filed in May 2023 by Ashish Sharma, a resident of Greater Noida’s 14th Avenue in Gaur City 2. Sharma raised concerns about a garbage collection center operating in the basement of Tower I, claiming that an organic waste converter (OWC) was producing unpleasant odors, posing health risks to residents.
Upon taking suo motu cognizance of the complaint, the tribunal set up a joint inspection committee to assess the situation. The findings prompted the NGT to order the relocation of the OWC and waste collection center within four weeks on August 16, 2024. Despite these instructions, over a year later, no action had been taken. Consequently, Sharma filed an execution application, leading the tribunal to issue notices to various respondents, including Gautam Budh Nagar district magistrate, Uttar Pradesh Pollution Control Board, Greater Noida Industrial Development Authority (GNIDA), and Ghaziabad Development Authority, demanding a compliance status report within four weeks.
During a hearing on December 16, the tribunal observed that the Ghaziabad DM and the developer did not appear, while representatives from GDA, UPPCB, and GNIDA were present but failed to provide compliance reports. The bench criticized the authorities for their “casual approach” towards judicial orders, indicating a lack of priority given to enforcing these mandates.
The tribunal emphasized that its orders hold legal validity akin to civil court decrees, enforceable through property attachment, sale, or arrest for non-compliance, as outlined in Section 25 of the NGT Act and the Code of Civil Procedure.
Due to Gaursons’s failure to comply, the tribunal ordered a conditional warrant for attachment of the developer’s Indirapuram headquarters, to be executed by the Ghaziabad DM.
Recalling earlier proceedings, the tribunal noted that during prior hearings, the developer had shown willingness to move the waste facility, arguing that GNIDA had approved the basement for the OWC and that permission was required for its relocation. On July 12, 2024, the tribunal involved GNIDA after the developer’s counsel indicated that a relocation request was pending. The GNIDA’s attorney assured an order would be issued promptly.
At that time, Gaursons’ counsel, AR Takkar, assured the bench that upon receiving GNIDA’s approval, the relocation would be completed within a month—a promise that was ultimately unfulfilled.
In his response to the NGT order, Takkar informed TOI that Gaursons had not received any notice regarding the execution application. He asserted that the responsibility for the delay fell on GNIDA, as they awaited permission to relocate the OWC and garbage collection center. The next hearing is scheduled for January 29, pending the DM’s compliance report regarding the attachment order’s execution.
