PUNE: The National Green Tribunal has ordered a developer to pay ₹2.55 crore in environmental damage compensation to the Maharashtra Pollution Control Board within two months for not obtaining the required environmental clearance for a completed residential project in Thergaon, Pimpri Chinchwad.
This ruling was made on September 3, following a 2016 petition by activist Tanaji Gambhire, who alleged that the project—which includes 497 flats and 25 commercial units—was constructed without the mandatory environment clearance (EC) and consent to establish. Gambhire also accused the Pimpri Chinchwad Municipal Corporation of neglecting concerns that part of the construction was located within flood lines of the Pavana river.
The municipal authority stated that it had issued building permissions and occupancy certificates (OCs) in phases: the OC for 225 flats was granted in March 2012, while the remaining were approved in April 2016. However, the developer did not secure an EC.
The tribunal noted that the project spanned three plots by two developers, but violations were specifically linked to one plot covering 20,452.18 square meters. While the same developer had worked on another plot, it was not subject to dispute.
According to the Centre’s environment impact assessment (EIA) notification from 2006, an EC is obligatory for projects exceeding 20,000 square meters of built-up space; those surpassing 1.5 lakh square meters require both an EIA and EC.
“Given the clear breach of the EIA notification related to the construction on plot no. C, we find it fitting to direct the project proponent (developer) to pay ₹2.55 crore as environmental damage compensation,” stated the tribunal’s order. This sum represents 5% of the project’s total cost.
Although the applicant contended that the constructions on both plots should be regarded as a single project, the tribunal concluded that the permissions were issued separately for each plot, and amenities like parking and clubhouses were independently arranged. “Hence, it is appropriate to treat the constructions on plots B and C as distinct projects,” the ruling emphasized.
On August 28, the NGT also instructed a developer of the Katraj-Kondhwa Road project to pay ₹1.7 crore for a similar infraction. In that case, the developer argued that the four buildings should be classified as separate projects, but the NGT deemed them part of a single scheme.
