Mumbai: The National Green Tribunal (NGT) has directed M/s. Castle Realtors Pvt. Ltd. to deposit Rs 2.02 crore as environmental compensation for violating pollution control norms at its ongoing real estate project. The tribunal also ordered the developer to submit a ₹50 lakh bank guarantee for the installation of an Organic Waste Converter (OWC) and a solar energy system within six months.
The case involved allegations that Castle Realtors, failed to install proper waste management systems, and did not obtain necessary pollution control permissions. There were several other complaints against the developer, but all of them were rejected by the NGT.
According to the tribunal’s findings, the project lacked a functional solid waste management system, leading to the dumping of waste in public landfill sites. Additionally, rainwater harvesting, soil conservation, and adequate tree plantation were not carried out.
The developer also failed to obtain Consent to Establish and Consent to Operate under the Water and Air (Prevention & Control of Pollution) Acts before handing over flats to residents. As a result, untreated sewage was discharged into the environment for 1,659 days before a sewage treatment plant (STP) became operational.
Rejecting the developer’s argument that no pollution was caused, the NGT ruled that pollution was inevitable since occupancy had begun without adequate infrastructure.
“Only two violations are found , mainly with respect to non-setting up of OWC of adequate capacity and non-installation of the solar system. For these facilities to be installed, we direct the Castle Realtors Private Limited, to install the same within a period of six months from the date of uploading of this Judgment, subject to submitting a Bank Guarantee to the tune of Rs 50 lakhs, which would stand forfeited, in case these facilities are not put in place within the time period. The said Bank Guarantee shall be deposited with the MPCB within one month of uploading of this Judgment. With respect to the STP having been not operated despite the possession having been given to the flat owners, it is apparent that pollution certainly must have happened. It has come on record in evidence that no Consent to Operate was obtained by the Castle Realtors before giving the possession to the flat owners and obtaining the Occupancy Certificate. Therefore, from the date of Occupancy Certificate having been issued i.e. on 27.04.2017 to till the date of application applying for Consent to Operate i.e. 29.03.2022 would be treated to be the period of violation and for this, adequate compensation is required to be levied from the firm,” reads the order copy.
