The National Green Tribunal has slapped a penalty of Rs 68.51 lakh on a builder for construction in the green area in a housing complex in Gurgaon in violation of environmental laws.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel asked the builder to deposit Rs 68,51,250 to the Central Pollution Control Board within a month.
The tribunal said any approval granted without considering the impact on the environmental rights of persons to whom the flats were allotted is against the Sustainable Development and Precautionary Principles required to be enforced by it.
"Powers of regulatory authorities was required to be exercised in accordance with these principles. Environmental Impact Assessment procedure was required to be duly followed. The Deed of Declaration filed by the builder in 2009 showed the area to be an open area which was the basis on which the flats were allotted prior to 2010," the bench said.
The NGT said, "Out of 10.98 acre land which was meant for the project in question, only 7.93 acre land was used and remaining 3.05 acre land, which was open area, was converted into covered area for a commercial tower, irreversibly taking away the rights to ecological services of the persons to whom the flats were allotted."