LawRato

Crack the whip on big players flouting building norms: NGT to SDMC

May 23, 2016


The decision of the courts in recent weeks has certainly made an impact on the general public regarding awareness of rights related to properties. The NGT, on Sunday, asked the South Delhi Municipal Corporation (SDMC) to crack the whip on the big players in the real estate business and not to restrict the actions only till the small commercial builders. The green panel expressed displeasure on the penalty imposed on constructions being carried out on smaller plots rather than initiating action against big players in the real estate sector. & quot Have you (SDMC) challaned a single builder for violation of construction norms? Have you caught hold of single commercial builder in South Delhi,& quot a bench headed by NGT Chairperson Justice Swatanter Kumar said. The observation came during hearing of a case related to air pollution in which it had last year issued notices to various persons to show cause why environmental compensation of Rs 50,000 not be imposed upon them for causing pollution. When the noticees appeared before the bench, they challenged the notices being issued to them and sought inspection report from SDMC. However the advocate representing the SDMC said that the authorities had personally visited the premises and only after that have issued the notices. Taking note of submissions, the tribunal directed the SDMC lawyer to instruct the officer concerned to be present with complete records of the inspection and the violation found by them on the next date of hearing. It also ordered municipal corporations to maintain a separate account of environmental compensation paid under the orders of the tribunal and restrained the civic bodies from spending it without its permission. During the hearing, the NGT also reduced the fine amount on violators depending on the size of plots of the owners. & quot We have heard the noticees who are present. The general plea being raised before the tribunal is that most of the noticees have owned properties less than 100 square yard and even less than 50 square yard and they have not committed any violation. We see that the violation committed is of a very minor nature. They have kept their construction materials within their premises. & quot On the facts and circumstances of the case, we are of the considered view that the amount of environmental compensation could be reduced in all these cases. Therefore, we direct that the person/noticees whose houses are built or were being under repair, on a plot area of 50 square yard or less, would be liable to pay environmental compensation of only Rs 5000 each,& quot the bench said. Cracking the whip on builders carrying out construction in areas over 2,000 sq ft and flouting environmental norms, the tribunal had earlier directed civic bodies and public authorities in Delhi-NCR to submit a list of such offenders.

OUR TAKE

The NGT has done a great job in directing the SDMC to crack the whip on the big players. Often in such cases, the small commercial players are often attacked while the big players run away without getting noticed. To ensure that such malpractices are not allowed, the NGT should be the police to these thieves. Environmental norms should at all times be followed and grow that the expense of the nature around, is certainly an undesirable prospect for the future of the country. Sustainable growth is the way to go forward and for that the environmental safety is imperative.

 

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