The top court also directed Centre to file a compilation indicating whether clearances were issued to these builders or not.
New Delhi:
The Supreme Court on Friday made it clear that the National Green Tribunal order directing some Tamil Nadu builders to pay fine for carrying out construction without obtaining prior environment clearance would continue to be in force.
A bench headed by Chief Justice T S Thakur and Justice R Banumathi also said a 5-member committee formed by the NGT, vide its July 2015 judgement to assess the ecological and environmental damage caused by these developers, would continue to work and submit its report to the apex court and the green panel.
"We are of the view that the committee formed by the NGT has to be allowed to undertake the excercise on terms of the direction of the NGT order."
"The committee can go ahead with the assignment as early as possible and will also submit the copies of the report to the SC and NGT," the bench said.
The top court also directed Centre to file a compilation indicating whether clearances were issued to these builders or not and the copies of inspection report on the basis of which the environment clearance was granted to them.
It ordered the builders to file an affidavit stating whether the possession of flats had been given to owners and whether they were residing there or not.
The NGT by its July 7, 2015 order had struck down the Ministry of Environment and Forests' office memorandum in 2012 and the amendment to it in 2013, which had condoned construction carried out by builders without obtaining prior environment clearance.
It had termed the office orders illegal and imposed a penalty of Rs 76.19 crore on seven private builders in Tamil Nadu for raising housing complexes without green clearance.
Noting that remedial action has been taken, the bench said, "while the government is in the process of reviewing entire issue and issuing a fresh notification, there will be no difficulty in providing the complete picture of status of clearances given to the appellants (builders)."
On the last hearing, the top court had observed that housing projects raised without environment clearance were illegal and conceded that it might have committed a mistake by previously staying the NGT order halting construction of these projects.
A bench headed by Chief Justice T S Thakur and Justice R Banumathi also said a 5-member committee formed by the NGT, vide its July 2015 judgement to assess the ecological and environmental damage caused by these developers, would continue to work and submit its report to the apex court and the green panel.
"We are of the view that the committee formed by the NGT has to be allowed to undertake the excercise on terms of the direction of the NGT order."
"The committee can go ahead with the assignment as early as possible and will also submit the copies of the report to the SC and NGT," the bench said.
The top court also directed Centre to file a compilation indicating whether clearances were issued to these builders or not and the copies of inspection report on the basis of which the environment clearance was granted to them.
It ordered the builders to file an affidavit stating whether the possession of flats had been given to owners and whether they were residing there or not.
The NGT by its July 7, 2015 order had struck down the Ministry of Environment and Forests' office memorandum in 2012 and the amendment to it in 2013, which had condoned construction carried out by builders without obtaining prior environment clearance.
It had termed the office orders illegal and imposed a penalty of Rs 76.19 crore on seven private builders in Tamil Nadu for raising housing complexes without green clearance.
Noting that remedial action has been taken, the bench said, "while the government is in the process of reviewing entire issue and issuing a fresh notification, there will be no difficulty in providing the complete picture of status of clearances given to the appellants (builders)."
On the last hearing, the top court had observed that housing projects raised without environment clearance were illegal and conceded that it might have committed a mistake by previously staying the NGT order halting construction of these projects.
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