Sat. Sep 19th, 2020

Environmental clearance of super-specialty hospital in Faridabad, quashed and fine imposed on “project proponent”

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National Green Tribunal (NGT):While
quashing the environmental clearance of a 450-bed super-specialty hospital in Faridabad granted by
Haryana’s State Environmental Impact Assessment Authority (SEIAA), NGT directed
the developers and promoters of the project to pay an environmental
compensation of Rs 6.88 crore for “degrading the environment”, and another Rs 5
crore for having started the project without obtaining environmental clearance.
The Tribunal also directed that the super-specialty hospital, started by
Vivekanand Ashram Society and QRG Medicare Ltd., would not carry out any
activity in the entire premises and ordered the Haryana State Pollution Control
Board (HSPCP) and Haryana’s Environment Impact Assessment Authority (SEIAA) to
seal the premises if any activity was carried out. The order of the Tribunal
came on an appeal filed by an environmental activist, who claimed that rules and
regulations of Haryana Urban Development Authority (HUDA) regarding land use
does not permit construction of a super-specialty hospital at the site in
question as the said land was initially allotted to the Vivekanand Ashram
Society for establishing a residential school and a social development centre but
was taken over for constructing a 450-bed multi- specialty hospital by QRG
Medicare Ltd. After perusal of the material on record, NGT observed, “These are
not innocent people unaware of the law residing in some remote parts of the
country, all these are builders constructing huge residential, commercial,
mixed-purpose blocks, like hospital, as in the present case. The project
proponents are persons having large means and perspicacity. These projects
started after the 2006 notification came into force, but the proponents did not
even bothered to apply for the grant of environmental clearance.” The Tribunal,
though, refused to order the demolition of the hospital at this stage but asked
the State Government to constitute an independent committee to inspect the site
and make recommendations to ensure that the project proponents complies with
all the relevant laws, particularly in relation to the protection of
environment, ecology, water and air pollution and to give its findings within
45 days. (Krishan Lal Gera
v. State of Haryana, Appeal No. 22 of 2015, decided on 25-8-2015)
Source: Legal news India

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