SC rejects plea of Jaypee against NGT order

In October 2013, NGT had directed the Noida Authority to stop construction activity within 10 km of the wildlife sanctuary

The Supreme Court has rejected a real estate firm Jaypee Infratech’s plea that the Noida Authority be directed to grant completion certificates to its projects near the Okhla bird sanctuary here.

In October 2013, the National Green Tribunal (NGT) had directed Noida Authority to stop all construction activity within

10 km of the wildlife sanctuary, as the area was under an eco-sensitive zone. It also asked the central government to fix rules for this. Subsequently, state governments were asked to suggest rules for sanctuaries.

On Tuesday, a bench of judges J S Kehar and C Naggapan said, “Let the central government take a decision on this issue.” It dismissed Jaypee Infratech’s plea filed against the NGT’s interim orders.

The firm’s counsel, A M Singhvi, said about 4,000 flats were ready for possession and if completion certificates weren’t issued by Noida Authority, it would lead to denial of possession to house buyers who had paid about 95 per cent of the sale consideration.

In its interim direction, the NGT had said, “All building constructions within a 10-km radius of the Okhla bird sanctuary or within a distance of eco-sensitive zone, as may be prescribed by the notification issued by the MoEF (Ministry of Environment and Forests), shall be subject to the decision of the National Board of Wild Life (NBWL) and till the time the clearance of NBWL is obtained, the authority concerned shall not issue completion certificates to projects.”

In the court, Jaypee said the NGT had relied on a Supreme Court order, and had “completely misread the order” to mean the apex court had “enforced/implemented the 10-km eco-sensitive zone”.

The order has impacted a number of projects of various developers such as Jaypee, ATS, Ajnara, Amrapali and Supertech. According to estimates, about 20,000 apartments are ready for possession and awaiting completion certificates.

A senior Supertech executive said as many as 45 projects had been impacted and developers were in an expansion mode for next phases, owing to the order.

Jaypee is developing an integrated township in Noida, across 1,072 acres. The company has substantially completed about 3,500 flats/apartments and has already given possession of about 300 apartments to buyers.

As of now, 3,669 flats/apartments were ready for possession by buyers, the company said.

A senior member of the Confederation of Real Estate Developers’ Associations of India, said now, the forum would take up the matter with Urban Development and Housing Minister Venkaniah Naidu. “We have got all environmental clearances for the projects. The Uttar Pradesh government has recommended 100 m as eco-sensitive zone. So, ideally, we should be given completion certificates by the Noida Authority,” he said.