Impose fine on Uttarakhand for violating laws on Gairsain assembly building: NGT to SEAC

The National Green Tribunal has directed imposition of environmental compensation on Uttarakhand government for initiating construction of a new legislative assembly building at Gairsain in Chamoli district without mandatory clearances.

A bench headed by Justice Raghuvendra S Rathore passed the order after noting that construction was commenced without environmental clearance on the grounds that it is less than 20,000 sq metres.

However, the said construction has now exceeded 20,000 sq. metres and is totalling to about 25,000 sq metres, it noted.

The green panel asked the State Level Expert Appraisal Committee (SEAC) to examine the proposal as a case of violation of environmental law in respect of construction of building after taking into consideration all the facts and circumstances, particularly the size and nature of the building, its construction and the surrounding conditions at the place where the structure has come up.

"Accordingly, SEAC would impose appropriate conditions, general or specific, which shall be fulfilled by the respondents in letter and spirit. That after considering the entire matter in light of the environmental laws, the SEAC would be free to impose environmental compensation, as it deems fit," the bench said.

An SEAC at the state level is mandated to screen, scope and appraise projects or activities in Category B'. SEAC is a government-appointed body.

The tribunal directed that the compensation so imposed shall be deposited with the state pollution control board within a period of two months from the date of the order passed by SEAC.

"We direct SEAC to immediately take up the matter and conclude the proceedings within a period of one month, from the receipt of the copy of this order. However, the applicant would be at liberty to approach the tribunal, in case any cause of action arises subsequently," the bench said.

The tribunal's direction came while disposing of a plea filed by environment activist Vikrant Tongad alleging that there has been violation of environmental law in respect of construction of the building.

The plea had contended that the project at Gairsain area of Chamoli district in central Uttarakhand was started without obtaining environmental clearance and consent needed under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control) Act, 1974 in the eco-fragile area of the Himalayas.

Tongad had said the project, which will come up on a 100-acre land parcel, will have the assembly building, offices catering to the assembly, MLA hostels for 60 residents, officers' hostel for 60 residents, VIP residences for 16 ministers, residence for chief minister, speaker and deputy speaker and a helipad.

"The construction of Legislative Assembly building is being done in 100 acre land and total built up area is 20,812 sq metres without obtaining environmental clearance under Environment Impact Assessment notification, 2006," it had said.

The plea, filed through advocate Rahul Choudhary, had claimed that the sewage generated during the operation will be around 65 kilolitres a day, but no provision for installing a sewage treatment plant has been made.