Whether court can direct builder to demolish existing construction if there is subsequent changes in Environment clearance law?

 A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures. Neither can it be expected to knock the doors of an authority, not empowered at the relevant time, to process its applications. Such a scenario would render the process akin to a Sisyphean task, eternally inconclusive and never ending. { Para 25}

26. As seen, the NGT in the impugned judgment has protected the completed construction and, on this aspect, we deem it appropriate to endorse the same, by accepting the submission of the appellant’s Counsel and the learned ASG. The four constructed buildings are resultantly to be treated to be under a valid EC with all legal consequences. It is, however, made clear that if any further construction is proposed by the appellant with the sanctioned layout, the same should not be done on the strength of the EC granted on 28.11.2017 by the PCMC. In other words, if the Project Proponent wishes to construct the remaining buildings, they must secure fresh clearance from the competent authority, as per the currently applicable framework. It is ordered accordingly.

Supreme Court

JUSTICE R. SUBHASH REDDY JUSTICE HRISHIKESH ROY

M/S. SAI BABA SALES PVT. LTD. Vs. UNION OF INDIA & ORS.

CIVIL APPEAL NO. 595 OF 2021

26th November 2021

Author: Hrishikesh Roy, J.

Citation: 2021 ALL SCR (ONLINE) 698

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NGT bans use of plastic bottles and bags in Haridwar

NEW DELHI: The National Green Tribunal on Thursday imposed a complete ban on plastic bags in the pilgrimage towns of Haridwar and Rishikesh, slamming the authorities for lackadaisical attitude in keeping the Ganga clean, warning of action against those violating the order. 

The NGT expressed displeasure at the "pathetic" state of affairs prevailing on the bank of river Ganga and castigated the authorities for lackadaisical approach on the issue, as it pronounced the order to make the Ganga pollution- free to allow devotees to take a dip and collect clean water and imposed a fine of Rs 5,000 per violation. 

"There shall be complete prohibition on plastic in the entire Haridwar and Rishikesh, particularly on the banks and flood plains of river Ganga. Plastic will not be used for any purpose whatsoever i.e for serving food, commodities, packing items etc. 

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