Wonder Projects Development Pvt. Ltd. & Anr. vs Union Of India & Ors

S.No.,Activity,Violation of Buffer

62,"Godrej by name “Wonder Projects

Development Pvt. Ltd†have obtained

Environmental Clearance

from SEIAA and consent for establishmen

from KSPCB and fore stablishment of

residential apartment in Sy Nos.61/2, 62 and

63/ 2. There is Nala within the

project area which connects Kasavanahalli tank

to Kaikondrahalli Tank.

Project under construction.","Sy No.62 and 63 falls under Lake buffer area.

As there is separate O.A.602/2019 on this

project, the same will be inspected by the

tcommittee as per the order dated 19.07.2019

and separate report will be submitted by the

committee.

A perusal of the remark extracted and emphasised herein would indicate that a separate O.A. No.602/2019 is also filed in respect of the instant,,

project and the Committee has indicated that a separate report will be submitted by it. The NGT in the course of the impugned order dated 03.02.2020,,

at para 7 has recorded that O.A. No.281/2019 and O.A. No.602/2019 which are also raised on an identical issue are being contemporaneously,,

disposed of by separate orders. The same would disclose that as on the date when the appeal wherein the impugned order is passed was disposed of,,

along with O.A. No.602/2019 the report relating to the project of the appellant was not available on record before the NGT if the remarks extracted,,

above are kept in view, since the Joint Committee was yet to complete the inspection.",,

In this regard it is to be noted that while ordering notice in this appeal on 02.03.2020 the parties were permitted to file the report in O.A.,,

No.602/2019 in the Registry of this Court. The respondent No.7 herein along with the affidavit has filed the report of the Joint Committee, which at",,

the outset indicates that it is with regard to the project relating to the appellants herein. Further on referring to certain aspects relating to the project,,

the details of the inspection carried out by the Joint Committee is referred at Clause 6.0. It is indicated therein that in order to finalize the report the,,

Joint Committee comprising of the members whose details are indicated made another round of inspection and meeting on 05.02.2020. It is thus,,

evident that as on the date the impugned order was passed i.e. 03.02.2020 the final round of inspection had not been completed and as such the NGT,,

did not have the benefit of the final report by the Joint Committee for making a factual determination, to arrive at a conclusion keeping in view the",,

legal position. Though the report of the Joint Committee is presently placed before this Court, it would not be appropriate for this Court to advert to the",,

details of the report and in that background take note of the rival contentions on merits since first appellate authority, based on the same has not made",,

a factual determination so as to consider the correctness or otherwise of the same in an appeal of the present nature.,,

Presently since the report of the Joint Committee is available in O.A. No.602/2019 relating to the same project, the said report is required to be",,

taken as a part of the consideration of the Appeal No.54/2018 which is disposed of through the impugned order by the NGT and a factual,,

determination in accordance with law is required to be made. To enable the same we find it appropriate to set aside the impugned order dated,,

03.02.2020 and restore Appeal No.54/2018 to the file of the NGT so as to enable it to reconsider the appeal by taking into consideration the report of,,

the Joint Committee prepared in O.A. No.602/2019, which shall be made available to the NGT by respondent No.7 herein. It is made clear that in the",,

circumstances under which the order dated 03.02.2020 is set aside, the validity or otherwise of the EC will remain subject to the fresh decision that",,

would be taken by the NGT and the EC shall not stand revived at this juncture. This Court has not expressed any opinion on merits and all contentions,,

are left open.,,

Taking note of the urgency indicated by the learned Senior Counsel for the appellants we request the NGT to dispose of the appeal after,,

reconsideration within a period of six weeks from the first date on which the parties appear before the NGT. For the said purpose the NGT shall on,,

receipt of this order indicate a date for appearance which shall be voluntarily ascertained by the parties herein without expecting fresh notice to be,,

issued by the NGT. The NGT shall also provide opportunity to all the parties to put forth any additional documents or objections if any to the report,,

and thereafter consider the matter in accordance with law.,,

In the result, the appeal is allowed in part. The order dated 03.02.2020 is set aside and the matter is remitted to the NGT to restore Appeal",,

No.54/2018 and reconsider the same in the manner indicated above. No construction shall be put up in the meanwhile. There shall be no order as to,,

costs.,,

Pending applications, if any, shall stand disposed of.",,