No relief for developer who damaged environment
In a setback to a city-based developer, Bombay High Court recently dismissed his plea challenging the orders of the National Green Tribunal (NGT). NGT imposed a fine of Rs 40 lakh on the developer as he had indulged into illegal tree- and hill-cutting in Lonavala for his upcoming project.
The developer, Vikas Developers, wanted to construct ‘Vikas Valley,’ an integrated residential housing complex in Lonavala having an area of 1,21,113 sq mt and approved by Lonavala Municipal Council.
According to advocate Aditya Pratap, who appeared for the petitioners in NGT, it was in December 2014, when the developer suddenly and illegally started cutting trees grown on a recreation ground that was demarcated as a recreational area in the layout.
“Without any statutory approvals, they cut an illegal road through the hillside and destroyed part of the recreation ground (or garden). This illegal road was cut through the hillside to connect two plots owned by the developer,” Pratap said.
NGT had held the developer caused ‘massive damage’ to the environment by illegally cutting the hill and felling trees without permission.
“On the main issue, the tribunal held that the site photographs, Google Earth Images and expert report submitted by us was conclusive proof of the environmental damage committed by the developer. There was major loss of vegetation and green cover. The NGT further held that illegal and unauthorised tree cutting and hill cutting is an offence to the environment. Thus, the developer committed major environmental damage,” Pratap said.
Aggrieved by the findings of NGT and the heavy fine, the developer approached the Division Bench of Justice Shantanu Kemkar and Justice Mahesh Sonak.
After hearing submissions from both sides, the Bench held the developer has the remedy to approach Supreme Court and accordingly dismissed its petition.
Vikas Developers wanted to construct ‘Vikas Valley,’ an integrated residential housing complex in Lonavala and approved by Lonavala Municipal Council