Delhi HC sets aside green nod to Tata Camelot project
Project falls in the catchment area of Sukhna Lake, rules court
NEWDELHI: In a major blow to the Tata Housing Development Company Limited, the Delhi high court on Wednesday set aside the grant of environment clearance given to the Rs 1,275 crore Tata Camelot Housing Project near Sukhna Lake in Chandigarh.
Tata HDCL proposed to construct 19 towers of 7 to 28 storeys in an area admeasuring 52 acres which is located about 1.5 km from Sukhna Lake and 123 metres from the Sukhna Wild Life Sanctuary.
The housing project the construction of which has been sanctioned by Punjab is situated right behind the Capitol Complex. A bench of chief justice G Rohini and justice RS Endlaw set aside the environmental clearance given by the Punjab government saying that area over which the project is proposed to be constructed forms part of the catchment area of Sukhna Lake.
The bench also ruled as invalid the permission granted by Nagar Panchayat Naya Gaon to Tata HDCL to contruct the project. “The contention of the petitioners that Section 48(5) of the Punjab Reorganisation Act, 1966 shall be applicable to the entire catchment area of Sukhna Lake is untenable and accordingly rejected,” the court said.
“We, therefore, direct Punjab to reconsider the matter in the light of this judgment,” the bench said, adding, “If re-consideration by Punjab, as directed above, is in favour of Tata HDCL, the company, if so desires, may apply to the central government for environmental clearance treating the project as a category ‘A’ project”.
Legal troubles for the ambitious project began when a public interest litigation was moved in the Punjab & Haryana high court challenging the permissibility of construction of the housing project on various grounds.
The petitions filed by the Sarin Memorial Legal Aid Foundation and advocate Aalok Jagga had contended that the project is not authorised under the provisions of the Environment (Protection) Act-1986 since it lies in an eco-sensitive and protected area.
It had also raised objection over the project’s close proximity to the Sukhna Wild Life Sanctuary and within the catchment area of Sukhna Lake. The petition said if the land and its surrounding areas were allowed to be urbanised “it would result in the degradation of the habitat and disturb thousands of migratory birds which came every year to the lake”.
The apex court had in August 2013 stayed the housing project by reversing the go-ahead granted to it by the Punjab and Haryana high court.