Guwahati: In a landmark decision that could set a precedent for future real estate developments in the Northeast, the National Green Tribunal (NGT) has imposed a significant environmental compensation on Arya Erectors Pvt. Ltd., the developer of the Arya Smart Living township in North Guwahati.
The NGT‘s Eastern Zone Bench, Kolkata imposed a 1% penalty on the project’s cost for violations of environmental clearance conditions and the EIA Notification, 2006.
The tribunal’s order, passed on September 12, 2024, came in response to a petition filed by a group of homebuyers who alleged that the developer had violated environmental clearance conditions and the Environmental Impact Assessment (EIA) Notification of 2006.
The NGT found that the developer had failed to adhere to several environmental regulations, including those related to waste management, air and water pollution, and land use.
The tribunal also criticized the State Environmental Impact Assessment Authority (SEIAA), Assam, for its “cryptic” and “bad in law” order rejecting the homebuyers’ complaints.
In addition to the environmental compensation, the NGT directed the developer to undertake remedial measures to mitigate the environmental damage caused by its actions. The SEIAA, Assam, will be responsible for determining the nature and extent of these measures based on a damage assessment.
The tribunal also ordered the SEIAA, Assam, and the Assam State Pollution Control Board (APSCB) to take action against the developer for violating environmental norms. Both agencies have been given three months to complete their investigations and submit reports to the NGT.
The homebuyers were represented in the case by Advocate Vikram Rajkhowa. The NGT bench that passed the order consisted of Justice Prakash Shrivastava (Chairperson), Justice B. Amit Sthalekar (Judicial Member), and Dr. Arun Kumar Verma (Expert Member).