Fairpockets tries to explain things from its base so when considering the NGT issue in Noida first thing that needs to be cleared out is what NGT is. National Green Tribune that is NGT is a body that was setup in October 18, 2010 under the National Green Tribunal Act 2010 which was made for effective cases relating to environmental protection and conservation of forests and other natural resources including all the enforcements of any legal rights based on issues related to environment, reliefs related and the compensation paid for any damage regarding person or property and everything related to this. It is headed by chairman and hobble Mr. Justice Swatanter Kumar is the present chairman of NGT.
It is a specialized body comprising of expertise’s to handle all the disputes involving multi-disciplinary issues. The Tribunal is not bounded by any of the procedure laid down under the Code of Civil Procedure, 1908 but it the principles of natural justice will guide it.
At present NGT is proposed to be set up at five places with New Delhi at its principle place and other four which are considered under this project are – Bhopal, Pune, Kolkata and Chennai.
In Noida, there are still several projects that are unsold from many years because of this NGT order which is forbidding authorities from registering any property which is falling within the range of that are ecosensitive. When talking about 6 months back one can easily notice the decrement in the registrations in Noida. The registration had come down by 30% and the main reason behind it is the NGT provision.
Noida authority had been barred by NGT from giving completion certificates to projects falling within the range of 10 kms from Okhla Bird Sanctuary but last year a draft notification issued by the environment ministry said that sensitive zone should be limited to 100 meter on 3 sides around the sanctuary.
NGT order impacted several real estate projects, delayed possession. As a result , more than 30,000 apartments of buyers are deprived from taking possession of their dream home bringing losses over 2000 crore to both the buyers and the builders because of the NGT’s stay order.
According to the rules of NGT the developers can’t store construction material on roads, have to install sprinklers to control pollution created by the dust and even have to put tarpaulins around the areas of construction. Green barriers need to be put around the area of construction site and the workers should be given protective masks so as to prevent them from the dust problems.
Following the directions to NGT, Noida and Greater Noida authorities have formed teams so as to inspect and initiate action on those construction sites, who are defying ministry of environment and forest (MOEF)-2010 guidelines on construction methods.
A developer has to take environment clearance before starting a project and every six months they have submit a compliance report to the environment ministry.