Apex court asks seven builders with post-facto green nod to pay penalty

By: | Published: January 23, 2016 12:46 AM

The court directed that seven builders, who had started construction without prior clearance and who received post-facto approvals, should pay 5% of their project costs by way of provisional environment damage

The ministry of environment and forests (MoEF) on Friday told the Supreme Court (SC) that it is ready to bring in a fresh notification that will make developers pay heavy compensation to address the damage caused to the environment.

A bench headed by Chief Justice T S Thakur modified its earlier order that had unconditionally stayed the National Green Tribunal’s direction quashing two orders passed by the MoEF. The government’s office memoranda dated December 12, 2012 and June 27, 2013 had said that the post-facto environmental clearance could be provided to projects if construction work had already started.

The SC now directed that seven builders, who had started construction without prior environment clearance and who received post-facto approvals, should pay 5% of their project costs by way of provisional environment damage. Besides, it asked the panel set up by the NGT to inspect the projects and give a report on illegal activities carried out by the project proponents, ecological and environmental damage due to the projects, and if the conditions stated in the plan and permissions granted by various authorities have been strictly complied with or not.

Project or activities involving an area above 20,000 square metres required prior green clearance from the Centre.

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