NGT Directs Action Against Developer for Environmental Violations, States “Citizens Cannot Be Made to Suffer at the Cruel Hands of Profit-Oriented Developers”
Kiran Raj
The National Green Tribunal (NGT) has issued directives concerning environmental and infrastructural compliance related to a construction project undertaken by a private developer. The Tribunal, presided over by Justice Sudhir Agarwal and Expert Member Dr. Afroz Ahmad, examined issues related to environmental pollution, incomplete internal development work, and the role of regulatory authorities in ensuring compliance with statutory obligations.
The Tribunal recorded concerns regarding the failure of the project proponent to fulfill obligations related to sewage management, solid waste disposal, and completion of infrastructural facilities. It stated, "The citizens cannot be made to suffer at the cruel hands of profit-oriented developers, who continue to neglect/fail to discharge their contractual/statutory obligations, due to inaction/negligence on the part of the concerned Governmental agencies/instrumentalities of the State." The Tribunal further noted that affected residents are entitled to seek redress, including the imposition of environmental compensation, if violations persist.
The case pertains to a development project undertaken by Godwin Construction Company Pvt. Ltd., which involved a mixed-use development spread across 193,660 square meters. The project included designated areas for residential, commercial, and educational use, as well as roads and open spaces. As per the approved layout, the developer was required to complete all internal development work within three years and obtain a completion certificate from the competent authority before transferring the colony to the Municipal Corporation, Meerut.
However, complaints arose regarding the failure of the developer to complete the required internal development, including proper sewage disposal systems, road maintenance, and solid waste management. The Tribunal observed that despite multiple directives and inspections, deficiencies persisted. A technical committee constituted by the District Magistrate, Meerut, conducted an inspection on January 30, 2023, and noted that key infrastructure, including sewer connections and road access, remained incomplete.
The Meerut Development Authority (MDA) reported that external development charges amounting to ₹17.87 crores, including interest, remained unpaid by the developer. It issued recovery certificates to the District Magistrate, Meerut, for execution. However, the execution remained pending, affecting the issuance of the completion certificate required for the colony’s transfer to the Municipal Corporation.
The Tribunal considered the responsibilities of both the project proponent and regulatory authorities in ensuring compliance with environmental and urban development laws. It observed, "The concerned Governmental agencies have been conferred very wide powers to black-list the developer who fails to comply with the conditions imposed at the time of grant of sanction for the project and also to impose penalties for non-compliance and recover the same as arrears of land revenue by attachment and sale of movable and immovable properties of the developer."
The Tribunal further remarked that environmental obligations extend to state instrumentalities, stating, "The Governmental agencies/instrumentalities of the State are under statutory obligation to ensure proper management and disposal of solid waste and also domestic sewage by the users/service providers, and they cannot be allowed to ignore the same for the simple reason that the same may cause irreversible environmental pollution." The Tribunal indicated that in cases of governmental inaction, environmental compensation could also be imposed on state authorities in addition to the project proponent.
The Tribunal also addressed the issue of damage to the sewer line, which was reportedly obstructing sewage disposal. The National Highways Authority of India (NHAI) denied responsibility for any damage, asserting that no evidence had been presented to establish that the damage occurred due to highway expansion work. It stated that all necessary steps had been taken to facilitate the required No Objection Certificate (NOC) for repair work.
Based on its findings, the Tribunal issued the following directives:
- The project proponent must complete all outstanding internal development work, including sewage disposal systems, road construction, and drainage facilities, within three months.
- The Meerut Development Authority is directed to ensure compliance with sewage disposal regulations and replace the pipeline with higher capacity infrastructure where necessary.
- The District Magistrate, Meerut, is required to oversee a joint compliance plan, including a sewage remediation and environmental development strategy.
- Environmental compensation is to be imposed on responsible parties in case of continued non-compliance.
A compliance report detailing the progress on the Tribunal’s directives is to be submitted by the Uttar Pradesh Pollution Control Board (UPPCB) by August 15, 2025.
Advocates Representing the Parties
For the Applicant:
- Deepak Raj Premi, Advocate
For the Respondents:
- Shariq Zaidi and Mr. Kapil Dev, Advocates for Respondent No. 1
- Rachit Mittal, Advocate for Respondent No. 2 (Meerut Development Authority)
- Pradeep Misra and Mr. Daleep Dhyani, Advocates for Respondent Nos. 3 and 4
- Vibhav Mishra, Advocate for Respondent No. 5
- Ankit Verma, Advocate for Respondent Nos. 6 and 7
- Sapna Sharma, Advocate for Respondent No. 8
Case Title: Re Godwin Construction Company Pvt. Ltd. Through its Director
Case Number: Original Application No. 492/2022
Bench: Justice Sudhir Agarwal (Judicial Member), Dr. Afroz Ahmad (Expert Member)
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