The National Green Tribunal (NGT) has given its verdict on a proposed integrated multi-sports arena project in the Dwarka area of the national capital. The NGT has rejected the claim of “Deemed Environment Clearance” made by the project proponent and directed strict action on environmental violations.
The proponents of this project are WorldStreet Sports Centre Limited and Omaxe Limited. The Dwarka Sports Arena Project (Omaxe State) is a state-of-the-art, five-in-one destination being developed on over 50 acres of land in Sector 19B. The project includes a cricket-football stadium with a capacity of 30,000, retail, hotel and sports facilities (swimming, badminton).
The tribunal clarified that the project has not yet received environmental clearance from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC). The required documents are still pending on the PARIVESH portal.
“Deemed Environment Clearance” is not an isolated clearance, but a limited legal condition that can be considered only when all the conditions of environmental clearance have been fully met.
The NGT rejected the claim of a “deemed EC” under Clause 8(iii) of the Environment Environmental Impact Assessment (EIA) Notification 2006, stating that this provision applies only when the application has been fully submitted, all procedures have been completed and there is a clear and unconditional recommendation of the Expert Appraisal Committee (EAC).
The court pointed out several serious violations in its order. It said the EAC’s recommendation was conditional, in which it was mandatory to take permission before felling about 2,000 trees. Evidence of felling trees without permission, including satellite imagery, has come to light. Unauthorised construction activities have also come to light at the project site.
The tribunal made a stern observation that “deemed clearance” cannot be used to circumvent environmental laws. It also reiterated that environmental clearance is mandatory before any construction work.
“The main objective of the EIA notification of 2006 is to ensure that projects and activities commence construction work only after the project proponent has obtained environmental clearance,” the bench said in the order. “For this reason, para 2 of the notification makes it mandatory to obtain prior environmental clearance from the regulatory authority.”
“The entire provision of the 2006 notification does not provide for any relaxation in this mandatory condition. It is, therefore, a clear and unquestionable legal obligation that the project proponent must obtain prior environmental clearance before undertaking any kind of project-related activity.”
Along with this, the bench said in the order that “deemed permission” cannot be contrary to rules and regulations. It also said that no “deemed permission” can be held valid by going against relevant rules and regulations.
The NGT directed the tree officer and divisional forest officer to immediately inspect the site and investigate claims of illegal tree felling and take action within eight weeks. Also, the Delhi Pollution Control Committee (DPCC) has been asked to assess the violations in the project and take punitive action. The bench has also directed the MoEF&CC to take a final decision on the project.
The bench disposed of the matter by directing the authorities to submit an action taken report within three months.