NOIDA: Angered by the non-compliance of its order, the National Green Tribunal (NGT) on Tuesday directed the Ghaziabad district magistrate to issue a seizure order against the head office of Gaursons Promoters Private Limited and submit a compliance report within four weeks. It also directed an authorized officer of the central or state government to file a criminal complaint against the developer’s director under Section 30 of the NGT Act, 2010, which deals with penalties for non-compliance in environmental matters.
The directions were issued by the tribunal’s main bench of Justice Arun Kumar Tyagi and expert member Dr Afroz Ahmad, who expressed “strong displeasure” over what it described as continued disregard for its orders.
The bench was hearing a petition filed in May 2023 by Ashish Sharma, a resident of Greater Noida’s 14th Avenue in Gaur City 2, who raised concerns about a waste collection center operating from the basement of Tower I of the condominium. Sharma alleged that an organic waste converter (OWC) installed at the site was emitting a foul odor, posing serious health risks to the residents.The tribunal took suo motu cognizance of the complaint and constituted a joint inspection committee to investigate the matter. Based on the committee’s findings, the NGT on August 16, 2024, ordered the OWC and waste collection center to be relocated within four weeks. The matter was settled with explicit instructions for compliance.
However, for over a year after the tribunal’s order, no move had taken place. Sharma then filed an execution petition, prompting the tribunal to issue notices on November 4 to all respondents, including District Magistrate Gautam Budh Nagar, Uttar Pradesh Pollution Control Board, Greater Noida Industrial Development Authority (GNIDA) and Ghaziabad Development Authority, asking for a compliance status report within four weeks.
When the matter came up for hearing on December 16, the tribunal noted that neither the representatives of Ghaziabad DM nor the developer had appeared before the tribunal. Counsel for three other respondents – GDA, UPCB and GNIDA – were present but could not file compliance reports.
In a sharply worded observation, the bench said authorities were showing a “casual approach” to court orders. “We express our deep displeasure at the failure of the concerned authorities to give due attention and priority to the orders of this Tribunal and to ensure that the orders are implemented promptly and within a reasonable time,” the court said. It warned that high costs could be imposed on officials legally required to ensure enforcement.
The tribunal underlined that its orders have the same legal force as a decision of the civil court. Referring to Section 25 of the NGT Act and provisions of the Code of Civil Procedure, the Court noted that such decrees are enforceable by seizure and sale of property as well as by arrest and detention in a civil jail.
In view of Gaurson’s failure to appear or file a compliance report, the tribunal ordered a conditional attachment order against the developer’s head office at Indirapuram in Ghaziabad, as mentioned in the official address, to be issued and executed by the DM of Ghaziabad.
The tribunal also reviewed previous proceedings and noted that the developer had expressed its willingness to relocate the waste facility during the hearings on the original application. The developer had argued that the basement of the tower had been approved by GNIDA for installing the OWC and permission was required for relocation.
On July 12, 2024, the tribunal had arraigned GNIDA as a respondent after the developer’s counsel stated that an application for permission to relocate the OWC was pending. GNIDA’s counsel then assured the tribunal that an appropriate order would be issued within a week.
At the time, Gaursons’ counsel AR Takkar had assured the court that once approval from GNIDA was received, the waste facility would be shifted and the process would be completed within a month, an assurance that the tribunal said was not honoured.
Responding to the NGT order, Takkar told TOI on behalf of Gaursons that his client had not received any notice about the execution petition. “The matter has already been disposed of by the tribunal and we have been waiting for the GNIDA to give us permission to relocate the OWC and the waste collection centre. It is the Authority (GNIDA) that is responsible for the delay,” he said.
The matter is expected to be heard on January 29, after the DM files a compliance report on the execution of the attachment order.
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