NGT Finds "Gross Violations" by Greater Mohali Area Development Authority

GMADA is Action-Faced For Mohali Housing Scheme Environmental Offences

The National Green Tribunal (NGT) has asked the Chief Administrative Officer (CAO) of Greater Mohali Area Development Authority (GMADA) to act immediately against officials who have been found to have been involved in "gross violations of law" in connection with a housing project in Mohali. The green tribunal took the action after serious charges of GMADA's illegality in not taking necessary legal sanction prior to proceeding with the Purab Premium Apartments project.

The NGT order brings into focus the role of regulation of the authority in not obtaining Consent to Establish and Consent to Operate—two necessary sanctions stipulated under environmental law. The tribunal was astonished that GMADA, being a statutory authority, proceeded with the project without these major consents being issued, which are vital to ensure compliance with environmental laws.

The matter came forth during the hearing of a case in which the tribunal reviewed some violations pertaining to GMADA's Purab Premium Apartments in Mohali. The committee formed for hearing the case presented its report before the NGT, and some discrepancies as well as environment violations were unraveled. The said violations had comprised the failure to commission a Sewage Treatment Plant (STP), lack of necessary consents, and failure to extend the environmental clearance (EC) that lapsed in February 2020.

The NGT has criticized GMADA's approach towards the project specifically, nudging the authority into remembering that it is an ordinary institution like every other and is subject to law despite its statutory character. The tribunal determined that GMADA's approach had resulted in violation of the Environmental Protection Act and rules thereunder. Environmental clearance on which projects are based to start and carry on business was not only lapsed but also never got renewed.

Adding to the complexity, the Punjab Pollution Control Board (PPCB) filed a report in the case, detailing that GMADA was charged Rs 1.02 crore for flouting norms from August 2022 through March 2023. The NGT has now directed PPCB to revisit the scenario and levy additional fines for breach that may have occurred before and after this period.

The tribunal direction demands accountability of GMADA, directing the CAO to inquire into the officers who had given the violations permission and take necessary action. GMADA is directed to report within three months about the action taken against the concerned officers.

Conclusion:This case is also shocking in the light of lack of accountability by government agencies in the implementation of urban development schemes, especially regarding their compliance with environmental norms. While environmental sustainability is an issue of increasing importance, such lapses dilute efforts towards conservation of natural resources and ensuring environmentally friendly development. NGT judgment is an eye-opener for all the development authorities nationwide that environmental clearances are not merely a ritual, but essential to prevent constructions from causing injuries to the ecology and public well-being.

Source: National Green Tribunal Order, February 2025