M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. versus UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS & ORS.

M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. versus UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS & ORS.

The Supreme Court held that the review petition challenging the NGT's original order should have been heard by the same Bench that delivered the original order, as mandated by judicial discipline and procedural rules. On the merits, the project proponent was found to have constructed well beyond the built-up area allowed under its Environmental Clearance, violating both environmental and municipal regulations. Given the sustained and deliberate violations, and improper benefit accrued, the Court imposed enhanced damages of Rs.100 crores or 10% of project cost (whichever is higher) on the project proponent. The damages are to be calculated based on land cost (circle rate, 2014) and cost of...

Parties
Appellant / Project Proponent: M/S. Goel Ganga Developers India Pvt. Ltd.; Respondents: Union of India through Secretary Ministry of Environment and Forests & Ors.
Jurisdiction
India
Judgment Date
10 August 2018
Procedural Posture
Civil Appeal / Supreme Court Final Judgment on Appeals Against NGT Orders
Outcome
Appeals disposed of with directions; original NGT order largely upheld; enhanced damages imposed; improper NGT review order set aside.
Legal Topics
Environmental Clearance, National Green Tribunal Practice, Review of Tribunal Decisions, Urban Development Regulation, Imposition of Environmental Compensation
Environmental Law Civil Procedure Environmental Clearance National Green Tribunal Practice Review of Tribunal Decisions Urban Development Regulation Imposition of Environmental Compensation

Case Brief

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Parties

M/S. Goel Ganga Developers India Pvt. Ltd.

Appellant / Project Proponent

Union of India through Secretary Ministry of Environment and Forests & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment on Appeals Against NGT Orders

Legal Issues

  1. 1 Whether the review application against NGT's original order should be heard by the same Bench.
  2. 2 Whether the project proponent violated the terms of the Environmental Clearance and municipal laws.
  3. 3 What is the appropriate method of calculation and quantum of damages/environmental compensation.

Ratio Decidendi

The Supreme Court held that the review petition challenging the NGT's original order should have been heard by the same Bench that delivered the original order, as mandated by judicial discipline and procedural rules. On the merits, the project proponent was found to have constructed well beyond the built-up area allowed under its Environmental Clearance, violating both environmental and municipal regulations. Given the sustained and deliberate violations, and improper benefit accrued, the Court imposed enhanced damages of Rs.100 crores or 10% of project cost (whichever is higher) on the project proponent. The damages are to be calculated based on land cost (circle rate, 2014) and cost of...

Court Disposition

Appeals disposed of with directions; original NGT order largely upheld; enhanced damages imposed; improper NGT review order set aside.

Orders

  • Review application order dated 08.01.2018 by different NGT Bench is set aside as illegal.
  • Original NGT order dated 27.09.2016 is upheld except for modification of damages.