Chandigarh: SC-appointed panel clears Godrej Eternia of green violations

Hindustan Times

4 hours ago

Nearly a year after Godrej Eternia, a commercial building located in Industrial Area, Phase 1, found itself in soup over environmental violations, the Supreme Court (SC)-appointed Central Empowered Committee (CEC) hasconcluded that the building has fully complied with the conditions of its environmental clearance.
The committee has now written to the Union ministry of environment, forest and climate change (MoEFCC), urging it to take a final decision on the matter. The panel's decision came after the apex court directed it to review the matter.
In July 2024, the UT administration had cancelled the occupation (completion) certificates of Godrej Eternia, citing environmental and building violations. The action came shortly after the CEC directed it to take action against the project for allegedly operating without wildlife clearance.
The project falls within a 10-km radius of the Sukhna Wildlife Sanctuary and the City Bird Sanctuary in Sector 21—both eco-sensitive zones.
The report, submitted on Friday by CEC chairman Siddhanta Das to the green ministry, states that the applicant has fully complied with all explicit conditions outlined in the environmental clearance (EC) letter, dated February 27, 2009.
Importantly, the report clarifies that the requirement for clearance from the National Board for Wildlife (NBWL) was neither stipulated in the EC nor mandated by any binding legal directive in this case, either at the time of issuance or subsequently.
'In light of established judicial precedents emphasising non-arbitrariness and the need for clear communication of obligations, the applicant cannot be held liable for non-compliance with unstated conditions. Therefore, the applicant's actions are legally sound and procedurally compliant. Any proceedings related to alleged non-compliance with Condition 10 of the EC letter dated February 27, 2009, are unwarranted and not maintainable,' the report states.
The CEC further advised that the MoEFCC, the district collector-cum-estate officer, and the Chandigarh administration may proceed accordingly. However, it stressed that the CEC's opinion is specific to the facts and circumstances of this case and should not be treated as a precedent for other matters.
Godrej Eternia, an expansive office complex spread across approximately 5 acres, was established in 2015. Ownership of the property has since been transferred to various individual and business entities. The project is promoted by former Chandigarh mayor Anup Gupta.
The CEC was constituted by the Supreme Court in 2002 (and reconstituted in 2008) to assist in matters related to forest, wildlife conservation and flag cases of official non-compliance with its orders related to conservation. It reports to the Union environment ministry.