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The National Green Tribunal (NGT) has suspended environmental clearance for the 37-floor high-rise that was to be constructed near the Vishwavidyalaya metro station, claiming that the approval for the building was given “without application of mind” and that the project is “simply not viable”. 

The National Green Tribunal suspended the environmental clearance given for the thirty-seven storey high-rise that was to be constructed near the Vishwavidyalaya metro station, claiming that the approval regarding the building was given, “without application of mind”. 

The Tribunal noted that the carrying capacity of the university area wasn’t kept in mind and that it cannot sustain such a building. The NGT claimed that the air and noise levels of the area are already over permissible levels and that the location of the building is extremely close to important forest reserves, the Yamuna river, as well as notable educational institutions- the University of Delhi’s North Campus- and hospitals, with a high traffic density and therefore such a project is, “simply not viable”.

The project area which was originally 3.05 hectares of land in Civil Lines was acquired by the Delhi Metro Rail Corporation from the Defence Ministry in 2001. The Vishwavidyalaya Metro Station was built on 1 hectare of land, while the rest was sold to Young Builders Ltd. 

Various protests by student and environmental organisations and parties were held protesting against the building of the high-rise, owing largely to the environmental and health risks and hazards that it posed. The protests gained a lot of traction and support from students and environmentalists. As a response, the NGT has requested a separate evaluation of the project via a team comprising of those from the Environment Ministry, Central Pollution Control Board, and others, and has sought a report regarding the issue from the same within two months. The developer has been restrained from all further developments and building activity until 9th July 2020. 

Feature Image Credits: DU Beat Archives

Shreya Juyal

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The National Green Tribunal has ordered a halt and a status quo on the construction of the housing complex being built adjacent to the University Campus.

As on 13th January, the National Green Tribunal (NGT) has ordered a status quo on the construction of the housing complex being built adjacent to the Delhi University’s (DU’s) North Campus. A Bench headed by Adarsh Kumar Goel, the NGT Chairperson Justice, has said that an evaluation of relevant data is required by a Joint Committee comprising representatives of the Central Pollution Control Board (CPCB), Ministry of Environment and Forests, and Indian Institute of Technology Delhi, in regards to the “Precautionary Principle” of Environmental Law, which requires that, if there is a strong suspicion that a certain activity may have environmentally harmful consequences, it is better to control that activity now rather than to wait for incontrovertible scientific evidence.

“The Committee may also undertake carrying capacity study of the area with reference to the project in question-based on the relevant data. The study may be completed preferably within two months,” the Bench said.

This statement by the tribunal comes after a hearing of the plea by DU challenging the environmental clearance granted to the construction of the housing project by Young Builders (P) Ltd. in North Delhi, and CPCB will be acting as the nodal agency for coordination and compliance.

The plea argued the order of the State Environment Impact Assessment Authority (SEIAA) granting Environmental Clearance (EC) for the housing complex located at 1 and 3 Cavalry Lane and 4 Chhatra Marg at Civil Lines in Delhi. It was filed and challenged through advocates Sanjay Upadhyay and Salik Shafique and claimed that the EC could not be granted by the SEIAAbecause it is within 10 km from Critically Polluted Area- Najafgarh, Naraina, Wazirpur and Anand Parbat are critically polluted areas. The EC can, therefore, be granted by the Ministry of Environment and Forests but not by the SEIAA. The project is also in the Silence Zone, being within 100 m from Delhi University and Patel Chest Institute, and also in the water scarcity zone with the Sulphate content of groundwater being above the specified limit.

“As per the project proponent’s own report, the project is susceptible to subsidence and liquefaction during a major earthquake. A geotechnicalinvestigation needs to be carried out which has not been done. Traffic plans/congestion filed by the project proponent with the application is based on the statistics of July 2011,” the plea said.

Several protests- backed by student-led parties and activist groups, as well as the Delhi University Teachers Association (DUTA)- have been protesting against the construction of the high-rise in the University’s North Campus.

Feature Image Credits: DU Beat Archives

Shreya Juyal

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The National Green Tribune (NGT) has issued a warning to the University of Delhi (DU) in particular regarding non-compliance with the tribunal.

The National Green Tribune (NGT), having failed to make a mark with words, resorted to action on Wednesday issuing a warning to the University of Delhi (DU), the University Grants Commission (UGC) and the Delhi University Students’ Union (DUSU) regarding the wastage of paper during the polls this year.

A plea was filed by Nithin Chandran, a third year law student in DU when he was flabbergasted by the modus operandi of campaigning through the humongous wastage of paper. The plea read-“On every election, tonnes of paper are wasted for canvassing by the candidates and their supporters. Wherein, there is no accountability for usage of paper and neither there is any norm or procedure for re-cycling of this waste paper”. Relying upon the report published by the TIMES OF INDIA, the NGT was informed of the non-compliance of its order on Tuesday by the counsels of the law student- Piyush Singh and Aditya Parolia. The bench consisted of the NGT Chairperson Justice Swatanter Kumar and B S Sajwan.

The conduct of the elections is based on the recommendations of the Lyngdoh Committee to be implemented from the year 2006 by the order of the Supreme Court which stated- “No candidate shall be permitted to make use of printed posters, printed pamphlets, or any other printed material for the purpose of canvassing”. “Candidates may only utilize hand- made posters at certain places in the campus, which shall be notified in advance by the election commission/university authority”.

The NGT has thereby, issued a warning to the DU students of rusticating if caught in action. Under section 26 of the NGT Act 2010, the maximum punishment if found guilty of contempt of the orders, is three years’ of imprisonment and a fine of Rs 10 crores.

Apart from just the art work on the walls as well as the premises of the campus; it becomes imperative to note that the littered papers are not disposed of properly or re-cycled, hence, leaving an imprint of the elections held every year. On the contrary, the Lyngdoh Committee states- “All the candidates shall be jointly responsible for ensuring the cleaning up of the polling area within 48 hours of the conclusion of polling”.

According to reports, while the next hearing is scheduled for the 18th of this month; the DUSU polls are ahead on the 12th. With all of this happening; we have to watch out for the big day and the probable last minute changes that the manifestos of the several parties might suffer.

Shrija Ganguly

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The National Green Tribunal is strongly set against the blatant use of paper in the DUSU elections in violation of its order abstaining the students’ body from using pamphlets and splattering the walls of the varsity campus with posters. A bench headed by NGT Chairperson Justice Swatanter Kumar issued contempt notices to Delhi University Students’ Union, Delhi University and University Grants Commission on the issue of wastage of paper during students’ union polls and sought responses. They were asked to appear on Wednesday. The tribunal in 2016 had asked the university and the student’s groups that participate in the elections to go paperless during the canvassing.
The directions came on a plea by Delhi University law student Nithin Chandran, who had approached NGT against indiscriminate wastage of paper during the students’ body elections. “On every election, tonnes of paper are wasted for canvassing by the candidates and their supporters. Wherein, there is no accountability for usage of paper and neither there is any norm or procedure for recycling of this waste paper,” the plea had said.
It had has also cited the Supreme Courts 2006 order directing universities to implement the recommendations of the JM Lyngdoh committee in their students’ union elections.

The NGT Act 2010 has provisions for a penalty under section 26 of the act in case of failure to comply with orders of the tribunal. Maximum punishment of three years imprisonment and Rs 10 crore as fine.

DUSU elections are scheduled to be held on 12th of September.

Image credits: DU Beat archives

Sandeep Samal

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