NEW DELHI: The Supreme Court on Friday got here down heavily on Pune-based real property corporate Goel Ganga Developers for causing environmental harm and construction residential towers in violation of legislation and slapped a fine of Rs 105 crore but refused to reserve demolition of the buildings as possession of apartments had already been given to the homebuyers.
A bench of justices Madan B Lokur and Deepak Gupta granted the corporate six months time to deposit the money earlier than its registry and mentioned that the entire belongings of the corporate in addition to its administrators will likely be hooked up if it didn't conform to the order.
The court docket mentioned that the development finished via the corporate used to be in violation of surroundings clearance given to the project and the corporate had also expanded the constructed up area without permission. The corporate had constructed 738 apartments and 115 shops at its Ganga Bhagyodaya, Amrut Ganga and Ganga Towers projects on Sinhagad road in Pune. The construction of 69 apartments and 2 shops were on the final stages. The bench noted that approval used to be given to the corporate for construction of constructed up area 57,658.42 squaremtrs but it surely illegally expanded the constructed up area to one,00,002.25 squaremtrs in utter violation of legislation.
Observing that many of the homebuyers in the projects belonged to heart class circle of relatives and would undergo massive financial loss if buildings were demolished, the court docket mentioned that it used to be left and not using a possibility but to legalise the ones construction.
“As pointed available in the market are 807 apartments and 117 shops which are either built or under construction. These apartments are 1, 1.five and 2 BHK apartments and small shops and places of work. The developer has already taken money from these other people and a large number of apartments and shops have already been occupied. The closing apartments and shops which are not occupied, had been purchased via other people belonging to the center class who have invested their existence’s earnings in this project. Keeping in view the hobby of those third events, we're of the view that in the peculiar information and instances of the case, demolition isn't the answer,” the bench mentioned.
The court docket upheld National Green Tribunal order which had got here to the belief that the developer had violated legislation and slapped the fine. It mentioned the corporate shall not be allowed to build the two buildings through which it used to be to build 454 apartments and directed it to go back the money with hobby on the rate of nine% in line with annum to buyers.
“Having held so, we're surely of the view that the project proponent who has violated legislation with impunity cannot be allowed to go scot-free. This court docket has in a number of instances awarded five% of the project value as damages. This is the general legislation. However, in the provide case we really feel that damages must be upper maintaining in view the utterly intransigent and unapologetic behaviour of the developer. He has manoeuvered and manipulated officers and authorities. Instead of 12 buildings, he has built 18; from 552 apartments the selection of apartments has long past upto 807 and now two more buildings having 454 apartments are proposed,” it mentioned.
“Therefore, in the provide case, we're clearly of the view that the developer must be and is directed to pay damages of Rs 100 crore or 10% of the project value whichever is more ... The developer shall also pay a sum of Rs five crore as damages, in addition to the above for contravening necessary provisions of environmental laws,” it mentioned.
A bench of justices Madan B Lokur and Deepak Gupta granted the corporate six months time to deposit the money earlier than its registry and mentioned that the entire belongings of the corporate in addition to its administrators will likely be hooked up if it didn't conform to the order.
The court docket mentioned that the development finished via the corporate used to be in violation of surroundings clearance given to the project and the corporate had also expanded the constructed up area without permission. The corporate had constructed 738 apartments and 115 shops at its Ganga Bhagyodaya, Amrut Ganga and Ganga Towers projects on Sinhagad road in Pune. The construction of 69 apartments and 2 shops were on the final stages. The bench noted that approval used to be given to the corporate for construction of constructed up area 57,658.42 squaremtrs but it surely illegally expanded the constructed up area to one,00,002.25 squaremtrs in utter violation of legislation.
Observing that many of the homebuyers in the projects belonged to heart class circle of relatives and would undergo massive financial loss if buildings were demolished, the court docket mentioned that it used to be left and not using a possibility but to legalise the ones construction.
“As pointed available in the market are 807 apartments and 117 shops which are either built or under construction. These apartments are 1, 1.five and 2 BHK apartments and small shops and places of work. The developer has already taken money from these other people and a large number of apartments and shops have already been occupied. The closing apartments and shops which are not occupied, had been purchased via other people belonging to the center class who have invested their existence’s earnings in this project. Keeping in view the hobby of those third events, we're of the view that in the peculiar information and instances of the case, demolition isn't the answer,” the bench mentioned.
The court docket upheld National Green Tribunal order which had got here to the belief that the developer had violated legislation and slapped the fine. It mentioned the corporate shall not be allowed to build the two buildings through which it used to be to build 454 apartments and directed it to go back the money with hobby on the rate of nine% in line with annum to buyers.
“Having held so, we're surely of the view that the project proponent who has violated legislation with impunity cannot be allowed to go scot-free. This court docket has in a number of instances awarded five% of the project value as damages. This is the general legislation. However, in the provide case we really feel that damages must be upper maintaining in view the utterly intransigent and unapologetic behaviour of the developer. He has manoeuvered and manipulated officers and authorities. Instead of 12 buildings, he has built 18; from 552 apartments the selection of apartments has long past upto 807 and now two more buildings having 454 apartments are proposed,” it mentioned.
“Therefore, in the provide case, we're clearly of the view that the developer must be and is directed to pay damages of Rs 100 crore or 10% of the project value whichever is more ... The developer shall also pay a sum of Rs five crore as damages, in addition to the above for contravening necessary provisions of environmental laws,” it mentioned.
SC slaps Rs 105 crore fine on Pune’s real estate company for environmental damage
![SC slaps Rs 105 crore fine on Pune’s real estate company for environmental damage]()
Reviewed by Kailash
on
August 10, 2018
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