The southern bench of the National Green Tribunal has directed a builder in Theni to pay environmental compensation of Rs. 3 crore for constructing a project without Environment Clearance and to not carry out any further construction or expansion in the project area till they get the EC.
The bench while holding that constructions made without obtaining EC will be deemed to be unauthorised, stopped short of ordering demolition applying the “Doctrine of Proportionality” and hardship that would have to be faced by innocent and bonafide purchasers for occupying the area.
The case relates to the development of a township in Genguvarpatti revenue village, Periyakulam Taluk in Theni district by a private builder. The applicant alleged that the project was more than 50 hectares but the builder had got approval from the Town and Country Planning Authority showing a smaller extent of land to avoid obtaining the EC. The project was situated within the Kodaikanal Wildlife Sanctuary, the applicant alleged.
