NGT Allows Construction at Baner Project, Orders MPCB Monitoring

Pune: The National Green Tribunal's (NGT) western zone bench in Pune has issued a significant order allowing construction to proceed at a real estate project in Baner. However, the tribunal has mandated strict monitoring by the Maharashtra Pollution Control Board (MPCB) to ensure that noise and dust pollution levels remain within permissible limits.

The bench, comprising Justice Dinesh Kumar Singh (judicial member) and Dr. Sujit Kumar Bajpayee (expert member), delivered its order on December 8. The project proponent submitted scientific test reports indicating that ambient air and noise levels were within the permissible limits. Based on this evidence, the NGT permitted the construction to continue.

However, the tribunal directed the MPCB to visit the site within a week to evaluate whether any additional measures are necessary to maintain dust and noise levels within the prescribed limits. If further steps are required, the MPCB must issue directions immediately. The NGT also ordered the MPCB to conduct quarterly monitoring of the project to ensure that violations do not recur. Quarterly reports are to be submitted to the tribunal registry.

To fix accountability, the tribunal instructed the MPCB to determine whether any environmental damage compensation should be levied for past violations. The pollution board must compute this amount only after providing an opportunity for the parties concerned to be heard.

Additionally, the NGT directed the Pune Municipal Corporation to establish standard protocols for construction activities to mitigate air and noise pollution. The civic body has been given three months from the date of the order to complete this task.

Saurabh Kulkarni, counsel for Advik Real Estate LLP, informed the Times of India that the tribunal noted the excavation is already complete, and only basement construction is underway. Based on the current material, the bench concluded that there is minimal risk of air and noise pollution at this stage of the project.

On December 5, the bench had ordered a temporary halt to construction while hearing a petition filed by Supreme Pallacio Cooperative Housing Society through advocate Maitreya Ghorpade. The NGT had directed that construction should not resume until the MPCB ensured compliance with dust and noise parameters. In its recent order, the tribunal clarified that it did not issue a blanket stop-work order but rather conditioned the continuation of construction on the implementation of adequate pollution-control measures.

This decision by the NGT strikes a balance between allowing development and ensuring environmental protection, setting a precedent for future real estate projects in the region.