In a strong move against environmental non-compliance, the National Green Tribunal (NGT) has directed the Ghaziabad District Magistrate to issue a warrant for the attachment of the headquarters of real estate developer Gaursons Promoters Private Limited. The tribunal's principal bench, expressing "strong displeasure," took this drastic step due to the company's persistent failure to relocate a garbage collection centre and an organic waste converter (OWC) from a residential basement in Greater Noida's Gaur City 2.
Health Hazards Ignored: The Root of the Dispute
The case originated from a petition filed in May 2023 by resident Ashish Sharma, who lives in Gaur City 2's 14th Avenue. Sharma raised serious health concerns about a waste facility operating from the basement of Tower I. He alleged that the organic waste converter (OWC) installed there was emitting a foul odour, posing significant health risks to the condominium's residents.
After taking suo motu cognisance, the NGT formed a joint inspection committee. Based on its findings, the tribunal on August 16, 2024, explicitly ordered the relocation of both the OWC and the garbage collection centre within four weeks and disposed of the case. However, more than a year after the initial order, no action was taken, compelling Sharma to file an execution application.
A "Casual Approach" to Judicial Orders
When the matter was heard on December 16, the tribunal noted that representatives of the Ghaziabad DM and the developer were absent. While counsel for the Ghaziabad Development Authority (GDA), Uttar Pradesh Pollution Control Board (UPPCB), and Greater Noida Industrial Development Authority (GNIDA) were present, they failed to submit any compliance reports.
The bench, comprising Judicial Member Justice Arun Kumar Tyagi and Expert Member Dr Afroz Ahmad, slammed the authorities for their "casual approach" to judicial orders. "We express our strong displeasure that the concerned authorities do not give due attention and priority to the orders passed by this Tribunal," the bench stated, warning that heavy costs could be imposed on officials responsible for enforcement.
Legal Muscle: Attachment and Criminal Complaint
Underlining that its orders carry the same force as a civil court decree, the NGT invoked Section 25 of the NGT Act and the Code of Civil Procedure. It stated that such decrees are enforceable through the attachment and sale of property, and even arrest. Given Gaursons's failure to appear or comply, the tribunal ordered a conditional warrant of attachment for the developer's headquarters in Indirapuram, Ghaziabad.
Furthermore, in a significant escalation, the tribunal instructed an authorised government officer to file a criminal complaint under Section 30 of the NGT Act against the developer's managing director for penalties related to non-compliance.
The tribunal also revisited past assurances. During earlier hearings, Gaursons's counsel, AR Takkar, had stated that the company was willing to shift the facility but was awaiting permission from GNIDA. On July 12, 2024, GNIDA was made a party to the case, and its counsel assured the tribunal that an appropriate order would be passed within a week. Takkar had assured that relocation would be completed within a month of receiving GNIDA's nod—an assurance the tribunal noted was never honoured.
Responding to the order, Takkar told TOI that his client had not received notice of the execution application and pinned the blame on GNIDA for the delay in granting relocation permission. The matter is now scheduled for a hearing on January 29, after the Ghaziabad DM submits a compliance report on executing the attachment order.
