Supreme Court imposes Rs 100 crores fine on builder Goel Ganga Developers




While hearing a revision against the National Green Tribunal (NGT) order, the Supreme Court on Friday directed city-based builder M/s Goel Ganga Developers India Pvt Ltd., to pay Rs 100 crores or 10% of the project cost, whichever is higher on the project proponent and in addition thereto, project proponent (builder) will pay Rs.5 crores as levied by the NGT in its order dated 27.09.2016. The case relates to illegal constructions at an integrated housing project at Vadgaon Budruk, off Sinhgad Road.

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The court further ordered, “In case the project proponent does not deposit the amount within six months then all the assets of the project proponent i.e. M/s. Goel Ganga Developers India Pvt. Ltd., as well as its Directors, shall be attached and the number of damages shall be recovered by sale of those assets.

It is further directed that in case this amount is not deposited within the period of six months then the licence/registration/permission granted to M/s. Goel Ganga Developers India Pvt. Ltd. to develop any “real estate project” within the meaning of the Real Estate (Regulation and Development) Act, 2016 shall be cancelled and the project proponent i.e. M/s. Goel Ganga Developers India Pvt. Ltd. and its Directors shall not be granted permission to develop any “real estate project” under the Real Estate (Regulation and Development) Act, 2016 without permission of this Court.”

The apex court has also stated, “Project proponent shall not be permitted to raise construction of two buildings having 454 tenements; We direct that the project proponent shall only be permitted to complete construction of a total 807 flats, 117 shops/offices and cultural centre including clubhouse; The project proponent will only be permitted to seek environmental clearance for completion of the project subject to payment of costs in the aforesaid terms and it may be granted ex-post facto environmental clearance in the peculiar facts of the case, on such terms and conditions as the environmental authority deems fit and proper.”

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Goel Ganga Developers (I) Pvt. Ltd version

Atul Goel, Managing Director, Goel Ganga Developers (I) Pvt. Ltd., in a statement said, “We are in receipt of a copy of the judgment of the Hon’ble Supreme Court dated 10th August 2018 and after reading the same, we feel vindicated on the points we had raised in the Appeal such as the Review Petition order by NGT dated 8th January 201, was clearly erroneous, the issue as regards carbon footprint does not find it place in any statute books and the NGT clearly misdirected itself for the purpose of levying the damages. We also feel vindicated that the Hon’ble Supreme Court has refused the prayer of demolition made by the original Applicant, Mr. (Tanaji) Gambire and has also categorically observed in paragraph 50 of the judgment that the original Application fled by Mr Gambire is not a public interest litigation and therefore, his claim of special damages is specifically refused.

Further, Mr Gambire made allegations against various officers of PMC and Environment Department and the Hon’ble Court in paragraph 25 has categorically refused to go into such allegations as such officers were not a party to the proceedings before NGT or Hon’ble Supreme Court. We have carefully also read the observations of the Hon’ble Supreme Court on the definition of built-up area and its interpretation in light of notification issued by MoEF.

We are in the process of taking advice from our lawyers and after careful perusal of the judgment and law related to it, we may decide to file Review Application based on the advice of our lawyers. We, Goel Ganga as a brand assure our all the flat purchasers that we have always work within the regime and have always carried out construction in accordance with law. We are the brand, which is in existence for more than 35 years in the industry and will continue to grow and take care of our flat purchasers with whatever cost it comes out.”

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