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The National Green Tribunal's Western Zone Bench has ordered an immediate halt to construction at a residential project in Baner after a neighbouring housing society complained of dust, noise and improper waste handling. The Tribunal reviewed a recent Maharashtra Pollution Control Board (MPCB) inspection, which flagged missing acoustic barriers, poor storage of raw materials, lack of controlled areas for cutting and grinding, and failure to follow construction-waste rules. Noting that earlier MPCB directions had not been effectively enforced, the NGT directed the Board to act on the developer's reply and ensure no work resumes until proper pollution-control measures are in place. The main case will be heard in April.
In a decisive move to uphold environmental regulations in the real estate sector, the National Green Tribunal's (NGT) Western Zone Bench in Pune recently ordered the suspension of all construction activities at a residential project in the Baner locality. This judicial intervention followed a petition filed by the nearby Supreme Pallacio Cooperative Housing Society against a real estate limited liability partnership (LLP), alleging ongoing and severe environmental pollution that was adversely affecting the surrounding residents. Advertisement
The resident society, through its legal counsel, sought an interim injunction, stating that the continuous construction near their building was generating high noise levels, producing excessive airborne dust, and demonstrating improper handling of construction waste. The advocates for the society further noted that, consequently, the residents requested the bench to issue an immediate interim injunction against the construction until adequate measures for air pollution control were formally implemented.
The NGT, in its examination of the case, focused heavily on the Maharashtra Pollution Control Board's (MPCB) inspection findings from the past quarter. The MPCB's report highlighted multiple failures by the developer, including a significant absence of proper acoustic barriers, inadequate storage of raw construction materials, lack of designated controlled areas for processes like grinding or cutting, and failure to implement water sprinkling measures. Furthermore, the report cited non-compliance with statutory construction and demolition waste rules.
Although the MPCB had previously issued directions to the real estate company in September, based on its earlier findings, the Tribunal pointed out that the MPCB should have taken timely and effective action on these violations.
The builder, in their defense, informed the tribunal that they had responded to the MPCB's directions through a letter sent in the previous quarter. The NGT acknowledged this, directing the MPCB to proceed with appropriate action based on the developer's reply and in accordance with the law.
However, the bench's core instruction was an immediate cessation of work: The Tribunal ordered that until the next hearing, the MPCB must ensure that the project proponent does not proceed with construction activities until they adopt and provide all the necessary measures to bring the dust and noise pollution within the prescribed standards and parameters for construction at the site in question.
While the main case is listed for final hearing in April next year, a separate request by the builder for an urgent hearing on the interim application was scheduled for the day immediately following the order.
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