The National Green Tribunal (NGT) has provided temporary relief to real estate developer Gaursons Promoters Private Limited by putting on hold its earlier stringent directives. The tribunal has stayed its order to attach the company's headquarters and initiate criminal proceedings against its managing director.
Bench Puts Earlier Order in Abeyance
The stay was granted by a bench comprising judicial member Justice Arun Kumar Tyagi and expert member Dr Afroz Ahmad. This decision came after the company filed an interlocutory application seeking modification or recall of the tribunal's December 16 directive. That directive was issued during the hearing of an execution application filed by a resident of Greater Noida, who alleged non-compliance with the NGT's earlier orders.
Senior advocate A R Takkar, representing the developer, confirmed the development. The matter is now scheduled for the next hearing on January 12, 2024. He stated that the portions of the December 16 order concerning the conditional attachment of the company's Ghaziabad head office and the criminal proceedings against the MD have been kept in abeyance until that date.
Company's Stance and the Root of the Dispute
In a clarification issued following the order, the Gaurs Group asserted its consistent compliance with statutory requirements and directions from judicial and regulatory bodies, including the NGT. The company attributed the recent adverse proceedings to an inadvertent lapse by an employee, who failed to appear before the tribunal with a required compliance report. This omission was reportedly brought to the bench's notice.
The core dispute revolves around a garbage collection centre at the 14th Avenue project in Gaur City 2, Greater Noida. The developer maintains that the project was built strictly according to sanctioned plans, which included this dedicated facility. However, its location was later opposed by some residents, prompting one of them to approach the NGT.
Relocation Efforts and Alleged Administrative Delays
The Gaurs Group stated that during the legal proceedings, and in compliance with the tribunal's directions, it identified alternative sites for relocating the garbage collection centre. The necessary proposals for these sites were submitted to the Greater Noida Industrial Development Authority (GNIDA) for approval.
However, the developer claims that despite repeated follow-ups, the requisite approvals were not granted by the authority. This lack of approval, according to the company, prevented the physical relocation from moving forward. "The delay in finalising the relocation was solely due to the continuous delay by the authority concerned in approving the final location," the Gaurs Group said in its official statement.
The interim stay offers the real estate firm a reprieve as it prepares its case for the January 12 hearing, where the tribunal will further examine the compliance issues and the status of the garbage centre's relocation.
