Track2Realty: The National Green a Tribunal has ordered Resilience Realty Pvt Ltd, a subsidiary of Rustomjee Realty to give notice to prospective purchasers before creating new third party rights in respect of the Rustomjee Oriana project at the MHADA Gandhi Nagar Layout, at Kala Nagar at Bandra East, Mumbai.
The order was passed by The Pune Bench of the Tribunal comprising Justice VR Kingaonkar and Dr Ajay Deshpande. It was pursuant to an Appeal filed by local resident Anil V. Tharthare under Section 16 of the National Green Tribunal Act, 2010 challenge the Environment Clearance granted to the project under reference.
Among others violations, the Appeal a filed though Advocate Aditya Pratap, states that there were major violations of the DC Regulations, 1991. In addition, the amendment to the Environmental Clearance in 2014 violates the Environment Impact Assessment Notification of 2006, as it was issued without referring the proposal to the State Level Expert Appraisal Committee, thereby violating Paras 2 and 7 of the Notification.
After hearing the Advocate Aditya Pratap representing the Applicant, and Senior Counsel Gaurav Joshi representing the Developer, the Court ordered the Developer to give notice to Third Parties of the pending Appeal before transferring or assigning any rights to them in respect of the flats. The persons purchasing the flats upon notice would do so at their own risk and their rights would be subject tithe outcome of the proceedings before the tribunal.
