• Yet to get EC after 2 years

Dear Sir / Madam,

We are residing in an apartment complex that was built by a fairly well known builder .
The apartments were handed over to us in the year 2014 for occupation.
 Due to certain mistakes committed by the builder, we have not got the Environmental Clearance certificate. As per law, Builders should get environmental clearance before start of the project. Our builder has applied for environmental clearance only after completing the project which was denied by SEIAA, tamilnadu. 

As result, Electricity Board is refusing to give the power connection.
We had lot of meetings with the builder, he has been assuring us that the problem will be resolved, but there is no progress in the last 2 years.
The builder has filed a case with Southern NGT.
The latest status is that the case is pending with Southern NGT and there is no favorable outcome.
Some people in our assosciation  who have been following up the issue very closely feel that we have to approach the NGT Principal Bench. Other builders having the same problem have filled cases with NGT Principal Bench.

 Our queries are :

1. How do we proceed further ?

 2. How do we ensure that we get the Environmental Clearance certificate at the earliest?


 3. What happens if the builder abandons the issue in between? 


    Please advise.

    Thank you.

    Best Regards,
    xxxxxx
Asked 10 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) wait for  disposal of case before NGT 

2) it is builder responsibility to obtain EC 

3) if application is rejected file complaint before consumer forum against builder  and seek refund of money paid by you with interest , litigation costs and compensation for mental torture undergone by you
Ajay Sethi
Advocate, Mumbai
33915 Answers
1882 Consultations

5.0 on 5.0

1. Since ut us the environmental issue the NGT us the only option.
2. Without seeing the merit of the case , it is difficult to advise. . However in most the cases the violations if any is regualrised on payment of penalty.
3. You can step in , get added as party and take this forward.
It will be resolved and it is only a matter of time. So keep patience.
Devajyoti Barman
Advocate, Kolkata
8987 Answers
110 Consultations

5.0 on 5.0

1. Why did you go for the project when the builder had not obtained the environmental clearance certificate before starting the project? 

2. You cannot bind the competent department to issue the environmental clearance certificate as rules mandate that it should be obtained prior to commencement of project. 

3. The maximum you may do is to implead yourselves as a party in the dispute pending before NGT so that your interests are taken care of by the tribunal.
Ashish Davessar
Advocate, Jaipur
20820 Answers
556 Consultations

5.0 on 5.0

Our queries are :

1. How do we proceed further ?

Getting EC from NGT is the responsibility of the builder and ou cannot do anything on it. Your fault is that you did not verify this issue nor had taken a legal opinion from an experienced lawyer on this property before making payment for purchase. Now you have nothing to do except depend on the builder to get the certificate at the earliest or to pressurise the builder. 





 2. How do we ensure that we get the Environmental Clearance certificate at the earliest?

You cannot ensure the early procurement of  EC.  You cannot put pressure on NGT for this because you are not a party to the case.
It is the responsibility of the builder to procure the same. 
You can issue a legal notice to the builder to obtain the same at the earliest or file a consumer case o him for deficiency of service as well as compensation for the mental agony you suffer.


 3. What happens if the builder abandons the issue in between? 

You will only face problems with the authorities. 
You have to take the builder into task and file a case for suitable compensation. 
T Kalaiselvan
Advocate, Vellore
23906 Answers
238 Consultations

5.0 on 5.0

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