Young Builders vs. University of Delhi: A case study of the priority to environment protection in New Delhi by the National Green Tribunal.

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Abstract

This is a brief commentary on the verdict given by the National Green Tribunal in the matter of construction of a high rise residential complex where the appellant was University of Delhi and the respondent was Young Builders, a construction company. The commentary presents the proceedings of the case in a simplified manner along with some remarks on the decision made by the National Green Tribunal. The question at the heart of the matter is whether the development of housing was in line with the environmental law and jurisprudence in India. The National Green Tribunal questioned the environmental clearance given by the competent government agencies and provided a fresh assessment and ordered for the discontinuation of the project. The Tribunal highlighted the impact on the various points related to the environment by the project. The issues dealt with include underestimation of water requirement for construction and operation, air quality impact of the project, noise pollution due to the project, proximity to eco-sensitive area, and traffic congestion issues among others. The stand of the Tribunal is in favour of environmental protection, and it has played this crucial role successfully in light of the questions raised by the executive wing of the government in giving environment clearances to the project. There is scope for further policy discussion on these issues as a balance needs to be created between housing people and developing the city and preventing damage to the environment as mandated by law.

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License: CC-BY-4.0