The Kerala High Court has directed Bengaluru based real estate developer, Sobha Ltd, to stop all construction on their new riverside project in Kozhikode for allegedly flouting Environmental Clearance conditions. The project, Sobha 'Rio Vista', is a luxury residential apartment coming up on the banks of the Feroke river in Kozhikode. This order by the High Court is now in focus after the Supreme Court ordered the demolition of four lake-side luxury apartments in Maradu in Kochi, for flouting Coastal Regulation Zone rules.
The stop memo for Sobha’s Kozhikode project was issued by the State Environmental Impact Assessment Authority (SEIAA), and on October 28, the Kerala High Court directed for this to be implemented. The SEIAA had issued the memo upon inspection of the records of the construction carried out by Sobha Ltd on the building site. On hearing a writ petition by Ajay Ghosh, Convenor of the Action Committee against Sobha 'Rio Vista', a single judge bench led by Justice Devan Ramachandran directed the real-estate developer not to construct anything in violation of the stop memo, until further orders are issued by the HC. The court then listed the matter for further consideration after two weeks but not before staying all excavation activities carried out by Sobha Ltd at the site, unless it obtained mining permit from the District Geologist of the Department of Mining and Geology, without further delay.
The luxury residential project by the Bengaluru based real estate mogul, Sobha 'Rio Vista' is spread out over 3.66 acres. The two high rise buildings being constructed will offer 3- and 4-BHK apartments with a view of the river, with the going rate of the 216 residential units ranging between Rs 1.26 and 1.94 crore each.
The protected Kadalundi community reserve
An inquiry report by the Range Forest Officer of the Flying Squad, Kozhikode, released on February 20, found that Sobha Ltd had secured the Environmental Clearance for 'Rio Vista' by withholding certain details. The inquiry was initiated based on a petition by Ajay Ghosh to the Divisional Forest Officer, Dhanesh Kumar P, on November 2, 2018.
In his petition to the Divisional Forest Officer, Ajay Ghosh alleged that the luxury residential project is being built at an aerial distance of 3.5 km and a road distance of 8.1 km from the protected Kadalundi Community Reserve in Kozhikode. It adds that on completion of its construction, the 87 m high complex would "hinder the flight path and behaviour of migratory birds which fly to the bird sanctuary in the Kadalundi reserve."
The petition further pointed out that Sobha Ltd had not secured permission from the National Board of Wildlife, as is required by law, and that the project, on completion, would completely destroy the ecosystem of the community reserve in question.
Acting upon this petition, an inquiry was initiated by the Range Forest Officer of the Kozhikode flying squad after inspection of the project site, which found the petitioner's allegations to be legitimate.
According to the RFO's inquiry report, Sobha Ltd had secured Environmental Clearance from the State authority (SEIAA) on March 23, 2017, by withholding information that the proposed project – Rio Vista – was coming up within 10 km of the protected Kadalundi- Vallikunnu community reserve.
Sobha Ltd secured a Category 'B' environmental clearance from the SEIAA (State authority), without receiving a prior permit from the Natioanal Board for Wildlife as is required by law.
As per the Environment (Protection) Act, 1986, a range of projects and activities from mining to construction of residential complexes are split into two categories based on the spatial extent of potential impacts on human health and on natural and man made resources.
While category 'A' projects require clearance from the Union government (Ministry of Environment and Forest), Category 'B' projects can secure Environment Clearance from the State Authority (SEIAA).
However, in 2006 the Supreme Court directed all residential projects which come within 10 kms of protected areas to secure permission from the National Board for Wildlife, before applying for Category 'B' Environmental Clearance from the state authority (SEIAA).
The inquiry report states that "there is no mention of a protected area within 10 km of the proposed project in the Environmental Clearance issued by the SEIAA."
"It can be concluded that the applicant (Sobha Ltd.) had secured the EC from the SEIAA without mentioning the community reserve and without securing permits from National Board of Wildlife," the report states.
An appeal has been filed before the National Green Tribunal, Chennai, by Ajay Ghosh, challenging the legitimacy of the Environmental Clearance granted by the SEIAA. This case is stil pending before the NGT.
Rio Vista found to have flouted EC conditions
Even with the current Environmental Clearance granted by the SEIAA, the project was found to have violated certain conditions, according to the minutes of a meeting by the SEIAA held on October 18 and 19 this year.
In the Environmental Clearance granted by the SEIAA to Sobha 'Rio Vista' back in 2017, there is a specific direction that ‘excavated earth from the site will be completely used internally. No part of it shall be taken out of the project site.’ However, according to the SEIAA authorities who checked the records of the construction, a part of the excavated earth from the 'Rio Vista' site has not been used internally, but was taken away from the project site to be used for other purposes.
However, a report by the Kozhikode District Collector who was asked to enquire into the use of excavated earth, said the soil was moved as per norms, with payment of royalty and issue of passes. It is now for the court to decide if this was in violation of EC conditions issues by the SEIAA.
The SEIAA minutes of the meeting, which TNM accessed, also adds that the authority had ordered Sobha Ltd to secure a permit from the Highways Authority of India, after the real estate group made two requests to move excavated earth from the project site to an alternative site. However, this permit from the Highways Department is pending submission.
The SEIAA finally decided to issue a temporary stop memo, after noting that it was yet to receive the District Collector's inquiry report and the consent letter to Sobha Ltd from the Highways Department. This stop memo was later ratified by the Kerala High Court. The SEIAA also sought two months from the Kerala HC to thoroughly review the violations that the real estate developer is accused of.
CRZ norms allegedly flouted
Ajay Ghosh has also alleged that the proposed project had violated Coastal Regulation Zone norms.
"The builders had promised that no construction would take place within 100 m of the Feroke river as it a CRZ area. No clearance is required if the construction is beyond 100 m of the river. However, in the building plan drawn up by the group, the project's waste treatment plant comes within 100 m of the river, violating CRZ norms,” he alleged.
In its October 28, 2019, order on the writ petition filed by Ajay Ghosh, the High Court also asked for the Kerala Coastal Zone Management Authority (KCZMA) to constitute a committee and look into the alleged CRZ violations mentioned in the petition. An expert team by the KCZMA will visit the proposed site later in November, Ajay added.
Sobha's response
TNM reached out to Sobha Ltd for a response on the allegations. The real estate developers refused to comment at the moment stating that the matter was sub judice.