NGT orders a stay on third-party rights creation by Oberoi Realty

The National Green Tribunal (NGT) has restrained creating additional third-party rights by real estate developers Oberoi Realty and Skylark Buildcon in their project Three Sixty West in Mumbai?s Worli locality.

It has directed the Slum Rehabilitation Authority (SRA), the State Environment Impact Assessment Authority (SEIAA) Maharashtra and the Maharashtra Pollution Control Board (MPCB) to conduct a joint meeting within a month to guarantee compliance with the project.

While the developer built super-luxury flats and a lot of parking spaces, there has not been a single parking space for the people who live in the slum rehabilitation units.

The NGT has noted the said luxury property project, which is an SRA project, has 1,726 car parks for 260 super-premium apartments, but 2,300 slum rehabilitation flats have not been rendered any car parking slots yet. The project is additionally the site of the forthcoming Ritz-Carlton luxury hotel project.

As per the advocate Aditya Pratap, who represented the applicant, according to the Environmental Clearance (EC) received in 2016, SEIAA had specified conditions, comprising avoiding traffic congestion near the entry and exit points from the roads adjoining the planned project site.

The applicant, Santosh Patil, is one of the citizens of the slum rehab buildings being built on the plot. It has also been prescribed that parking needs to be completely internalised and no public space should be used, providing 1,726 and 500 parking spaces for sale and rehabilitation building, respectively.

Yet, Oberoi Realty and Skylark Buildcon have not rendered parking for slum rehab tenements.Therefore, the NGT, in June 2021, formed a Joint Committee of Central Pollution Control Board (CPCB), MPCB, and SEIAA Maharashtra to visit the site and look into the violations claimed in the petition. This committee found non-compliance with the EC conditions. The NGT accepted the Joint Committee?s report and has thus ordered the developer not to form any further alienations in the project until compliance with the EC condition to render 500 car parks for slum rehab tenements is attained.

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