The future of an ambitious housing project for senior citizens on the outskirts of Bangalore City appears uncertain as various clearances given to the project have been challenged in the courts as well as in the Union Environment Ministry.

Inaugurated by the then Karnataka Governor, T N Chaturvedi in December 2005, the Athashri housing project of the Paranjape Scheme (Construction) Ltd envisages construction of 206 flats for senior citizens in the Whitefield area, near Pattandur Agrahara village. 

On Thursday, the National Environment Appellate Authority in the Union Environment Ministry will hear an appeal challenging the eco-clearance granted to the project on December 27, 2006.

While documents in possession with Deccan Herald shows that the environment impact assessment (EIA) approval was accorded, based on the 2006 norms, the opponents argue that it should be judged as per the previous norms as the new EIA norms were not in place when the project began.

EIA clearance must
The earlier EIA norms, notified on July 7, 2004, say if a housing project has a daily discharge of more than 50,000 litres of effluents or hosts more than 1000 people, it must take an EIA clearance involving public hearing before construction.

According to the Karnataka State Pollution Control Board (KSPCB), the daily waste water discharge in the Athashri housing society will be 111,240 litres and the society is expected to house 1,030 people — on an average five people per flat.

But the company countered this by saying each flat will be occupied by only two persons as it is a housing scheme for senior citizens.

“Granting the EIA clearance under the 2006 norms is a violation of law. On August 23, 2006 two public hearings were held for two housing projects in the same area. While another project was accorded an approval following previous norms, the Athashri project was appraised on the basis of the 2006 norms. Clearly there are different yardsticks,” said C J Singh, who has challenged the construction company.  

A resident of the same area, the septuagenarian Mr Singh is a former chief engineer of merchant navy. 
Despite an assurance from one of its officials, the company did not respond to Deccan Herald’s e-mailed queries till the time of filing this report.

Since the new EIA norms are not retrospective in nature, the project has to be appraised on the basis of the previous norms and the flaws found during the public hearing should not be pushed aside, according to Supreme Court advocate L C Agarwala, one of the lawyers of Mr Singh who had intimated the ministry.
The EIA notification of 2006 has exempted all construction and building projects from the need for public consultation. Projects like Athashri brings the ministry’s utter disregard for law and environment to the fore, says Leo Saldhanha from the Environment Support Group.

Violation of EPA
There are additional headaches for the construction firm, whose headquarters is in Pune. The KSPCB has filed two criminal cases (case number 849/2006 and 80/2007) in the court of the metropolitan magistrate, Bangalore for violation of the Environment Protection Act of 1986 and Water (Prevention and Control of Pollution) Act of 1974.

In both, the KSPCB has accused the company of initiating the construction without obtaining the necessary clearances from the board.

A writ petition challenging the legality of the entire project is also pending with the Karnataka High Court.