The National Green Tribunal has on real estate developer Omaxe’s illegal construction and unauthorised tree felling for the development of a multi-sports arena and commercial facilities in Delhi’s Dwarka area (the project). The tribunal found Omaxe had violated environmental laws, regulations and compliances.
The Delhi Development Authority had handed over the project to Omaxe for development and construction after a concession agreement on 18 July 2022.
Under the concession agreement, Omaxe was obliged to ensure regulatory compliance, including obtaining permits and clearances. In the proceedings, Omaxe contested the locus standi of the applicant and alleged the applicant had a personal vendetta against Omaxe.
Omaxe alleged that the applicant had expressed interest in reserving a commercial build-up within the project and failed to pay the required amount or take any action towards its execution and registration. Omaxe then had to cancel the process and communicated it to the applicant on 26 March 2025.
The tribunal rejected this argument as substantial environmental violations were involved.
With 2,191 trees at the construction site, no requisite tree-felling permission from the Forest Department had been obtained. The Ministry of Environment, Forest and Climate Change (MoEFCC) also said the project had not been granted environmental clearance and additional details had been sought from Omaxe.
Omaxe contested that under the law the environment clearances are deemed to be given when the official clearance is not issued within the stipulated timelines, where the expert appraisal committee (EAC) has recommended the authorities issue the clearance. In this case, the recommendation was given on 7 March 2024.
The MoEFCC submitted that the recommendation included the condition of restraining tree felling without the permission of the Forest Department.
The tribunal relied on the decision in for deemed clearance. The five-judge tribunal had observed that “there should be an unambiguous recommendation … for granting or refusing to grant the environmental clearance”.
The tribunal also relied on the Gujarat High Court’s decision in Gajubha (Gajendrasinh) Bhimaji Jadeja & Ors v Union of India through Joint Secretary & Ors (2014), where it was observed that “deemed permission cannot be inconsistent with the rules and regulations, and no deemed permission can be against (them)”.
The tribunal observed Omaxe to be in violation of the EAC-imposed conditions, which disentitled Omaxe from claiming deemed clearance.
The tribunal also observed that Omaxe had begun permanent construction at the site before the expiry of the timeline for the environmental impact assessment report, leading to another violation. Omaxe’s claims of delays from the MoEFCC were not considered, as additional details had been sought by the ministry and remained unanswered.
The tribunal directed the Delhi Pollution Control Committee to levy environmental compensation against Omaxe for undertaking construction in violation of the law.
For illegal tree felling, Omaxe claimed that no tree had been cut. However, the tribunal compared satellite imagery and other photographs from before and after the start of the project, and even during the ongoing proceedings, and observed that the photographs indicate illegal tree felling.
The tribunal also observed violation of the Supreme Court’s directions in order on 19 December 2024 that requires any application to the authorities for felling or transplantation of 50 trees or more to be placed before the Central Empowered Committee.
Authorities were directed to conduct a spot inspection, where they would consider the satellite imagery, photographs and other material in the case to ascertain the extent of illegal tree felling, and take remedial and punitive actions and measures against Omaxe.
The tribunal also directed the MoEFCC to decide the environmental clearance application in this matter, taking into account the existing violations.
