1. The Complainant Allottees have submitted in their Complaint that M/s. Escapade Real Estate Pvt. Ltd. (ERSPL) the 2° Respondent herein is a Joint Venture Company between Arihant Group and JP Morgan Property Fund. They had acquired 45 acres plus 5.5 cents area of land in Govindapuram hamlet under Maraimalai Nagar Municipality. They built independent Villas of various sizes, named “Villa Viviana” in an area of about 14 acres out of 45 acres.
2. The Complainants have also stated that M/s. Ashiana Housing Limited (AHL) the 1st Respondent herein is a NCR based, BSE listed real estate developer who have built Senior Living Homes in NCR, Jaipur, Lavasa. The Complainants have further stated that M/s.ERSPL had entered into an Agreement with M/s.AHL in the year 2015 to develop a Senior Living Complex named “Ashiana Shubham” in the land at Govindapuram. While, M/s. AHL is investing in developing/constructing and marketing of Senior Living Homes, M/s. ERSPL have used the land parcel as their equity in this Joint Venture project.
3. The Complainants have further stated that the DTCP approved plan No.5848/15 dated 24.06.2015 pertaining to integrated project of Villa Viviana and Ashiana Shubham Phase 1 & 2 have been provided by the Respondent as part of parent document. The Complainants have also furnished the details of RERA approvals and project size — phase-wise as below:
4. The Complainants have also submitted that this land is an Eco sensitive area surrounded by Gudalur Reserve Forest with water bodies such as Gokulapuram Lake at South West of boundary and Karinilam Lake at South East of boundary. Also the Complainants have furnished the details of the Google Topo plan, the ground levels outside and inside the project site as below:
5. The Complainants have stated that it is obvious from the above that the ground level inside the community is sloping downward from South West to South East. Also the Complainants have stated that as per GO(Ms) No.18 dated 04.02.2019 of Municipal and Water Supply (MA1) Dept., the application for Planning Permission has to be submitted with a Topo Plan to the scale of not less than 1 in 5000 showing all locations that fall within a radius of 500 M, whereas, the Complainants have stated that the Promoter/Developer had either ignored to take topo levels or deliberately did not take care to raise the ground level while building the community and hence the storm water enters the community by breaking the boundary wall at several places in South West and flow to Karinilam lake again by breaking the wall at several places in South East and North East areas.
6. It is also submitted by the Complainants that the Respondents have violated from Approved Plans resulting in severe flooding in monsoon. This land being a low lying area and also in an eco sensitive area, the Approved Plan provides Storm Water trench all around peripheral boundary wall. The drain size is of 1000 mm width and 1500 mm depth filled with pebbles and sand bed. The top of drains are required to be built at slope of 1:20 from road level. The Complainants have also submitted the following violations by the Promoter/Developer:
a) The Respondents have not built even an inch storm water trench anywhere along the boundary wall.
b) RCC drains built at road shoulders are of much inadequate size to handle the high volume of roof and surface water and these drains have no continuity with dead ends t several places.
c) The Respondents have not taken care to build up the ground level (except the club house and central garden) to prevent entry of storm water from Gokulapuram lake/Forest area which are at higher levels than the project site.
d) The finished road level and finished ground level near Tower 49/50 (Phase 2)/Block B2 (Phase 3) are predominantly much lower than the ground level of Forest outside South West boundary wall.
e) Due to this difference in ground level, storm water from Forest area flows into the area around Tower 49/50 and Block B2 and floods almost the entire community before finding its way to Karinilam Lake through
- The STP area, South East boundary wall and Forest area
- The road between club house and Towers 6 to 8 (Phase1) and works colony.
7. The Complainants have further stated that in an attempt to arrest this flooding, the Promoters/Developers made an opening in the South West boundary wall and constructed a receiving/collection sump, laid underground hume pipes across Phase 3 central area (through an erstwhile cart track) to convey this storm water into the forest through South East boundary wall. The Complainants have also submitted that though this attempt has to be appreciated (after failing to build up the ground level), the very purpose failed miserably as the hume pipes at termination point ended below the forest ground level due to poor standard of design and site execution. The Complainants have further stated the other major problems associated with flooding are (i) flooded storm water mix with sewage water, thus creating an epidemic situation. STP cannot be operated during monsoon due to high volume of rain water mixing with sewage and (ii) flooding in underground cable trench creates long/frequent disruptions in communication systems such as telephone, intercom, TV/Broad band etc.
8. The Complainants have further submitted that a Care Home which is built already is not in the approved plan. Though the ‘Care Home’ is much sought after facility, any such new facility has to come in “Future Development” area only and not in the common area with facilities already committed to Phase-1 & 2 and Villa owners. The Complainants have also stated that as per approved plan this area is meant for garbage composting system. Due to the encroachment, no area is available for garbage storage, composting systems.
9. It is also submitted by the Complainants that the approved plan provides parking space for 96 numbers of 2 wheelers for use of residents and visitors. This facility has not been built and this area is encroached for other unapproved purposes.
10. Also the Complainants have stated that the unapproved individual housing plots bearing numbers 70 & 72 have been created in Phase 3 of Senior Living Complex. This encroachment has pushed 3 x 500 KVA Gensets very close to residential flats in Block D, Phase 3. This is in gross violation of prevailing sound and air pollution norms. This location is different from the area earmarked as per the approved plan. The Complainants have further submitted that the current location of Gensets is against the basic concept of Senior Living condition and it also violates the prevailing noise and air pollution norms (though they are provided with acoustic insulation). The permissible noise level is 45 dB will never be met in this condition.
11. The Complainants have further averred that ever since the Phase 1 of Retirement Facility was completed in early 2018, the Respondent Promoter has indulged in letting out untreated sewage into the adjoining Gudalur Reserve Forest area and Karinilam Lake. The Complainants have also brought to the notice of this Authority that the Promoters/Developers are given ‘Approval for Construction’ by TN Pollution Control Board and Forest Dept. on the major condition that they will strictly adhere to the “Zero Water Discharge” system.
12. The Complainants have prayed for the following reliefs in the Complaint.
i) To construct all infrastructural facilities as in the Approved Plan (mainly the Storm Water Trench).
ii) To design and implement additional systems to prevent Storm Water flooding. They need to obtain necessary approvals from Forest Dept. to divert storm water entering the community.
iii) To remove the underground hume pipes and construct an open canal with covered slab across Phase-III to ensure flow of storm water into the forest without causing inundation.
iv) To cancel the villa plots 70 and 72 in the current location and move them to location as in the approved plan.
v) To relocate the 3 Gensets from its current unapproved location to the location as in the approved plan.
vi) To strictly follow “Zero Water Discharge” system (applicable to sewage/waste water).
vii) Besides above, a mixed Senior Living and General Community of this big size needs common facilities such as Garbage handling/storage, composting system, Raw water treatment plant, water management with recycle system, Municipality water storage, Rain water harvesting, Workers rest room, vehicles wash shed, good internal roads etc.
This in accordance with TN Town and Country Planning Act, 1971 with several further revisions and the latest G.O.(Ms.) No.18, dt.04.02.2019 of Municipal and Water Supply (MA1) Dept.
viii) The above facilities already part of assurances provided by the Promoters/Developers during the sale process but they have failed to provide some important facilities.
ix) The deviations/violations from approved plan are not permissible as per Section 14(2)(ii) of the RERA Act, 2016. The Act clarifies that any alteration in the layout of the entire project and the common areas of the building cannot be effected unless the developer obtains the prior written consent of two-thirds of all the home buyers (or allottees) in the project. Thus, the developer is duly bound to adhere to the approved plans during the construction and cannot deviate from the same.
13. In the Counter Affidavit, the 1% Respondent has submitted that it had pioneered the retirement home movement in India where seniors could lead safe, active, enjoyable and comfortable lives. Senior Living projects are special theme-based housing where services and amenities play a crucial role. It has its senior living projects spread across Bhiwadi, Jaipur and Lavasa.
14. The 1st Respondent has further submitted that the 2" Respondent has purchased the parcel of land admeasuring 45 acres and 0572 cents under various survey numbers situated at Sengundram Village, Govindapuram Hamlet, Maraimalai Nagar Municipal Limit, Chengalpattu District (previously Kancheepuram District), Tamil Nadu (hereinafter referred to as “Entire Land”) through various sale deeds with the intention of developing the Entire Land and develop villas on one portion of Entire Land.
15. The 1° Respondent has also submitted that with the intention to develop the remaining portion of the Entire Land admeasuring 20 acres and 20 cents (hereinafter referred to as Project Land) Respondent No.2 authorized this Respondent through registered power of attorney dated 03rd December 2014 duly registered with the Office of the Joint II Sub Registrar, Chengalpattu as Document No.14815/2014 Book No.1 to develop a residential project for seniors over the Project Land after obtaining all the permissions, approvals, NOCs, etc. as may be required under the Applicable Laws.
16. The 1st Respondent has also stated that this Respondent framed a scheme for development of a residential project for senior living to be known as “Ashiana Shubham” on the Project Land in a phased manner. Also the 1st Respondent has stated that Ashiana Shubham is a theme based senior living project to cater to the needs of a particular category of the society. It was proposed for the senior and aged persons to have active and fulfilling life with all available comforts, convenience and security. The 1st Respondent has ensured to take care of minute details for the comfortable living of the seniors.
17. The 1st Respondent has further submitted that apart from guarding and monitoring the community, had made every home age friendly by providing unique features like emergency response system, grab rails, wheel-chair accessible, ramps, switches with LED lights etc. The 1st Respondent. It is also stated by the 1st Respondent that the said home also provides under single gated community, 24 hours security by way of guards and CCTV, intercom facility and regular gym with all amenities, departmental store, piped LPG, indoor and outdoor courts and also providing cafe in-house catering services to all the Senior residents with reasonable cost. The 1st Respondent has further stated that many senior citizens are living in the project, appreciate the project and also living comfortably and happily away from their children.
18. The 1st Respondent has further stated that the Complainants are the allottees of the project “Ashiana Shubham” constructed by this Respondent and they have purchased it on 07.05.2018 vide Sale deed No.3393/2018.
9. The 1st Respondent has also submitted that the various allegations of the Complainants mentioned in the Complaint are totally denied and the Complainants are put to strict proof. The topographical survey was taken during 2007 and also during 2015 for the project and the development has been undertaken keeping same in consideration.
20. It is further submitted by the 1% Respondent has obtained No Objection Certificate for development of residential plots from District Forest Officer, Chengalpattu Division, Kancheepuram under the proceedings Proc.No.5438/2013/D dated 25.07.2014 which clearly mentioned that the proposed site is not near the ecological sensitive zone.
21. Further, the 1% Respondent has submitted that it is constructing dwelling houses for Senior citizen project named as “Ashiana Shubham — Senior living homes” by obtaining necessary approvals from Directorate Town and Country Planning, Tamil Nadu (DTCP) and other concerned authority.
22. Regarding environmental clearance, the 1st Respondent has submitted that the 2"° Respondent, M/s. Escapade Real Estate Pvt. Ltd. has obtained Environmental clearance to establish a construction project under category “B2” vide letter No.SEIAA/TN/F-3814/EC/8(a)/435/2015 dated 18.12.2015.
23. Regarding Building Plan approval for Phase I & Phase II, the 1° Respondent has submitted that the Building Plan approval for Phase-I & II was obtained by DTCP in the year 2015 vide letter bearing No.695/2014 and the approval for Phase-III was obtained in 2018 vide approval bearing No.23472/2018. Further the Building Plan approval for Phase IV was obtained vide approval bearing No.20/2020 dated 13.01.2020. Accordingly this Respondent is undertaking construction of the phases.
24. The 1st Respondent has also stated that it had obtained Consent to Establish under Air Act under proceedings No.T2/TNPCB/F.1219MMN/ RL/MMN/W/2020 dated 19.02.2020 which is valid upto 17.12.2022. Also the 1st Respondent has further submitted no deviation whatsoever is made in Phase-1 & Phase-2 which was completed as on 01.03.2018 and 15.07.2020. The 1st Respondent has also stated that the Promoter obtained Structural Completion Certificate for Phase-I from Maraimalai Nagar Municipality vide letter bearing No.1560/17, while for Phase-II the Structural Completion Certificate was obtained from DTCP vide letter bearing No.384/2020 and Completion Certificate from the consultant Architect accordingly as per the norms of the State.
25. The 1st Respondent has also submitted that to have constructed Phase-I & Phase-II of the project comprising of 144 dwelling units each and whereby whose possession has been handed over to the concerned buyers, however for Phase-III the construction is complete and this Respondent has applied for Completion Certificate as per the due process and procedures so laid down by the authority.
26. The 1st Respondent has also submitted that it had initially installed Sewage Treatment Plant (STP) of 250 KLD capacity, keeping in view with the requirement of the residents which were miniscule in number. The STP of 250 KLD was more than sufficient to satiate the requirements of the occupants as per law. The placement of STP was as per the DTCP approval. It is further submitted by the 1st Respondent that the STP of 250 KLD capacity has been installed after keeping in view the needs of residents having physical possession of the project and changing the same as and when the dwelling units increases in the phased manner in future.
27. Further the 1% Respondent has submitted that it had started the installation process for new STP of 750 KLD capacity, which shall supplant the already installed 250 KLD STP, and the same is proposed to be completed on or before 31.07.2022. Further the new STP of 750 KLD capacity shall be more than sufficient to completely take care of the entire STP related requirement for the entire project at present and in future as well.
28. Regarding the averments of the Complainants in respect of Storm Water Trench, the 1% Respondent has submitted that the rain water trench is available all over the project and all are in working condition and are built according to the approved plan. The land surface by the nature itself is sloping from south-west to south-east. The flow of water from Gokulapuram Lake into forest area is in its natural flow of water. This fact is also admitted by the Complainant.
29. It is also submitted by the 1st Respondent that during December 2021 unprecedented rainfall lashed in and round Chennai, which had even superseded the rainfall pattern of 2015. Therefore, the overflow of water from the Gokulapuram Lake was an unavoidable consequence beyond the foresight of a reasonable man. Though the Respondents had constructed compound wall throughout its property, but on the occasion of such unanticipated event an overflow of water into the project lands was inexorable, otherwise during ordinary times such overflow is not the case.
30. The 1st Respondent has further stated that it had developed around more than 5 acres of land inside the project towards the green area to create an atmosphere which is conducive for the elderly. Likewise, such facilities are enjoyed by the Senior Citizen in addition the food and daily needs are also taken care of effectively.
31. Also the 1st Respondent has stated that the current location of STP is aligned with the approved plans and the current position which is in south-east part of the project is in accordance with the Topograph survey of 2007 and 2015. This deems that the Approved Plan was in accordance with the Topograph survey. Hence it becomes explicit that only due to the periphery of the project land, being adjacent to the forest, the flow of excess water from the Gokulapuram Lake happens because of the extraordinary rainfall and not due to topography mismatch.
32. It is also submitted by the 1st Respondent that in the space which is earmarked for the cart track, an underground hume pipe laying works is completed and currently the surface drain works are under progress. Also, the entire process of drain pipes would be finished by the time construction work in the project is over. As the entire project is done in a phased manner, all the statutory requirements are being complied with as per the approvals. It is also stated by the 1st Respondent that a care home is planned in Block-E of Phase-III and the same is yet to be constructed nevertheless the Respondents have taken due approval from the DTCP and the said construction would be in strict in accordance to the approved plan only.
33. Regarding the averments in respect of the two wheeler parking space, the 1st Respondent has submitted that the two wheeler parking space at project is being utilized by the residents/allottees to park their car.
34. The 1st Respondent has also submitted that the plot No.70 & 72 stated to be constructed as unapproved individual housing plots, these plots are part of the Entire Land admeasuring 45 acres and 40 cents which is part of the land owned by M/s. Escapade Private limited and outside the contours of Ashiana Shubham. ‘Therefore, the Respondent denied all the allegation of unauthorized construction of land. Further the allegation of 3 X KVA of Gen sets which is built in gross violation is totally false and the same is built and placed as per the approved plan.
35. Finally the 1% Respondent has submitted that it had developed a STP on the basis of the current occupancy and with respect to discharge of water to farmers, the Respondent is undertaking the same on the basis of the Consent to Establish. Respondent is utilizing the treated water the horticulture, gardening and green belt development. Further excess treated water is supplied to farmers for which the Respondent has entered into agreements with them.
36. In the Adoption Memo filed by the 2™ Respondent, the 2" Respondent has stated that they are the landowners and the 1st Respondent is the promoter/builder of the said project. The 1st Respondent has filed a detailed Counter Affidavit setting out the state of facts. The 2™ Respondent has adopted the detailed Counter Affidavit filed by the 1st Respondent and requested this Authority to treat the same as the Counter Affidavit of the 2nd Respondent as well.
37. In the Comprehensive Counter/Reply statement filed by the Complainants, it has been stated that the Complainants have come across the following three approved plans Nos.13611 dated 07.07.2010 for Villa Community, No.5848 dated 24.06.2015 for Phase-I & II Apartment and No.20243 dated 04.12.2019 for Phase-III & IV Apartments. All the approved plans uniformly show the requirement of 1M x 1.5M size Rain Water Trench at the foundation footing of entire length of boundary wall. The approximate peripheral length of boundary wall is 2.1 KM. The Complainants have stated that the Respondents have not executed even in inch of this Trench.
38. It is further stated by the Complainants that the Respondents have agreed that there is mismatch in the land level as also project by the Complainants. This is further confirmed by the Topography Survey. The Complainants have also stated that since the land level was not increased, water from forest enters the community and flows along the cart track, overflows and floods major part of area before finding its way out. In the process, the boundary walls collapse at various locations. In this connection reference is made to TN Municipalities Building Rule, 1972, G.O.Ms. No.1009 dated 19.05.1972. The Rule stipulates — “No site, which would admit stormwater draining into it, owing to its level or location, shall be used for the construction of a building, unless arrangements are made to prevent effectively, the flooding of the site, either by draining into a storm water course, if one is available, or by raising the level of the site to an adequate height by the deposit of layers of sound and non-perishable material”.
39. The Complainants have also submitted that no rain water harvesting system was built at all anywhere in the community. After this Complaint has been made, the Respondents have started building Rain Water harvesting pits for Phase-III (under construction) and for the completed projects of Phase I & II in a haphazard way, by engaging a consultant “We conserve”, Chennai. It is further stated by the Complainants that the proposed RWH system is limited to surface water only. There is no proposal or design in place for Roof Water Harvesting and hence, this design arrangement is highly inadequate.
40. Regarding Storm Water Drains of inadequate size, the Complainants have submitted that the Storm Water Drains at road shoulders have no design basis like rain fall data, run off volume, etc. The cross section and invert level of drains vary at various places. They are constructed based on the availability of vacant space.
41. The Complainants have further submitted that in the virgin land there was an open canal (along the erstwhile cart track) through which storm water was flowing across the community land. As the Respondents failed to raise the land level, storm water sill continues to enter the site. Instead of keeping the flow through open canal with covered slab, the Respondents installed 2 x 1000 mm dia concrete pipes. These pipes are of inadequate size and this cannot evacuate the high volume flow. As a result, the overflow water from canal floods major part of community and break the boundary walls. The Complainants have also brought to the notice that the closure of storm water canal is not permitted as per Govt. Notification, vide TN Govt. Gazette Extraordinary No.43 dated 04.02.2019 page No.71 para 55 stipulates that “No existing natural or man-made drainage system such as channel, canal, nallah etc. passing through the site shall be closed. When it is realigned within the site optimizing the usability of the site, due care shall be taken that its carrying capacity or velocity of flow is not reduced affecting the upstream and downstream sites and such a realignment shall be done only with prior approval of the Competent Authority and concerned agencies”. Hence, the Complainants have stated that the closure of storm water flow across Phase-III along the cart tract is one of the major violations that are contributing to flooding.
42. Regarding the violation of Forest Dept. Approval condition “zero water discharge”, the Complainants have stated that the “zero water discharge” is possible only by doing all the following:
a) Construction of Rain Water Trench all along the boundary wall.
b) Raising of ground level above the adjoining forest ground level prior to construction of buildings.
c) Construction of sufficient number of RWH pits for both Surface and roof water.
d) Construction of storm water drains of adequate size based on historical rain fall data.
43. The Complainants have also stated that as per approved plan for Phase I & II, the Gensets 3 x 500 KVA are to be located between Club House and Phase III which is ideal. But the location has been changed to an area adjoining Tower 40 in Phase-III. Also it is submitted by the Complainants that the three flue gas stacks are supported on the exterior walls of residences and such a system will not meet the stipulated sound/gas emission norms, vibrations when all 3 sets are in operation.
44, Regarding garbage dumping/disposal facilities, the Complainants have submitted that even after several years, no specific area is identified for garbage dumping, segregation, disposal, vermin composting and reuse.
45. In respect of Municipality water supply, the Complainants have submitted that the Respondents have committed to Environment Dept. for sourcing 431 KLD fresh water from municipality. Palar river. water is supplied to all neighborhood areas but the Respondents never approached municipality for supply of water. Now the entire need of fresh water is met by ground water. Also the Complainants have stated that no sump is constructed near the community entrance to receive piped water.
46. Finally, the Complainants have prayed this Authority and suggested the following compensation by the Respondents (i) to relocate the Gensets as per approved plan of 2015. The flue gas stack has to be self supported without taking support from any building and (ii) the underground pipes laid along cart track is not adequate to evacuate high volume of water. Restricting the volume and velocity of flow by laying underground pipes is not permitted as per TN Gazette No.43, dated 4" February 2019. It is also stated by the Complainants that in this system, the pipes will soon get blocked with silt. Though some chambers are given, it will be impossible to clean the pipes due to heat, lack of ventilation, asphyxiation, hauling of silt through long distance, etc. Therefore, the only remedy is to remove these pipes and instead a RCC or stone pitched, open canal with covered slab could be constructed. This will definitely reduce the flooding.
47. In the written submission of arguments, it is submitted by the Respondents that the concern put up by the Complainants was with respect to cart track under which the Respondents have put up two Hume pipes of 1m in diameter each, for carrying the rainwater from the Lake besides the forest area on the western side to the other side as it was flooding the southern part of Ashiana Shubham Project due to unprecedented rain during December 2021. Now, the Complainants want that Hume pipes laid under the cart track to be removed and the area where they were laid should be made as an open canal with slabs to be put over them (i.e., again enclose the cart track). Thence first and foremost, the cart track land does not belong to this Respondent or the Complainants, nonetheless this Respondent with a view to prevent flooding within their compound and to maintain the natural flow of rainwater over the years through the cart track have by spending huge amount of money and with professional guidance from the consultants, have put up the Hume pipes. Secondly, as on date it will not be possible for the Respondents to change the same, because it will be more expensive, time consuming and unsafe for the senior citizens. Further there has been clear disagreement and resistance from the side of residents whose houses are nearby cart track on altering the present system. Lastly, the cart track is covered only with a view to safeguard the interest of the senior citizens and improve their lives and make their stay at Ashiana Shubham safe.
48. The Respondents have also submitted it had further proposed that if required, the residents could get the present system verified from external consultant having requisite knowledge. and expertise in the matter, as well. At every few meters, a man-hole inspection chamber is provided for cleaning and removing the stagnated slush/silt, if need be. The compound wall which had fallen during 2021 rain is erected and strengthened and expected it to withstand any weather.
49. The Respondents have further stated that the other issue relates to installation of 3 Nos. of the 500 KVA DG Sets next to D block of Phase III. The contention that this is not shown in the approved plan was discussed and the Complainant’s point was found to be incorrect. The Respondent had at every step made the disclosures about location of the DG sets. The plan for Phase III of Ashiana Shubham shows location of DG sets and the same plan was submitted with RERA authority while getting registration of Phase III of Ashiana Shubham. The sale documents for the phase as well, show the location of DG sets and the same have been developed in accordance with the DTCP approved plans and the sale documents.
50. The Respondents have also submitted that the Complainants are not within the vicinity of the DG sets and hence their apprehension is inconceivable. One gentleman named Mr. Meenakshi Sundaram has purchased the premises, in Phase III Block D and made a request as to something should be done for his apartment as he is afraid that the DG sets _ may harm his health. Though the unit was purchased by Mr.Meenakshi Sundaram in Phase III, with the full knowledge about the location of DG sets still being sensitive to his demands and considering his observations, this Respondent has accepted the request and agreed to shift him in future phase, so that his grievance could be met accordingly. In fact a unit in future Phases has already been reserved for him.
51. It is further submitted by the Respondents that the allottees have given a POA to the Developer allowing him to make changes wherever necessary to the approved plan under which they have accepted for change as and when development takes places in stages. The Respondents have not violated any of the condition mentioned in the plan and other statutory authorities. They have installed the DG sets only as per the approved plan of the year 2019 with proper guidance of consultants.
52. The Respondents have also submitted that the sanctioned plans for Phase I and II are separate from the sanction plans of Phase III. Further the sanction Plans of Phase III clearly specify the location of DG sets and the sale documents, based on which sale was initiated, as well, were in consonance with the building plan of Phase III. The Complainants as well as other allottees of Phase III purchased the units in the phase with the proper knowledge and information about the location of DG Sets. Moreover, the DG sets are noise free acoustic and safe and as per government guidelines and the stack for the DGs have been raised to 4.5m above the adjoining habitable floor. The DG sets are totally as per the acceptable norms of Central Pollution Control Board (CPCB) & TNCPB.
53. Regarding the grievance of the Complainants that there are no proper garbage disposal facilities, the Respondents have shown where the garbage disposal is kept and the Complainants were asked if they were facing any difficulty in disposing garbage to which the answer was negative.
54. In respect of municipal water supply as promised in the brochure of Ashiana, the Respondents have submitted that no such disclosure was made by the Respondent in sale document. The water in the project is being provided by obtaining permission from Public Works Department, Tamil Nadu. However, the Respondents are willing to file necessary applications with the help of the customers, to provide municipal water to the retirement homes; however, the same will depend on the government planning and development of necessary infrastructure by the government agencies for supplying water to the location and the project.
55. This Authority has examined the Complaint, the Counter Affidavit of the Respondent Promoter and the arguments and the written submission of arguments of both sides carefully.
56. The main issue/grievance of the Complainant is the adequacy of storm water management and prevention of flooding of this real estate project during monsoon.
57. The Complainants have prayed for provision of storm water trench all along the boundaries of the project. They have also questioned the usefulness of underground hume pipes and have prayed for construction of open canal with covered slabs across Phase III.
58. The 1st Respondent Promoter has submitted that the rain water trench is available all over the project and all are in working condition and are built according to the approved plan. This has been vehemently denied by the Complainants.
59. The 1st Respondent has also stated that by spending huge amount of money and with professional guidance from the consultants, they have put up the Hume pipes with a view to prevent flooding and to maintain the natural flow of rainwater through the cart track. It will not be possible for the Respondent to change the same as this will be more expensive, time consuming and unsafe for the senior citizens and there is also clear disagreement from the side of residents whose houses are near the cart track.
60. The Respondents have also submitted that the Respondents had proposed, if required, the residents could get the present system verified from external consultant having requisite Knowledge and expertise in the matter.
61. Accordingly, considering the submissions of both sides regarding storm water management and preventive measures on flooding during any extreme weather event/monsoon, this Authority nominates IIT (Madras) as an External Consultant to be engaged by the Respondents at their cost for this purpose.
62. The External Consultant shall independently examine the adequacy of storm water management measures in this real estate project and will give suitable recommendations to the Respondents after hearing the views of the Complainants and other Allottees in this real estate project as well as the Association of Allottees, if any, in this real estate project. It goes without saying that the External Consultant shall inspect this entire real estate project with reference to its topography and sources of flooding this real estate project from outside sources like forest, etc.
63. The Respondents shall carry out the recommended measures within a period of one year from the date of obtaining the recommendations of the External Consultant.
64. Regarding the issue of sewage treatment plant, the Respondents have submitted that they have already installed a STP of 250 KLD capacity which was more than sufficient to meet the requirements of the occupants as per law. Further they have stated that they have started the installation process of new STP of 750 KLD capacity. Further the new STP of 750 KLD capacity shall be more than sufficient to completely take care of the entire STP related requirement for the entire project at present and in future as well.
65. It is also seen that the Respondent Promoter has obtained consent to establish under the Water Act from Tamil Nadu Pollution Control Board. The consent to establish under Section 25 of the Water (Prevention and control of Pollution) Act, 1974 as amended has been issued for this project by TNPCB vide its proceedings dated 19.02.2020. This consent order stipulates additional conditions.
66. Therefore, this Authority directs the Respondent Promoter to ensure full compliance of these additional conditions.
67. The Complainants are also at liberty to move the TNPCB for non compliance of the conditions, if any, imposed by the TNPCB.
68. Regarding relocation of the Genset on account of noise, heat and air pollution norms, the Respondents have submitted that they have installed the DG sets only as per the approved plan and the DG sets are safe as per the Government guidelines and the stack of the DGs have been raised to 4.5m above the adjoining habitable floor. The DG sets are functioning as per the norms of the TNCPB.
69. The Respondents have also submitted that the Respondents have agreed to provide alternative dwelling unit in future phase for one Mr.Meenakshi Sundaram who had purchased one dwelling unit in Phase III near the location of DG sets.
70. The Authority also notes that the Respondents have obtained consent to establish granted under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 as amended by TNPCB vide its proceedings dated 19.02.2020 (Annexure 7 of the typed set of documents filed by the Respondent Promoter on 12.05.2022). This consent prescribes special condition especially regarding the emission of DG sets.
71. Therefore, this Authority directs the Respondent Promoter to ensure full compliance of these conditions stipulated by TNPCB without fail.
72. However, the Complainants are at liberty to move the TNPCB for non compliance of conditions imposed by the TNPCB regarding the operation of DG sets in terms of sound, heat and air pollution, if any.
73. Regarding cancellation of Villa Plots No.70 & 72 in the current location and to move them to a location as per the approved plan, the 1st Respondent has submitted that these plots are part of the Entire Land admeasuring 45 acres and 40 cents which is part of the land owned by the 2" Respondent and outside the contours of Ashiana Shubham real estate project.
74. Regarding provision of various common amenities and facilities including municipal water supply, the Respondents have submitted that no such disclosure regarding the municipal water supply was made by the Respondent in the Sale documents. Water is being provided by obtaining permission from PWD. The Respondents are willing to file necessary application with the help of the Allottees to provide municipal water supply to the retirement homes; provided, the Local Body and the government agencies develop necessary infrastructure for the same for supplying water to this location and this project.
75. However, it is seen from the Environmental Clearance issued by the State Level Environment Impact Assessment Authority, Tamil Nadu (page No.18 of the typed set of documents and the rejoinder filed by the Complainant on 08.08.2022) that 431 KLD of fresh water requirements is supposed to be sourced/drawn from the Local Body, Maraimalai Nagar Municipality.
76. Therefore, this Authority directs the Respondents to apply to Maraimalai Nagar Municipality for supply of 431 KLD of fresh water to this real estate project before 31.03.2023.
77. Regarding the rain water harvesting structures, this Authority directs the Respondents to fully comply with the G.O.Ms. No.138, MAWS Dept., dated 11.10.2002 i.e. condition No.5 of the Planning Permission issued by the Deputy Director of DTCP, Chengalpattu Region vide its proceedings / No.23472/18 dated 10.01.2019 (page No.24 of the typed set of documents filed by the Respondents). This shall be done before 30.06.2023.
78. This Authority also directs the Respondents to ensure provision for housing all the labourers working in this real estate project with necessary infrastructure, mobile toilets, etc. as specified in conditions No.iii) of Part-B — Conditions for construction phase in the Environmental Clearance dated 18.12.2015 (Annexure-5 of the typed set of documents filed by the 1st Respondent).
79. With the above findings and directions, this Complaint is disposed of.
