NGT Questions Government To Exempt Small Real Estate Projects From Former Nod

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small real estate projects from former nod
NGT Questions Government To Exempt Small Real
Estate Projects From Former Nod
Jan 2018
In Green Homes
The National Green Tribunal has directed the
Ministry of Environment and Forests to re-look at
the notification exempting the real estate
projects with the total built-up area measuring
between 20 thousand and 1,50,000 square meter
from gaining prior environment clearance saying
that the norm suffers from some legal infirmity.
Ministry of Environment and Forest, in the
amendment notification that was published on 9th
December 2016, exempted the construction and
building projects from the process of
environmental impact assessment and the prior
environmental clearance. For the smaller projects
lesser than 20,000 square meters, it has
self-declaration clause which will make sure
issuance of permission from the urban-local
bodies. For huge projects of more than 20,000
square meter in the size, the green clearance, as
well as building permission, will provide by
modern-local bodies simultaneously in the
integrated format.
Quashing the provision in notification relates to
exclusion of the consent to operate as well as
the consent to establish under Water Act and Air
Act, the National Green Tribunal said that the
stipulation with the regard to the functioning
and constitution of environment cell, to monitor
the adherence to conditions in the environmental
clearance, couldn't be sustained as well as were
liable to be set aside.
The direct ministry of environment and forest to
re-look its notification as well as take the
appropriate steps to amend delete and rectify
clauses of notification in light of the judgment.
As a result, the bye-laws by Delhi Development
Authority the notification was dated March 22,
2016, by the effect too, unless and until the
notification dated December 9, 2016, as
amended. The tribunal made it pretty clear that
ministry would not implement impugned
notifications till the time it complied with the
notifies and directions the amended
provisions. It is said that environment ministry
should take care that social cause of giving
housing to the poor doesn't get defected by
economic profitability, business with the
reference to ease of doing the business while
protecting the environment. The National Green T
ribunal said that the notification has various
deficiencies which go against basic spirit of
Environment Protection Act, 198 and EIA
notification. It is said that the ministry has
failed to produce any literature, study,
evaluation of reason for taking the retrograde
decision to go back to a pre-2004 situation where
the failure of local bodies was considered to the
primary reason for bringing constructions ad
building activity within the EIA framework. The
proposal for exemption of the environmental
clearance for building and construction project
with the built-up area up to 1,50,000 square
meters is baseless as there is no study that
basically indicates any of the improvement in
environmental quality with the regard to all the
availability of natural resources/environmental
facets, following which there is consideration
for relaxation of present norms. The said
amendment notification is a poly to circumvent
provisions of the environmental assessment under
EIA notification, 2006 in name of ease of doing
the responsible business as well as there is no
mechanism laid down under amendment notification
for assessment, evaluation or monitoring
environment impact of the construction and
building activity.
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The judgment came on the pLea filed by the NGO
Society for the Protection of Biodiversity and
Environment and others do claim that amended
bye-laws seek to defeat as well as do away with
provisions of EIA notification 2006 which relates
to the requirement of environmental clearance by
construction and building projects.
n g
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