Supreme Court Directs Environment Approval first

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Supreme Court Directs Environment Approval First
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Supreme Court Directs Environment Approval
Real estate companies in the top metro cities of
the country opined that the environment clearance
is a must for their projects and the local
authorities approve the plans of buildings only
after the project is approved by the environment
department. The Supreme Court in its order has
directed that environment clearance has to be
taken first before even the work commences.
This decree was passed after an observation on
the 15th of January, 2016.There have been
frequent disputes between the environment
department and the developers.
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• In a recent dispute on July 2015 the National
  Green Tribunal (NGT) had disallowed the office
  memo of the environment ministry which directed
  the builder to rectify their mistake while the
  building construction was still on.
• According to the Tribunal the memo issued by the
  environment ministry had altered and did not
  conform to the Environment Protection Act. 1986
  and neither did it adhere to the EIA Notification
  of 2006.
• But the order of the NGT was stayed by the
  division bench constituted earlier. The division
  bench was headed by the then Chief Justice of
  India, HL Dattu.

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• On the decision taken by the bench on January
  15ththe apex court said that there is a need to
  reexamine the earlier order issued by it. In this
  the apex court backed the order of the NGT that
  any housing project cannot commence without the
  green clearance.
• But in their opinion the developers of all the
  major metros like Bangalore, Noida, Mumbai,
  Gurgaon and few others said that they have always
  taken the environment clearance for the building
  plan to be sanctioned.
• Let us look at the various norms in the other
  cities of India and see what was prevalent in
  these cities. As per the builders of Gurgaon the
  developers have to apply for a licensefor the
  land once the land is bought from the owner.

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• Once the license is obtained one has to apply for
  the environment clearance.
• In Noida the norm is that after any land is
  allotted by the Noida local authorities the
  builder applies for the environment clearance as
  that is one of the pre-condition for obtaining
  the building plans for being sanctioned by the
  local authorities.
• The President of the Confederation of Real Estate
  Developers Association of India (CREDAI),
  National Capital region said that local
  government does not clear the plans for
  construction unless the plan is first of all
  being cleared by the environment department.

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• In Haryana there is a circular and a clause as
  per the local laws which make the green clearance
  compulsory in the approval process of the
  building plan.
• The majority of the builders and the developers
  association opine that getting an environment
  clearance is an unavoidable problem for the
  builders and is the main reason for the delays in
  completing the projects.
• The experts opine that on an average the time
  taken to get environment clearance is roughly 18
  months depending on the city.The developers opine
  that environment clearance takes the longest time
  and this time has to be shortened to reduce the
  completion time and make the products more
  affordable for the consumers.

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Phone - 080 40155666, 8494 9301 72 Email -
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• The developers from Mumbai opined that most of
  the projects of Mumbai require the CRZ (Coastal
  Regulatory Zone) clearance whereas some of the
  sub urban areas require adhering to the forest
  related regulations.
• In the coastal areas and Mumbai no project can
  start construction unless the builder obtains
  approvals from related authorities like the
  Maharashtra Coastal Zone Authority (MCZMA).
• This is also a state level subsidiary authority
  under the ministry of environment of forests.
  Such special zones also need such approvals which
  makes the time of approval even longer opined the
  realtors of Mumbai.

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Phone - 080 40155666, 8494 9301 72 Email -
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• According to the Tribunal the memo issued by the
  environment ministry had altered and did not
  conform to the Environment Protection Act. 1986
  and neither did it adhere to the EIA Notification
  of 2006.
• The majority of the builders and the developers
  association opine that getting an environment
  clearance is an unavoidable problem for the
  builders and is the main reason for the delays in
  completing the projects.
• The majority of the builders and the developers
  association opine that getting an environment
  clearance is an unavoidable problem for the
  builders and is the main reason for the delays in
  completing the projects.

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Phone - 080 40155666, 8494 9301 72 Email -
contact_at_gruhakalyan.com
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