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J. B. PARDIWALA, R. MAHADEVAN
Confederation of Real Estate Developers Association of India (Credai) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. introduction of appeals on environmental orders (Para 1 , 2 , 3) |
| 2. government’s mandate and environmental clearance procedures (Para 4) |
| 3. arguments against applicability of general conditions (Para 5) |
| 4. impact of ngt order on real estate projects (Para 6) |
| 5. challenges to ngt’s jurisdiction and interpretation (Para 7) |
| 6. supreme court's affirmation of environmental legislation (Para 19 , 20 , 22) |
| 7. conclusion on applicability of notifications (Para 24 , 25) |
| 8. final order on appeals (Para 27) |
JUDGMENT :
1. We have heard the learned senior counsel appearing for the appellants, including the intervenor, the learned Additional Solicitor General of India appearing for Respondent No. 1, and the learned senior counsel for Respondent No. 3. We have also perused the materials available on record.
3. By the impugned order, the NGT allowed the original application filed by Respondent No. 3, and directed Respondent No. 1, Ministry of Environment, Forest and Climate Change4[In short, “MoEF&CC”] to ensure that all building and construction projects falling wholly or partly within 5 km of the following categories: -
3.1. In arriving at its conclusion, the NGT held, inter alia, that –
The Environmental Impact Assessment (EIA) 2006 Notification's General Conditions do not apply to building and construction projects listed as Items 8(a) and 8(b), affirming the intent for state-level....
Notification altering environmental regulations must align with prior judicial findings, ensuring no arbitrary exemptions for projects requiring assessments.
Requirements of prior Environmental Clearance - It is a trite law that a writ cannot be issued on ground of violation of principles of natural justice if only one conclusion is possible in a given si....
Point of law: Basis of categorisation of projects and activities under the EIA notification lies in the expanse of the built-up area of the proposed project.
Legislature intended to create a specialist body in the form of National Green Tribunal to consider the validity of orders granting or rejecting applications for EC. The remedy of an appeal with the ....
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The court emphasized the importance of enforcing the conditions of the Environmental Clearance (EC) and ensuring compliance by the Project Proponent. The judgment was issued based on the specific cir....
The court affirmed that any expansion exceeding specified limits under the EIA Notification requires prior Environmental Clearance, emphasizing rigorous compliance with environmental assessment proce....
The main legal point established in the judgment is that the exemption granted for the removal of ordinary earth for linear projects was found to be arbitrary and violative of Article 14 of the Const....
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