Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
References:["VISHAL KUMAR VS BIHAR FOUNDRY AND CASTINGS LIMITED THROUGH CHAIRMAN - National Green Tribunal"]["SATISH SANJAY MAGADE VS M/S. RHYTHM COUNTY & ORS - National Green Tribunal"]["SATISH SANJAY MAGADE VS M/S. RHYTHM COUNTY & ORS - National Green Tribunal"]["Sh. Manoj Yadav vs Bihar Foundry and Castings Limited - National Green Tribunal"]["MR. SAYYED MOHAMMED SABIR USMAN vs UNION OF INDIA - National Green Tribunal"]["PRASOON PANT VS MOEF - National Green Tribunal"]["Meenava Thanthai K.R. Selvaraj Kumar Meenavar Nala Sangam vs Tamil Nadu State Environment Impact Assessment Authority - National Green Tribunal"]["VISHAL KUMAR VS BIHAR FOUNDRY AND CASTINGS LIMITED THROUGH CHAIRMAN - National Green Tribunal"]
In the world of real estate and infrastructure development, one question often looms large for developers, builders, and project proponents: Are prior environmental clearances (including CTE equivalents) essential before actual construction? The answer is generally yes, with strict legal mandates emphasizing prospective approvals to safeguard the environment. Skipping these can lead to project halts, penalties, or even frustration of the entire venture. This blog post dives deep into the legal framework, key judgments, exceptions, and practical recommendations, drawing from statutory notifications and court rulings.
Whether you're a developer planning a large-scale project or a stakeholder assessing risks, understanding these prerequisites is crucial for compliance and sustainable development.
The prerequisites for granting environmental clearance (EC) and Consent to Establish (CTE) or its equivalents demand strict compliance with statutory notifications, procedural norms, and environmental assessment procedures before commencement of construction activitiesN. D. Jayal VS Union Of India - 2003 6 Supreme 572Ahalia International Foundation, Ahalia Campus Vs The State Environment Impact Assessment Authority, (Seiaa Kerala) - 2025 0 Supreme(Ker) 522. These clearances are typically prospective, meaning prior approval is mandatory for projects exceeding specified thresholds. Retrospective or ex post facto approvals are rare exceptions, allowed only under stringent conditions Goa Foundation (I) VS Union of India - 2004 0 Supreme(SC) 1631Ahalia International Foundation, Ahalia Campus Vs The State Environment Impact Assessment Authority, (Seiaa Kerala) - 2025 0 Supreme(Ker) 522.
For instance, the Environmental Impact Assessment (EIA) Notification, 2006, explicitly prohibits starting construction without prior EC for qualifying projects. As clarified in official communications, while securing the land, no activity relating to any project covered under EIA Notification, 2006 including civil construction can be undertaken at the site without prior Environmental Clearance (EC) RAJESH SHARMA VS STATE OF HARYANA - 2025 Supreme(Online)(NGT) 254.
Under the Environment (Protection) Act, 1986, and EIA Notification, 2006, environmental clearances must precede any construction or land preparation (except securing land). The Supreme Court in Electrosteel Steels Limited v. Union of India stressed that ex post facto Environmental Clearance should not ordinarily be granted, and certainly not for the asking, but allowed it exceptionally if norms are met Goa Foundation (I) VS Union of India - 2004 0 Supreme(SC) 1631.
Similarly, courts have ruled that prior environmental clearances have been ordained before any construction work of specified project including for preparation of land by the project management (except for securing the land) Project Director, Project Implementation Unit VS P. V. Krishnamoorthy - 2020 Supreme(SC) 701. Violations render activities illegal, as seen in cases of unauthorized construction RAJESH SHARMA VS STATE OF HARYANA - 2025 Supreme(Online)(NGT) 254.
The EIA Notification, 2006, sets clear thresholds: projects over 20,000 sq. mts. built-up area require prior EC Ahalia International Foundation, Ahalia Campus Vs The State Environment Impact Assessment Authority, (Seiaa Kerala) - 2025 0 Supreme(Ker) 522. It is obligatory for builder to obtain requisite environment clearance before accepting any booking in project Arun Datta VS Unitech Ltd.. Notifications apply prospectively unless stated otherwise, barring routine retrospective grants Ahalia International Foundation, Ahalia Campus Vs The State Environment Impact Assessment Authority, (Seiaa Kerala) - 2025 0 Supreme(Ker) 522.
In consumer disputes, builders promising possession timelines without clearances have faced refunds with interest, as they must inform buyers or secure approvals pre-bookings Arun Datta VS Unitech Ltd..
For agricultural or forest land conversions, prior nods under Forest Conservation Act or Land Revenue laws are essential. The Kerala Green Tribunal noted unauthorized conversions make projects illegal Common Cause VS Union of India - 2017 6 Supreme 104. Courts reinforce: mining operations cannot be commenced unless EC is obtained Common Cause VS Union of India - 2017 6 Supreme 104.
Other clearances, like Fire Department approval, are stipulated in EC conditions: the developer shall obtain all other statutory clearances, including the approval from the Fire Department, prior to construction IREO Private Limited VS Aloke Anand - 2022 Supreme(SC) 777. Failure delays possession timelines, triggering consumer remedies IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA - 2021 Supreme(SC) 12.
While prohibited generally, courts may grant ex post facto EC in exceptional cases if compliance is demonstrated Goa Foundation (I) VS Union of India - 2004 0 Supreme(SC) 1631Gulf Goans Hotels Co. Ltd. VS Union of India - 2015 3 Supreme 526. However, the burden lies on proponents, and such relief is not routine. Environmental compensation may still apply for violations SAYYED MOHAMMED SABIR USMAN VS UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE - 2025 Supreme(Online)(NGT) 749.
Approvals require gazette publication, environmental impact assessments (EIA), and public hearings for transparency Ahalia International Foundation, Ahalia Campus Vs The State Environment Impact Assessment Authority, (Seiaa Kerala) - 2025 0 Supreme(Ker) 522. Non-adherence invalidates permissions. In highway projects, courts upheld notifications but noted environmental scrutiny separately Project Director, Project Implementation Unit VS P. V. Krishnamoorthy - 2020 Supreme(SC) 701.
These rulings underscore that authorities must monitor compliance rigorously.
To avoid pitfalls:- Secure prior EC/CTE for threshold-exceeding projects before construction.- Obtain land conversion permissions via legal channels for restricted lands.- Pursue ex post facto approvals only exceptionally, with full compliance proof.- Follow procedural norms like public hearings and gazette publications.- Authorities: Enforce strictly to promote sustainability.
Prior environmental clearances are not optional—they form the bedrock of lawful construction in India. Delaying them risks illegality, financial losses, and environmental harm. Developers should prioritize early applications, integrate all statutory nods (EC, CTE, Fire NOC, etc.), and consult experts.
Key Takeaways:- Always prior: No construction sans EC for qualifying projects N. D. Jayal VS Union Of India - 2003 6 Supreme 572.- Exceptions rare: Ex post facto not standard Goa Foundation (I) VS Union of India - 2004 0 Supreme(SC) 1631.- Holistic compliance: Cover land, fire, forest clearances.- Consequences severe: Refunds, penalties, halts.
This post provides general insights based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your situation.
Clearances if area of such project had any valid Environmental Clearances prior to 07.07.2021 and needless to state that such applications for modifications/alterations would be considered by the Competent Authorities strictly in accordance with law as it existed prior to 07.07.2021. ... such project had any valid Environmental Clearances prior to 07.07.2021 and that such applications for modifications/alterations would be considered by the Competent....
Costs For Building Construction Projects initiated without obtaining mandatory prior EC". ... Upon grant of conditional CTE (copy given at Annexure-XVI) dated 12/5/2021, PP further continued construction without obtaining EC from SEIAA Maharashtra in violation of the said conditional CTE dated 12/5/2021 and construction activity was also observed during visit ... Periodic workshops may be organized with the related Associations, Organizations and key Institutions so as to apprise them ....
Costs For Building Construction Projects initiated without obtaining mandatory prior EC". ... Upon grant of conditional CTE (copy given at Annexure-XVI) dated 12/5/2021, PP further continued construction without obtaining EC from SEIAA Maharashtra in violation of the said conditional CTE dated 12/5/2021 and construction activity was also observed during visit ... Periodic workshops may be organized with the related Associations, Organizations and key Institutions so as to apprise them ....
Clearances if area of such project had any valid Environmental Clearances prior to 07.07.2021 and needless to state that such applications for modifications/alterations would be considered by the Competent Authorities strictly in accordance with law as it existed prior to 07.07.2021. ... We clarify that our orders dated 02nd January, 2024 would not come in the way of the competent authorities in considering the proposals for modifications/alterations in the Environmental Clea....
no. 5 for illegal construction in violation of environmental norms. ... prior Environmental Clearance (EC) from SEIAA, Haryana, in violation of the Environmental Impact Assessment Notification dated 14.09.2006 (EIA Notification 2006). ... J- 11011/41/2006-IAJI(I) dated 19/08/2010 clarified that while securing the land, no activity relating to any project covered under EIA Notification, 2006 including civil construction can be undertaken at the site without p....
And Estimation of Remediation Costs For Building Construction Projects initiated without obtaining mandatory prior Environmental Clearance”. ... The Joint Committee has provided computation of environmental damages only for not obtaining CTO and conveniently avoided to give details on account of environmental damages due to absence of valid EC, CTE & NOC from CGWA. ... This paper strictly refers to the basis for the environmental compensation, EMP, including....
And Estimation of Remediation Costs For Building Construction Projects initiated without obtaining mandatory prior Environmental Clearance”. ... The Joint Committee has provided computation of environmental damages only for not obtaining CTO and conveniently avoided to give details on account of environmental damages due to absence of valid EC, CTE & NOC from CGWA. ... This paper strictly refers to the basis for the environmental compensation, EMP, including....
It is pertinent to mention here that such prior environmental clearance has to be obtained before any construction work or preparation of land by the project management except for securing land is started on the project. ... 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No.9 to immediately halt/stall/stop all the illegal activities carried on without any prior Environmental Clearances. ... The respondent No.9 is misrepresenting and misleading the authori....
Clearances. ... It is pertinent to mention here that such prior environmental clearance has to be obtained before any construction work or preparation of land by the project management except for securing land is started on the project. ... The respondent No.9 is misrepresenting and misleading the authorities and has suppressed the material fact that they are not secondary metallurgical industry and they do not require any prior environmental clearances. ... These not....
park in view of violation of EC condition of getting of NoC prior to starting construction have become infructuous after grant of CTE/CTO by UPPCB and issuance of completion certificate by respondent No.6-GDA and the environmental clearance dated 15.01.2021 granted to the respondent No.8(cid:150) the ... granted to the industrial park in view of violation of EC condition of getting of NoC prior to starting construction. ... Direct the respondent authorities to cancel the envi....
General Condition (vi) under Part B of the environmental clearance stipulated that the developer shall obtain all other statutory clearances, including the approval from the Fire Department, prior to construction of the project. The environmental clearance granted by the Ministry of Environment & Forest Government of Haryana on 12-12-2013 required the developer to submit a copy of the fire safety plan approved by the Fire Department, before commencing construction of the project.
The Environmental Clearance granted by the Ministry of Environment & Forest Government of Haryana on 12.12.2013 required the Developer to submit a copy of the Fire Safety Plan approved by the Fire Department, before commencing construction of the project. Clause (vi) provides that: "(vi) All other statutory clearance such as the approvals for storage of diesel from Chief Controller of Explosive, Fire Department, Civil Aviation Department, Forest Conservation Act, 1980 and Wildlife (Protection) Act, 1972, Forest Act, 1927, PLPA 1900 etc. shall be obtained as applicable by project proponents f....
It is urged that prior environmental clearances have been ordained before any construction work of specified project including for preparation of land by the project management (except for securing the land) is started on the project. Indeed, before commencement of such work or preparation, as the case may be, the concerned agency is obliged to make application in Form-1. That may be possible only after identification of prospective site for the Project and/or activities to which the application relates. The applicable notification/Office Memorandum explicitly excludes the ....
It is also stated that taking over the land by the lessee will be after the joint survey. Further clause in the order is that the lessee shall execute lease agreement with the Tuticorin Port Trust and also confirm the willingness within 15 days. The lessee shall obtain all statutory clearances as may be required by law including environmental clearances by Central Governments and State Government, Chief Controller of Explosives, Nagpur and Inspectorate of Dock Safety, Mumbai, before actual commencement of Construction.”
mtRs.are required to seek prior environmental clearance before commencing any construction activity on the project. That in terms of the EIA (Environment Impact Assessment) Notification dated 14.9.2006 published by the Ministry of Environment and Forest (herein after referred to as MoEF), all the construction projects having built up area of more than 20,000 sq. Further in terms of the provisions of the said notification formation of State Environment Impact Assessment Authority (herein after referred to as SEIAA) and State Environment Impact Assessment Committee (herein af....
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