AI Overview...
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Environmental Clearance Certificate - Typically required from competent authorities before project commencement; multiple sources emphasize the importance of obtaining proper environmental clearance as per applicable laws (e.g., EIA Notification, 2006; Environment Protection Rules, 1986). There are instances where projects proceed without clearance, but such actions are generally contested or deemed illegal Donthi Narasimha Reddy VS District Collector - Andhra Pradesh, GANGA MAHASABHA VS UNION OF INDIA - Allahabad, Nahur Vivekanand Cooperative Housing Society Ltd. VS Union of India - Bombay.
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Multiple Clearances for One Project - Generally, a single environmental clearance suffices for a project, provided all conditions are met; however, complexities arise when different project phases or components are involved. Some cases highlight that separate clearances may be necessary if project components are distinct or if modifications occur, but typically, one comprehensive clearance covers the entire project scope Alembic Pharmaceuticals Ltd VS Rohit Prajapati - Supreme Court, Kaushal Kant Mishra VS Union of India - Delhi.
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Ex Post Facto Clearance - Some cases discuss the possibility of obtaining environmental clearance after project initiation, but courts and authorities often scrutinize such approvals, emphasizing that environmental laws aim to prevent unauthorized activities. Ex post facto clearances are controversial and may be revoked if found irregular Alembic Pharmaceuticals Ltd VS Rohit Prajapati - Supreme Court.
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Project Ongoing Status and Clearance Validity - The status of project completion and possession can influence clearance validity; delays or changes in project scope may require re-evaluation or fresh clearance. For example, delays in project completion may lead to questions about ongoing project status and the need for renewed clearance Parklands Pride Buyers Association VS BPTP Ltd. - Consumer, Subashini Thulasiram VS SPR & RG Constructions Pvt. Ltd. - Madras.
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Legal and Regulatory Framework - Environmental clearance procedures are governed by multiple regulations, including the Environmental Impact Assessment Notification, 2006, and relevant state-level authorities (e.g., SEIAA, NGT). Proper adherence to these legal frameworks is essential to avoid violations and penalties GANGA MAHASABHA VS UNION OF INDIA - Allahabad, Ramchandra Vaman Naik VS Sesa Goa Limited - Bombay.
Analysis and Conclusion:
Generally, a single environmental clearance certificate is sufficient for a project if all legal requirements are met and the project scope remains unchanged. However, in cases involving multiple phases, modifications, or delays, additional clearances or re-approvals may be necessary. Projects undertaken without proper clearance risk legal action, revocation, or project shutdown, emphasizing the importance of adhering to environmental laws and obtaining all requisite certificates before and during project execution.
Search Results for "Two Environmental Clearance Certificate for One Project"
1999 0 Supreme(AP) 941 • India - Andhra Pradesh
M.S.LIBERHAN, R.RAMANUJAM
require issuance of any environmental clearance certificate by Central government nor any "environmental public Hearing" as contemplated ... of Government of India issued in exercise of power issued by ministry of Environment and Forests and no environmental clearance ... certificate was issued by Government of India as contemplated under Act and Rules – Held , After going through material on record ... the purpose after giving one month s notice in ....
2025 Supreme(Online)(NGT) 136 • India - National Green Tribunal CHENNAI (SOUTHERN ZONE BENCH)
PUSHPA SATHYANARAYANA, VIJAY KULKARNI, JJ
(A) Environmental Impact Assessment Notification, 2006 - Environmental Clearance - The appellants challenged the Environmental Clearance ... (Paras 17-21) (E) ... ... Findings of Court: ... The Environmental Clearance was upheld as the ... certificate did not apply as the total area of adjacent quarries did not exceed the threshold for cluster assessment. ... It is stated that as per clause IV of appendix-11, the individual leaseholders in cluster....
• India - Consumer
R.K.AGRAWAL, S.M.KANTIKAR, BINOY KUMAR
ii) Apartment Buyers whose allotments fall in Phase 2 of the project, where the allotments are in Towers A1 to A5, B5 to B8, C8 to C11, where the Occupation Certificate has not been granted so far, are set out in Chart B below. ... There is no denial to the fact that the Offer of Possession was made by the Developer to the Allottees on 16.07.2018 after obtaining the Occupation Certificate dated 19.06.2018. Admittedly, there is delay of 3 years in completion of the Project.
2025 0 Supreme(SC) 1417 • India - Supreme Court
SATISH CHANDRA SHARMA, BELA M. TRIVEDI
clearance and occupancy certificates. ... clearance and occupancy certificates - Ongoing projects' status discussed. ... of ongoing project issues. ... SEIAA, Uttar Pradesh is directed to give necessary Environment clearance as per the directions given by this Court vide the order dated 29.08.2024, as expeditiously as possible and preferably within two months from the date of receipt of a copy of the application filed by the NBCC seeking such #HL_STA....
2009 0 Supreme(All) 2410 • India - Allahabad
ASHOK BHUSHAN, ARUN TANDON
obtaining of clearance certificate and other relevant and constitutional aspects—Projected in detail. ... (Protection) Rules, 1986—Sections 2 and 3—Environmental (Protection) Rules, 1986—Rule 5—Environmental Clearance Regulations, 2006 ... clearance has been obtained, as required by law—High Court after examining various aspects of environmental law, elaborating several ... the environmental clearance. ... Environmental#HL....
2013 0 Supreme(Bom) 120 • India - Bombay
MOHIT S.SHAH, ANOOP V.MOHTA
sq. metres and environmental clearance is required from the State Level Environmental Impact Assessment Authority only when the ... clearance certificate issued by competent authority. - When the petitioners do not propose to put up construction in excess of 20,000 ... ... Since environmental clearance is required only if construction is ... obtaining prior environmental clearance. ... Niranjan Pandit that when the projec....
2020 0 Supreme(SC) 289 • India - Supreme Court
D.Y.CHANDRACHUD, AJAY RASTOGI
obtaining environmental clearance in accordance with procedure laid down under EIA notification of 1994 – A consent order issued ... The circular envisaged the grant of ex post facto environmental clearances. ... clearances – NGT issued a slew of directions including revocation of environmental clearances and for closing down industrial units ... 1994, a project proponent will not be required to seek environmental clearanc....
2020 0 Supreme(Del) 1274 • India - Delhi
G.S.SISTANI, JYOTI SINGH
NAUROJI NAGAR REDEVELOPMENT PROJECT - MASTER PLAN OF DELHI-2021 (MPD-2021) - ENVIRONMENTAL CLEARANCE - TREE FELLING - TRAFFIC ... Illegal grant of environmental clearance 3. Replantation of trees 4. ... clearance was appealable under Section 16(h) of the NGT Act 2010, within a period of 30 days from the grant of environmental clearance ... Union of India is also correct in its stand that the challenge to Environmental Clea....
2012 0 Supreme(Bom) 504 • India - Bombay
S.C.DHARMADHIKARI, U.V.BAKRE
obtained after examining all aspects - Environmental clearance is not flawed - Approvals granted in 2007 and renewed in 2009 are ... All that held is that on the basis of available material, Court cannot conclude that the environmental clearance is flawed. ... Court does not feel that the relevant facts have not been considered while granting environmental clearance for Navelim Pig Iron ... any environmental clearance under the eia notification of 20....
2020 0 Supreme(Mad) 2118 • India - Madras
N.KIRUBAKARAN, P.VELMURUGAN
. - Whether appellate authority right in holding that project was completed as early as on and project would not be ongoing project ... could be called as ongoing project or otherwise and exemption - All learned counsels argued on above questions of law – Held, There ... Rule 2(h)(ii) of Tamil Nadu Real Estate (Regulation and Development) Rules which came into force on – Whether 1st respondent's project ... (vi) Admittedly there is no environmental clearance #HL_STAR....
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