supreme court directs environment approval first

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Supreme Court Directs Environment Approval First

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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.

Supreme Court Directs Environment Approval





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.





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.





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.





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 developer’s 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.





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.





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.







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supreme court directs environment approval first

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