Real Estate developers urge Supreme Court for faster environmental clearance evaluations

The Confederation of India's Real Estate Developers (CREDAI) asked the Supreme Court on Friday to direct Central and State Expert Assessment Committees to rapidly evaluate all pending proposals for buildings and construction projects under “General Terms” to give mandatory environmental withdrawal (EC).

A bench, led by Justice JB Paridula, said that on April 23, he would hear the petition of the real estate body with the main petition on the issue.

The application by CREDAI is in view of the apex court on 24 February, which is a notification by environment, forest and climate change (MOEF), which exempted construction and construction projects, including industrial shades, schools, colleges and hostels, which were accompanied by a built area with a built area under the underlying area of ​​up to 150,000 square meters before starting construction work.
The notification of January 29 by a gene filed by Mumbai -based NGO Vanashkat was challenged on the grounds that it had diluted the construction projects that control strict regime. Prior to January notification, Environmental Impact Assessment (EIA) 2006 made pre -environmental withdrawal for all constructions with an area of ​​over 20,000 square meters.

CREDAI told SC that due to stay order, several projects (pending approval) have come into a stoppage, especially in Maharashtra, in which neither the Central Regional Expert Assessment Committee (Central CEC) nor the State Level Assessment Committee (State SEAC) was implementing the previous applications and proposals before them.


As a result, Credai has been abandoned “without any support or measures”, senior advocates Mukul Rohatgi and Atmaram NS Nadakarni argued. Real Estate Body said, “This situation has further increased the costs of the project, reduced financial viability, and future investments. It simultaneously affects the availability and strength of housing – especially for projects aimed at providing affordable housing,” evaluation begins without any delay. “… It is in the interest of all stakeholders including the Central SEAC that the Central SEAC is directed to rapidly start the evaluation of all pending applications for projects under Item 8 (A) and 8 (B) of the Schedule for the 2006 notification, which are falling under normal circumstances and the current states are pending in the previous terms and the current states are pending”

In August, the National Green Tribunal directed the Ministry to issue the necessary notification to clarify the situation in relation to the projects covered under the EIA notification 2006 program item 8 (A) and 8 (B) and the “general conditions” for such projects. Items 8 (A) and 8 (B) deal with building and construction projects and townships or field development projects that are required for pre -EC and are evaluated by SEACS and approved by state level environmental impact assessment officers.