Supreme court directs environment approval first

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Supreme Court Directs Environment Approval First
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Phone - 080 40155666, 8494 9301 72
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

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
 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.

Phone - 080 40155666, 8494 9301 72
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Supreme court directs environment approval first

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Supreme court directs environment approval first