HC: Stay on Government Order - Exempt Real Estate Projects From Environmental Clearance
Dec 12, 2018 Legal Guidance
The Delhi High Court has passed a passed a stay order on notifications of the environment ministry by which the latter has been planned to ease green norms for real estate projects.
Recently, a notification was published that the ministry has said that any residential projects with a built-up area between 20,000 and 50,000 square meters (sqm) would not need an environmental clearance. The ministry also said that it is urban-local authorities who would provide clearance to all industrial sheds, educational institutions, and hospitals and hostels, with a built-up area between 20,000 sqm and 1.5 lakh sqm. However, the HC has listed the matter for further hearing on The 19th of February 2019.
Since the Modi-led government has promised to build houses for all by the year 2022, the environment ministry decided to go easy on green norms for large residential projects so that this ambition gets a push. This move also aims to improve the ranking of India in ease of achieving construction permits, as per the statement of an official. Since the year 2014, India’s ranking has moved up from 184 to 52 on the parameter of improvement in granting construction permits.
The projects that have a built-up area of up to 20,000 sqm. need not to have to apply for green clearance under the existing rules. For projects with a built-up area between 20,000 and 50,000 sqm would require a self-declaration to be submitted to the urban-local bodies with a statement that green norms have been followed. They would not need to apply for an environmental assessment report.
Recently, a notification was published that the ministry has said that any residential projects with a built-up area between 20,000 and 50,000 square meters (sqm) would not need an environmental clearance. The ministry also said that it is urban-local authorities who would provide clearance to all industrial sheds, educational institutions, and hospitals and hostels, with a built-up area between 20,000 sqm and 1.5 lakh sqm. However, the HC has listed the matter for further hearing on The 19th of February 2019.
Since the Modi-led government has promised to build houses for all by the year 2022, the environment ministry decided to go easy on green norms for large residential projects so that this ambition gets a push. This move also aims to improve the ranking of India in ease of achieving construction permits, as per the statement of an official. Since the year 2014, India’s ranking has moved up from 184 to 52 on the parameter of improvement in granting construction permits.
The projects that have a built-up area of up to 20,000 sqm. need not to have to apply for green clearance under the existing rules. For projects with a built-up area between 20,000 and 50,000 sqm would require a self-declaration to be submitted to the urban-local bodies with a statement that green norms have been followed. They would not need to apply for an environmental assessment report.
Conditions to follow by developers
If the developers of such projects want to enjoy benefits, they need to follow certain norms, which will be part of the state laws. The urban-local bodies will issue a completion certificate after verification of such projects — for instance, rainwater harvesting facility, waste management, green energy as well as water management. Besides, air and noise pollution norms must be followed as well.
The projects that do not require an environmental approval would not fall under the purview of the National Green Tribunal (NGT).
Those projects which are the range of 5,000 and 20,000 sqm would not require a green clearance as per the government announcement in 2016. However, the NGT said that the environment ministry must ensure that its social cause of providing houses to all must be met while we are compromising the environment. According to the NGT, the proposal of environmental clearance exemption for the constructions and building projects that have a built-up area up to 1,50,000 sqm is baseless with no clear study indicating an improvement in the environmental quality with all environmental facets/ availability of natural resources.
The projects that do not require an environmental approval would not fall under the purview of the National Green Tribunal (NGT).
Those projects which are the range of 5,000 and 20,000 sqm would not require a green clearance as per the government announcement in 2016. However, the NGT said that the environment ministry must ensure that its social cause of providing houses to all must be met while we are compromising the environment. According to the NGT, the proposal of environmental clearance exemption for the constructions and building projects that have a built-up area up to 1,50,000 sqm is baseless with no clear study indicating an improvement in the environmental quality with all environmental facets/ availability of natural resources.
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