SC Stays Order Exempting Green Clearance for Construction Sites

The Supreme Court on Monday stayed a notification by the Union government that exempted building and construction projects, including industrial sheds, schools, colleges and hostels with a built-up area up to 150,000 square meters from obtaining mandatory environmental clearance (EC) prior to starting construction work.

- Abraham Thomas

NEW DELHI:

A bench, headed by Justice Abhay S Oka, passed the order on a public interest litigation (PIL) filed by Mumbai-based NGO Vanashakti challenging the notification issued by the ministry of environment, forests and climate change (MoEFCC) on January 29 this year on the grounds that it diluted the strict regime governing construction projects. Before the notification came into force, the Environment Impact Assessment (EIA), 2006 made prior environmental clearance mandatory for all constructions with a built-up area of above 20,000 sq meters.

Senior advocate Gopal Sankaranarayanan, appearing for Vanashakti along with advocate Vanshdeep Dalmia, said that this was the fourth attempt by the Centre to carve out an exception for building and construction projects, submitting that similar moves were made by the environment ministry in 2014, 2016 and 2018. The 2014 move was quashed by the Kerala high court; the 2016 change by the National Green Tribunal (NGT), against whose order an appeal moved by Centre is still pending before the top court; and the 2018 notification was stayed by the Delhi high court in November that year, Sankaranarayanan told the top court.

Noting the pan-India impact of the notification, the bench, also comprising Justice Ujjal Bhuyan, said, "Issue notice... In the meantime, stay on the operation of the notification."