NGT seeks Ministry's reply over notification making EC non-mandatory

Real estate projects were exempted from getting environment clearances prior to construction work

Environment Ministry's recent notification exempting real estate projects from obtaining prior environmental clearance has come under the scanner of the National Green Tribunal which has sought the reply from the Centre on the issue.

Refusing to stay the December 9 notification issued by MoEF, a bench headed by NGT Chief Justice Swatanter Kumar issued notices to the ministries of Environment and Forests and Urban Development while seeking their reply before January 4, 2017.

"This is an application praying for interim stay of the notification dated December 9 since we have fixed the matter for hearing on January 4, 2017 we do not wish to stay the notification. However, all acts done meanwhile will be subject to final orders that would be passed in the matter," the bench said.

The tribunal was hearing a plea filed by the Society for Protection of Environment and Biodiversity seeking the quashing of the December 9 notification on the ground that it was in contravention to the provisions of EIA notification, 2006 and Environment Protection Act, 1986.

The plea has alleged that the notification tries to "circumvent" the provisions of the EIA notification, 2006 in the name of "ease of doing business" to the extent of building and construction of areas which are more than 20,000 sqm and less than 1,50,000 sqm where in the prior Environment Clearance (EC) which was previously required.

MoEF, in a recent amendment notification, exempted building and construction projects from the process of environment impact assessment (EIA) and prior environmental clearance before beginning construction.

For smaller projects (less than 20,000 sq metres) it even has a "self-declaration" clause, which will ensure issuance of permission from urban local bodies. For larger projects of more than 20,000 sq m size the EC and building permission will be given by urban local bodies simultaneously in an "integrated format".

The petition said the purpose of including the building and construction projects in the EIA notification is a failure of the urban local bodies and development authorities.