Now, if the construction of redevelopment projects under scheme of Slum Rehabilitation Authority (SRA), dilapidated buildings and CESS buildings is involved, if the developer carryout construction below 20, 000 m2 need not require prior environment permission accorded by the Central Government or the State or Union territory Level Environment Impact Assessment Authority (SEIAA).
The Environment Department of Maharashtra issued a circular regarding the requirement of environmental clearance for building projects, which notifies that the construction of redevelopment projects wherein rehabilitation of tenants in SRA/Dilapidated/CESS buildings was involved, construction of rehab component below 20,000 m2 was not to be considered as a violation of EIA Notification of 2006 read with OM of MoEF dated 12/12/2014 and 27/06/2013.
As Hon’ble High Court in matter of Glomore Construction Vs. Union of India, vide order dated (24/03/2014) and (18/12/2014) allowed the construction up to 20, 000 m2 of free sell component, even in residential and commercial projects, indicating no violation of EIA Notification of 2006.
In view of the above orders of High Court, Mumbai, the Environment Department claims that, proposed construction projects wherein project proponent has undertaken total construction below 20, 000 m2 may not be considered as a violation of EIA Notification of 2006 read with OM of MoEF dated 12/12/2014 and 27/06/2013.
Further, Assistant Government Pleader of High Court informed the State Environmental Appraisal Committees (SEACs) to ensure the compliance of above order of court to avoid contempt of its order.
But, further the AGP asserted that, it is important to note that by this way the indemnity is not given to the developers to carry construction under taken by project proponent. If, at the time of appraisal of the project, it is found that the construction undertaken is not fulfilling the environmental considerations, project proponent will have to comply with the direction of concern committee to accommodate environmental concerns.
Therefore, it is desirable that is such cases all environmental concerns are addressed at the planning stage only.
No comments:
Post a Comment