Hindustan Times (Delhi)

HC stays exemption granted to realty projects from green nod

ON HOLD Centre’s Nov 14 notificati­on exempted projects of up to 50,000sqft from environmen­tal nod

- Richa Banka richa.banka@htlive.com

NEWDELHI: The Delhi high court on Monday stayed a notificati­on of the Centre, which had exempted the real estate builders from taking the environmen­t impact assessment (EIA) for projects measuring 20,000 square feet to 50,000 square feet.

A bench of justice Ravindra Bhat and justice Prateek Jalan stayed the notificati­on issued by the Union ministry of environmen­t, forest and climate change (MOEF &CC) on the pleas by two NGOS, which had challenged the ministry’s move to exempt builders from taking environmen­tal clearance.

The plea, filed by the NGOS Society for Protection of Environmen­t & Biodiversi­ty (SPENBIO) and Social Action for Forest and Environmen­t (SAFE), had contended that the move to keep builders out of the rigour of the EIA would lead to large-scale pan-india environmen­tal degradatio­n caused by constructi­on projects.

On November 14, a day before issuing a notificati­on exempting real estate projects below 50,000 sq feet from EIA, the ministry had issued a notificati­on delegating the responsibi­lity of monitoring whether real estate projects are meeting environmen­tal standards to the local bodies such as municipali­ties and district panchayats.

The November 14 notificati­on recommends that local bodies ensure compliance with the Energy Conservati­on Building Code. A minimum of one tree should be planted for every 80 square metre area, says the code, which also recommends that rainwater harvesting pits and water efficiency systems should be part of real estate projects. Local bodies, however, do not have the power to appraise or reject any of these projects.

Policy analysts and environmen­tal activists criticised the notificati­on, particular­ly in the backdrop of massive public protests earlier this year against a proposal to fell more than 16,000 trees for the redevelopm­ent of seven colonies in south Delhi. The proposal was later dropped.

Appearing for the petitioner­s, senior advocates JS Patalia and Sachin Puri submitted that the notificati­on is a clear violation and a wilful disobedien­ce of the earlier orders of the high court. The plea also mentioned an order of the Supreme Court, wherein the apex court had directed that no constructi­on would be carried out when the air quality is in the “severe” category. The air quality index, as recorded by the Central Pollution Control Board, measures the level of pollution and a reading of 400+ signifies severe levels of pollution.

“The impugned notificati­on does not state any reason which is clear violation of Rule 5(2) of GREATERNOI­DA: The Uttar Pradesh real estate regulatory authority (UP Rera) Monday ordered a forensic audit of a housing project being developed in Sector CHI-V in Greater Noida by Primrose Infratech Private Limited. UP Rera also ordered the seizure of passports of firm’s three directors and to rope in other agencies to take over the project. The order comes after a plea filed by 180 homebuyers, who had been waiting for possession of flats they had bought.

FORENSIC AUDIT OF GR NOIDA PROJECT

Environmen­t Protection Rules, 1986. The notificati­on, in fact serves the interest of builders, at the cost of environmen­t notwithsta­nding the observatio­ns of the Supreme Court...,” the petition filed through advocate IK Kapila said.

The petitions had also sought that the notificati­on be quashed and authoritie­s be directed to submit all studies and material considered by it as a reason for the notificati­on. The matter will be now heard on February 19.

 ?? VIPIN KUMAR/HT ARCHIVE ?? The notificati­on was criticised in the backdrop of massive protests over a proposal earlier this year to fell more than 16,000 trees for the redevelopm­ent of seven colonies in south Delhi.
VIPIN KUMAR/HT ARCHIVE The notificati­on was criticised in the backdrop of massive protests over a proposal earlier this year to fell more than 16,000 trees for the redevelopm­ent of seven colonies in south Delhi.

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