Builder Can’t Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law

KEY TAKEAWAYS

• In a recent judgment, the Supreme Court approved the prior development made by a Project Proponent, in light of the Environmental Clearance (EC) got according to the lawful structure that existed at the pertinent time, summoning the standard of authentic assumption.
• Notwithstanding, the Apex court guided further development to be completed solely after acquiring new EC under the current ecological system.

DETAILS

• The Appellant at first thought of a venture of 15,040 sq. m., which was beneath the Environment Clearance edge cutoff of 20,000 sq. m.
• It moved toward the Pimpri Chinchwad Municipal Corporation (PCMC) with the format to ultimately get the Environment Clearance from SEIAA.
• The essential consents were allowed for 15.040 sq. m. Being beneath as far as possible, EC was not needed for the development, at this stage.
• The Appellant, moved toward the Apex Court, which subsequent to saving the request for NGT transmitted the matter back for its thought.
• Considering the order for the NGT the Court held that the generally built four structures would be treated as substantial, but for future development in the endorsed design, the Appellant should get a new EC from the skilled authority according to the current system.

QUESTIONS

• Do you agree with the decision of the Supreme Court ?
• What is environmental clearance law ?

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