Case Note & Summary
The petitioner, M/s Saumya Buildcon Pvt. Ltd., a developer, acquired development rights over land in Worli, Mumbai, and submitted building plans for construction of rehabilitation flats, shops, a school, and a free sale building. The plans were approved by the Municipal Corporation in 2004. However, the Environment Impact Assessment Notification of 14 September 2006 required prior environmental clearance for certain projects. The petitioner challenged the requirement, arguing that since the plans were approved before the notification, the project was exempt. The court examined the notification and held that it applies to all new projects and activities listed in the Schedule, and the approval of plans does not amount to commencement of construction. The court noted that the project falls within the Coastal Regulation Zone and requires clearance from the MCZMA. The court dismissed the petition, directing the petitioner to apply for environmental clearance from the appropriate authority, and granted liberty to the petitioner to seek interim relief from the authority. The court also directed that the application be decided within four weeks.
Headnote
A) Environmental Law - Environmental Clearance - Requirement of Prior Environmental Clearance - Environment Impact Assessment Notification, 2006 - The petitioner, a developer, challenged the requirement of obtaining environmental clearance for a construction project near the coast, arguing that building plans were approved prior to the 2006 notification. The court held that the 2006 notification applies to all projects not yet started, and the mere approval of plans does not exempt the project from obtaining prior environmental clearance. The court dismissed the petition, directing the petitioner to apply for environmental clearance. (Paras 2-13) B) Environmental Law - Coastal Regulation Zone - Applicability of CRZ Notification - Environment (Protection) Act, 1986, CRZ Notification, 2011 - The court noted that the project falls within the Coastal Regulation Zone and requires clearance from the Maharashtra Coastal Zone Management Authority (MCZMA). The court held that the petitioner must obtain environmental clearance from the State Environment Impact Assessment Authority (SEIAA) or the MCZMA as applicable. (Paras 4-12)
Issue of Consideration
Whether the petitioner's building plans, approved prior to the 2006 Environment Impact Assessment Notification, are exempt from the requirement of obtaining prior environmental clearance under the said notification.
Final Decision
The court dismissed the petition, holding that the petitioner is required to obtain prior environmental clearance under the 2006 EIA Notification. The court directed the petitioner to apply for environmental clearance from the appropriate authority, and directed the authority to decide the application within four weeks. The court granted liberty to the petitioner to seek interim relief from the authority.
Law Points
- Environmental Clearance
- Coastal Regulation Zone
- Building Plan Approval
- Development Control Regulations
- Prior Environmental Clearance
- EIA Notification 2006
