Case Note & Summary
The Supreme Court dismissed the appeals filed by Tata Housing Development Company Ltd. (Tata HDCL) against the judgment of the High Court of Delhi, which had quashed the environmental clearance granted by the State Level Environment Impact Assessment Authority (SEIAA), Punjab for the housing project 'CAMELOT' in village Kansal, Mohali, Punjab. The project, proposed on 52.66 acres, was located 123 meters from the boundary of Sukhna Wildlife Sanctuary and fell within the catchment area of Sukhna Lake as per the Survey of India Map dated 21.09.2004. The High Court had held that the project required environmental clearance from the Central Government as a Category 'A' project under the Ministry of Environment and Forest (MoEF) Notification dated 14.09.2006, and that the clearance granted by SEIAA was invalid. The Supreme Court upheld this decision, noting that the Survey of India Map was binding and that the project's proximity to the wildlife sanctuary and location in the catchment area necessitated stricter scrutiny. The Court also observed that the State of Punjab had not responded to MoEF's request to declare an ecosensitive zone within 1 km of the sanctuary. The appeals were dismissed, and the High Court's directions were affirmed, including that if the State of Punjab wished to grant permission, the appellant must apply to the Central Government for environmental clearance treating the project as Category 'A'.
Headnote
A) Environmental Law - Environmental Clearance - Validity of Clearance by SEIAA - Project in Catchment Area of Sukhna Lake and Adjacent to Sukhna Wildlife Sanctuary - The project was located 123 meters from the boundary of Sukhna Wildlife Sanctuary and fell within the catchment area of Sukhna Lake as per Survey of India Map dated 21.09.2004 - The High Court held that the project required environmental clearance from the Central Government as a Category 'A' project under the MoEF Notification dated 14.09.2006, and the clearance granted by SEIAA, Punjab was invalid - Held that the Survey of India Map is binding and the project's location in the catchment area necessitates stricter scrutiny (Paras 1-15). B) Environmental Law - Wildlife Sanctuary - Ecosensitive Zone - Proximity to Wildlife Sanctuary - The project was 123 meters from Sukhna Wildlife Sanctuary, and the area was part of the ecosensitive zone - The High Court noted that the State of Punjab had not responded to MoEF's request to declare an ecosensitive zone within 1 km - Held that prior clearance from the Standing Committee of National Board for Wildlife was required before granting environmental clearance (Paras 10-14). C) Environmental Law - Catchment Area - Survey of India Map - Binding Nature - The Survey of India Map dated 21.09.2004, prepared under directions of the High Court, demarcated the catchment area of Sukhna Lake - The map was prepared after consultation with all stakeholders and was binding on the State of Punjab - Held that the project fell within the catchment area, and no construction could be permitted without proper clearance (Paras 14-15).
Issue of Consideration
Whether the environmental clearance granted by SEIAA, Punjab for the housing project 'CAMELOT' was valid given its proximity to Sukhna Wildlife Sanctuary and location in the catchment area of Sukhna Lake, and whether the project required clearance from the Central Government as a Category 'A' project.
Final Decision
The Supreme Court dismissed the appeals and upheld the judgment of the High Court of Delhi, which quashed the environmental clearance granted by SEIAA, Punjab and the permission granted by Nagar Panchayat, Naya Gaon. The Court affirmed that the project requires environmental clearance from the Central Government as a Category 'A' project under the MoEF Notification dated 14.09.2006.
Law Points
- Environmental clearance
- Catchment area
- Wildlife sanctuary
- Ecosensitive zone
- Survey of India Map
- Category 'A' project
- MoEF Notification 2006
- Environmental Protection Act
- Wildlife Protection Act
- Periphery Control Act
