Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental Law EIA Notification Interpretation of Notification |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Environmental Law: EIA Notification – S.O.1533 dated 14.09.2006 – Paragraph 2 – Expansion – Appellant project proponent of a residential redevelopment project, commenced construction of building at the project property – At the time of commencement of construction, total construction area was 8720.320 sq. mtrs – Appellant expanded the ambit of project and increased construction area to 32,395.17 sq. mtrs. – Under EIA Notification, an Environment Clearance (EC) was necessary if the total construction area exceeded 20,000 sq.mtrs and so appellant applied for the EC – On recommendations of SEAC, SEIAA granted EC on 02.05.2013 – By letter dated 24.09.2013, the appellant informed the Environment Department that construction was further increased by 8085.71 sq.mtrs as a result of which the total construction area of the project was enhanced to 40,482.88 sq. mtrs – On 13.03.2014, an amendment to EC dated 02.05.2013 was granted on the ground that there was only a marginal increase in built up and construction area – Challenge to the grant of amended EC dated 13.03.2014 by first respondent – NGT held that the increase in the total construction area of the appellant’s project was an expansion under Notification dated 14.09.2006 – NGT found that the appellant had undertaken an expansion as set out in Paragraph 2 of the Notification without complying with the regulatory procedure prescribed and directed the appellant to deposit Rs. One crore with the CPCB – Further, noting that the construction at the project site had been completed, the NGT appointed a five-member expert committee to study the impact of the appellant’s expanded project and to suggest remedial measures – In the instant appeal challenge was made to this order of the NGT – Held: The entire scheme of the EIA Notification is to ensure hat any new or additional environmental impact is assessed and certified by the relevant regulatory authorities – The lower limit of Entry 8(a) of the Schedule is a built up area of 20,000 sq. mtrs and the upper limit is 1,50,000 sq. mtrs – No doubt, the environmental impact of a construction of 1,50,000 sq. mtrs would be drastically more than construction of 20,000 sq. mtrs – It cannot be disputed that as the size of the project increases, so does the magnitude of the project’s environmental impact – There may exist certain situations where the expansion sought by a project proponent is truly marginal or the environmental impact of such expansion is non-existent – However, it is not for this Court to lay down a bright-line test as to what constitutes a ‘marginal’ increase and what constitutes a material increase warranting a fresh Form 1 and scrutiny by the Expert Appraisal Committee – Thus, an expansion within the limits prescribed by the Schedules would be subject to the procedure set out in paragraph 7(ii) – At the time of the second increase, the total construction area of the appellant’s project was enlarged to 40,480.88 sq.mtrs – As a result of expansion, appellant constructed sixteen additional flats – Appellant did not comply with the procedure set out under paragraph 7(ii) of the EIA Notification but rather sought an ‘amendment’ to the EC – SEIAA did not require the appellant to submit an updated Form 1 nor was the proposal processed and evaluated by SEAC – The ‘amendment’ to EC dated 13.03.2014 did not discuss the potential environmental impact of the increase in construction area – The procedure set out under paragraph 7(ii) of the EIA Notification exists to ensure that where a project is expanded in size, the environmental impact on the surrounding area is evaluated holistically considering all the relevant factors including air and water availability and pollution, management of solid and wet waste and the urban carrying capacity of the area – This was not done in the case of the appellant’s project – It was not open to SEIAA to grant an ‘amendment’ to the EC without following the procedure set out in paragraph 7(ii) of the EIA Notification – Further, as on the date of the impugned order construction at the project site had already been completed – By completing the construction of the project, the appellant denied SEIAA and SEAC, the ability to evaluate the environmental impact and suggest methods to mitigate any environmental damage – At this stage, only remedial measures may be taken – The NGT already directed the appellant to deposit one crore and has set up an expert committee to evaluate the impact of the appellant’s project and suggest remedial measures – In view of these circumstances, the directions of the NGT are upheld and the Committee is directed to continue its evaluation of the appellant’s project so as to bring its environmental impact as close as possible to that contemplated in EC dated 02.05.2013 and also suggest the compensatory exaction to be imposed on the appellant.Interpretation of Statutes: Interpretation of Notification – In a case where the text of the provisions requires interpretation, Courts must adopt an interpretation which is in consonance with the object and purpose of the legislation or delegated legislation as a whole – EIA Notification was adopted with the intention of restricting new projects and the expansion of new projects until their environmental impact could be evaluated and understood – Environmental law |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 1312 |
Petitioner | Keystone Realtors Pvt. Ltd. |
Respondent | Shri Anil V Tharthare & Ors. |
SCR | [2019] 17 S.C.R. 539 |
Judgement Date | 2019-12-03 |
Case Number | 2435 |
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