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Informist, Friday, Apr. 4, 2025

 

NEW DELHI – The Confederation of Real Estate Developers of India Friday urged the Supreme Court to direct central and state expert appraisal committees to expeditiously evaluate all pending applications and proposals regarding buildings and construction projects under "general conditions" for environmental clearance. The apex court will take up the real estate body's application on Apr 23, along with their main petition.

 

In August, the National Green Tribunal had directed Ministry of Environment, Forest and Climate Change to issue necessary notification to clarify the position with respect to projects covered under item 8(a) and 8(b) of the Schedule to the Environment Impact Assessment Notification 2006 and the applicability of "general conditions" to such projects. Item 8(a) and 8(b) deal with building and construction projects and townships or area development projects that require prior environmental clearance and are appraised by state level expert appraisal committees and approved by state level environment impact assessment authorities. 

 

These "general conditions" state that any project or activity specified in Category 'B' will be appraised at the central level as Category 'A', if located in whole or in part within 5 km from the boundary of protected areas, critically polluted areas, eco-sensitive areas and other related things. In its order, the tribunal had asked the government to strictly comply with either the notification and appraise the buildings and projects or make a clarification regarding "general conditions". Thereafter, through a notification in January, the government said that these "general conditions" will not apply to projects under Item 8(a) and 8(b). 

 

In February, the top court stayed the government's notification regarding applicability of general conditions. The petitioner said that as a result of the apex court order, many projects have come to a standstill, especially in Maharashtra, wherein neither the central sectoral expert appraisal committee nor the state level appraisal committee has been appraising the applications and proposals pending before them. Post issuance of the January notification, appraisals of applications were expected to commence before the state committees in light of the clarification, said the petitioner. However, after passing of the stay order, the state committees were no longer appraising the petitioner's proposals since the notification has been stayed, said the real estate body.

 

This situation has further escalated project costs, strained financial viability, and deterred future investments, said the petitioner. This in turn is simultaneously affecting housing availability and affordability--particularly for projects aimed at providing affordable housing, the petitioner added.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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