Lok Sabha Question No. 1035 (UNSTARRED), answered on 2019-02-08
Subject: Environment Clearance for Real Estate Projects
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: C. N. JAYADEVAN

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO.1035

TO BE ANSWERED ON 08.02.2019

## Environment Clearance forReal Estate Projects

## 1035.  SHRI C.N. JAYADEVAN

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether it is a fact that theGovernment has notified exempting realestate projects with a built up area of upto50,000 square metres from theEnvironmental Impact Assessment (EIA)process and from having to obtain a priorenvironmental clearance;
- (b) if so, the details thereof and thereasons therefor; and
- (c) its likely impact on the groundwater or surface water resources andpollution check in the area?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (DR. MAHESH SHARMA)

(a) to (c) Yes Madam. The Ministry has issued a Notification vide S.O.5733 (E) dated 14 th November  2018  wherein  in  exercise  of  the  powers  conferred  by  section 23 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government has delegated the power to local bodies such as Municipalities, Development Authorities, District Panchayats as the case may be, to ensure the compliance of the environmental conditions as specified in the Appendix of the Notification in respect of building or construction projects with built-up area >20,000 sq. mtrs. to 50,000 sq. mtrs. and industrial sheds, educational institutions, hospitals and hostels for educational institutions ≥ 20,000 sq. mtrs. upto 1,50,000sq. mtrs. along with building permissionand to ensure that the conditions specified in the Appendix are complied with, before granting the occupation certificate/completion certificate.

Subsequently  vide  Notification  no.  S.O.5736  (E)  dated  15th  November  2018,  the Ministry  has  increased  the  threshold  for  obtaining  a  prior  environmental  clearance  upto 50,000 square metres built up areas for Building or Construction projects and empowered the local  bodies  such  as  Municipalities,  Development  Authorities  and  District  Panchayats,  to stipulate  environmental  conditions  while  granting  building  permission,  for  the  Building  or Construction projects with built-up area ≥ 20,000 sq. m. and <50,000 sq. m. and industrial sheds, educational institutions, hospitals and hostels for educational institutions from built-up area ≥ 20,000 sq.m. to <1,50,000 sq.m. as specified in Notification S.O. 5733(E) dated 14th November, 2018.

The  above  Notifications  have  been  issued  for  streamlining  the  permissions  for buildings  and  construction  sector  whilesimultaneously  strengthening  efforts  to  improve environment through greater objectivity and transparency as it is important to streamline the process to achieve housing for all by 2022 with the objective ofmaking available affordable housing  to  weaker  section  in  urban  areas,  while  ensuring  better  environment  compliance monitoring  through  mechanism  of  building  occupation/  completion/  use permissions  being exercised by the local bodies, which are closer to the subject matter in this particular sector.

Further,  the  Ministry  in  the  Notification  dated  14 th November,  2018  has  specified various environmental conditions, inter alia, for Topography & natural drainage; Air Quality &  Noise;  Waste  Management;  Green  cover;  Top  soil  preservation  and  re-use;  Water Conservation; Rain Water Harvesting; Ground Water Recharge; and Transport to address the issues related to impact on the ground and surface water and pollution in the area.

However,  the  operation  of  both  the  aforesaid  notifications  has  been  stayed  by  the Hon'ble High Court of Delhi in the matters of Social Action for Forest and Environment vs. Union  of  India  in  W.P.(C)  12570/2018  and  Society  for  Protection  of  Environment  & Biodiversity  (SPENBIO)  Vs.  Union  of  India  in  Writ  Petition  (Civil)  No.  12570.The notification dated 14 th November 2018 has also been stayed by the Hon'ble National Green Tribunal, Principal Bench in the matter of Shashikant VithalKamble vs. Union of India &Ors in O.A. no 1017/2018.

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