| File Note: |
It is submitted that, after receipt of the legal opinion from the Senior Law Officer (SLO) of the Board and upon consideration of the Hon’ble Supreme Court judgment dated September 2025 regarding the built-up area of certain projects, as conveyed by the Regional Office, Bathinda, in the matter of Ananda City (copy attached), it has been clarified that the project falls under the category of a development project. The same is reproduced as under:
1. As per Entry 8(b) of the EIA Notification dated 14.09.2006 (Township and Area Development Projects), Environmental Clearance (EC) is required only if the project covers an area of ≥ 50 hectares and/or has a built-up area of ≥ 1,50,000 sq. metres.
2. The construction/built-up area after development of the project by individual owners (residential and commercial) is required to be taken into account. In the present case, the total calculated built-up area is less than 1,50,000 sq. metres. Accordingly, as per the legal opinion, the project does not attract the provisions of the EIA Notification dated 14.09.2006.
3. However, at the time of grant of Consent to Establish/Operate from a pollution control perspective, the Board may, as a measure of abundant caution, impose a condition stipulating that the project proponent shall not undertake construction exceeding 20,000 sq. metres within the project. In the event that the project proponent exceeds this limit, the project shall fall under Item 8(a) of the EIA Notification.
4. Further, the collective construction within the project shall be computed by aggregating the construction undertaken by individual plot owners. If the cumulative construction by individual plot owners exceeds 1,50,000 sq. metres, the project proponent shall be required to obtain Environmental Clearance under Item 8(b). Additionally, if any individual plot owner, by purchasing multiple plots, undertakes construction of flats or any other structure exceeding 20,000 sq. metres, such individual owner shall be required to obtain Environmental Clearance under Item 8(a) from the competent authority.
Subsequently, the project proponent of Imperial Greens has applied for extension of Consent to Establish for the development of a residential colony over an area of 35.15 acres, comprising 303 residential plots, one clubhouse, one mandir, and one school. The individual built-up area of the residential plots, clubhouse, mandir, and school is below 20,000 sq. metres, and the cumulative built-up area of the entire colony is less than 1,50,000 sq. metres. Therefore, the project does not fall under the purview of the EIA Notification, 2006.
If approved, it is therefore recommended that the extension of Consent to Establish be granted to the project proponent, subject to a special condition that the cumulative construction by individual plot owners shall not exceed 1,50,000 sq. metres; failing which, the project proponent shall be required to obtain Environmental Clearance under Item 8(b) of the EIA Notification. Further, if any individual plot owner, by purchasing multiple plots, undertakes construction of flats or any other structure exceeding 20,000 sq. metres, such individual plot owner shall be required to obtain Environmental Clearance under Item 8(a) from the competent authority. |
