| 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:
"The project in my opinion is a development project and according to Entry8(b) of the EIA notification 14.09.2006 (Township and Area Development Projects), Environmental Clearance is required if the project is covering an area of ≥ 50 ha and/or built-up area ≥ 1,50,000 sq. meter. The officer answered to a query that project falls in residential area of the Master Plan of Bathinda City and even if the
construction / built-up area after the development of the project by the individual owners (residential and commercial) is taken into account it is calculated to be less than 1,50,000 sq. meter. Hence, the project in my opinion does not attract the provisions of the EIA notification dated 14.09.2006. However, the Board at the time of grant of consent to operate from pollution angle to the project may impose a condition by way of abundant caution to the effect that the project proponent itself shall not exceed the construction within the project more than 20,000 sqm. In case, the project propom exceeds the limits, the project willbe covered under Item 8(a). However, the collective construction within the project will be calculated by adding the construction undertaken by the individual plot owners. In case, the collective construction within the project by individual plot owners exceeds 1,50,000 sq.m, then the project proponent shall obtain Environmental Clearance under item 8(b). Still further, if any plot owner by way of purchasing more plots and construct thereon flats or other type of construction which exceeds 20,000 sqm then the individual owner shall 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. |
