Environmental Clearance Now Mandatory for Major Township and Construction Projects in Chandigarh

CHANDIGARH: Environmental clearance will now be mandatory for all township and area development projects in Chandigarh that cover an area exceeding 50 hectares or have a built-up area of over 1,50,000 square metres.

Likewise, any building or construction project with a built-up area ranging between 20,000 square metres and more than 1,50,000 square metres must also obtain prior environmental clearance. This directive follows the latest notification issued by the Union Territory’s Department of Environment.

The notification aligns with the directives issued by the National Green Tribunal (NGT), which in its order dated August 5, 2024, instructed the Ministry of Environment, Forest and Climate Change (MoEFCC) to strictly implement the provisions outlined in the notification dated September 14, 2006, listed under Category 8 in the general conditions note.

The NGT mandated that the MoEFCC must evaluate all building and construction projects that are wholly or partially situated within a 5-kilometre radius of protected areas declared under the Wildlife (Protection) Act, 1972, as well as those falling within critically or severely polluted zones as identified by the Central Pollution Control Board (CPCB), eco-sensitive zones notified under Section 3(2) of the Environment (Protection) Act, and any projects located along inter-state boundaries. These projects are to be classified as Category A and appraised at the central level by the Sectoral Expert Appraisal Committee.

Furthermore, the MoEFCC has been directed to either strictly adhere to the existing notification or issue a fresh clarification via a new notification.

A copy of the NGT’s directive has already been forwarded to the Ministry for necessary action, whether in the form of compliance or clarification in line with the Environmental Impact Assessment (EIA) Notification of 2006.

The UT’s environment department stated, “In compliance with the court’s directions, the General Condition shall apply to all building and construction projects classified under category 8(a) and 8(b) of the schedule attached to the EIA Notification, 2006.

Projects located wholly or partially within 5 kilometres of protected areas under the Wildlife (Protection) Act, 1972, those in critically and severely polluted zones identified by the CPCB, eco-sensitive areas notified under Section 3(2) of the Environment (Protection) Act, and projects situated on inter-state boundaries shall be treated as Category A.

Such projects will be evaluated at the central level by the Sectoral Expert Appraisal Committee, unless the Ministry issues a further clarifying notification.”

Project proponents who require environmental clearance for their developments have been instructed to submit their proposals through the designated authority, adhering strictly to the recent directives issued by the Supreme Court of India.