BMC cannot give green nod for constructions

Realty Quarter Bureau - December 31, 2018

Mumbai

For the second time in two years, the Center’s attempts to empower Brihanmumbai Municipal Corporation and other local planning authorities to grant environment clearance for construction projects has been struck down.

On December 27, environment secretary Anil Diggikar issued a circular stating that the Delhi High Court in November and the National Green Tribunal (NGT) on December 3 had stayed the Union ministry of environment, forests and climate change’s notification allowing local planning authorities to issue environment clearances.

“We will now revert to the old process of the state-appointed Environment Impact Assessment Authority granting environment clearance for projects,” said Diggikar, adding this will be done with immediate effect.

It was in December 2016 that the ministry first issued a notification allowing local planning authorities to set up a cell comprising experts to scrutinize construction proposals and ascertain or not whether they comply with air quality management, energy efficiency, renewable energy and resource efficiency, including building material.

This was followed by a notification in April 2017 by the state government, which as part of its ease of doing business initiative, allowed local bodies to grant environment clearance for projects where the built-up area was between 20,000 sq metres and 50,000 sq metres.

Those between 5,000 sq metres and 20,000 sq metres could carry out self-certification, while those below 5,000 sq metres would not require environment clearance, said the notification.

However, in December 2017, the NGT struck down the Centre’s notification stating that it was an attempt to circumvent environmental safeguards. It ordered the ministry to re-examine the notification and take appropriate steps to “delete, amend and rectify clauses”.

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