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4. A counter-affidavit dated 10.11.2021 has been filed on behalf of the Respondent No.3, Bhubaneswar Development Authority, wherein it is stated that the first permission was granted in favour of the Sikhya 'O' Anusandhan University for a built-up area of 5,17,582 square feet (48,084.94 square meters). In 2008, the Bhubaneswar Development Authority formulated a scheme of regularization for unauthorized/deviated constructions within the Bhubaneswar Development Authority Plan Area notified in the Gazette (Extra Ordinary) on 31.12.2008. Accordingly, a total built- up area of 6,90,582 square feet (64,157.17 square meters) was approved regularizing 1,72,800 square feet (16,053.6 square meters) of deviated area on payment of Rs. 88,37,450/- (Rupees Eighty Eight Lakhs Thirty Seven Thousand Four Hundred Fifty only) as compounding fee vide permission letter dated 12.08.2010. It is emphatically stated in the affidavit that when the permission was first granted in favour of the Sikhsha 'O' Anusandhan University, the Ministry of Environment, Forest and Climate Change Notification dated 22.12.2014 was not in force. It is also stated that since the additional area of 1,72,800 square feet (16,053.6 square meters) was less than 20,000 square meters, Environmental Clearance was neither required nor insisted upon by the Bhubaneswar Development Authority at the time of granting regularization approval. On behalf of the Bhubaneswar Development Authority, it is further stated that the Síksha O' Anusandhan University submitted an application on 05.01.2019 for regularization of deviated unauthorized construction undertaken in respect of the Plot Nos. F-1, F-2, F-3, C-1, C-2, C-3, C-4 & C-5 over an area of 19.714 decimal in Mouza-Ghatikia which was regularized by the Bhubaneswar Development Authority on a realization payment of Rs. 6,33,28,680/- (Rupees Six Crores Thirty Three Lakhs Twenty Eight Thousand Six Hundred Eighty) vide its letter dated 16.11.2019. It is also stated that since the total built-up area as regularized by the Bhubaneswar Development Authority is less than 1,50,000 square meters, Environmental Clearance was not insisted upon in view of the Ministry of Environment, Forest and Climate Change Notification dated 22.12.2014.

16. We may refer to the Ministry of Environment, Forest and Climate Change Notification dated 22.12.2014 whereby amendments were introduced in the EIA Notification of 2006 by adding sub-items 8 (a) and 8 (b) in the entries therein which read as under:-

17. A perusal of this Notification dated 22.12.2014 would show that for building and construction projects the built-up area for purposes of requirement of Environmental Clearance would be where the area is more than 20,000 square meters and less than 1,50,000 square meters but the 'Note-1' thereof provides that the projects or activities shall not include industrial shed, school, college, hostel for educational institution, but such buildings shall ensure sustainable environmental management, solid and liquid waste management, rain water harvesting and may use recycled materials such as fly ash bricks.

18. The Ministry of Environment, Forest and Climate Change thereafter has issued a further Office Memorandum dated 09.06.2015 which has clarified the previous Ministry of Environment Forest and Climate Change Gazette Notification dated 22.12.2014 and which reads as under:-

"The Ministry is in receipt of representation from various educational institutions regarding issuing clarification on status of universities, and other educational institutions. The matter has been further examined in the Ministry and it is clarified that the Notification No. S.O. 3252 (E) dated 22.12.2014 provides exemption to buildings of educational institutions including universities form obtaining prior Environment Clearance under the provisions of the EIA Notification, 2006 subject to sustainable environmental management. In case of medical universities/institutes the component of Hospitals will continue to require prior Environment Clearance."

19. A perusal of this Notification of 09.06.2015 shows that the Ministry of Environment, Forest and Climate Change has provided for exemption of buildings of educational institutions including universities from obtaining prior Environmental Clearance under the provisions of the EIA Notification 2006 subject to sustainable environmental management which was provided in the MoEF&CC Notification dated 22.12.2014 but the Notification of 09.06.2015 further mentions that 'in case of medical universities/institutes the component of Hospitals will continue to require prior Environmental Clearance.'