Green Vistas Infrastructure Projects vs Union Of India on 11 June, 2021
the expansion. Therefore, there cannot be any doubt that the
question as to whether environmental clearance is required
for a particular project is to be determined, having regard to
the fact as to whether the project is one existing as on the
date of the notification. A building project can be said to be
existing only if its construction has already been commenced,
for otherwise, the same would be a project in the
contemplation of the project proponent, and such a project
cannot be said to be existing. In other words, even in a case
where a building permit in terms of the applicable rules has
been obtained by the project proponent, environmental
clearance is required for the same if, the construction work of
the project has not commenced as on the date of the EIA
Notification. The said view has been taken by this court in
Kent Constructions Private Ltd. v. Corporation of Kochi,
2013 SCC Online Ker 21912.