Tanaji Balasaheb Gambhiretanaji ... vs Union Of India Through Secretary Moef on 26 September, 2023
In Writ Petition NO.
1916 of 2012 (Varchman Developers Limited Vs. Union of
India & Ors.) and Writ Petition NO. 2809 of 2012 (Nahur
Vivekanad Cooperative Housing Society Ltd & Anr. Vs.
Union of India & Ors.) We have rejected a similar
contention urged on behalf of the respondent authorities
that when the project proponent cannot undertake
construction project for more than 20,000 sq. mtrs. of built
up area without obtaining prior environmental clearance,
the project proponent cannot be allowed to commence the
construction within the limits of 20,000 sq. meters,
without obtaining prior environmental clearance. This
court has held that when clearances are required only for
projects with built up area exceeding 20,000 sq. meters,
redevelopment projects for residential buildings should
not be unnecessarily delayed even to the extent of
construction up to 20,000 sq. meters when the developer
is ready to give undertaking not to exceed the construction
beyond 20,000 sq. meters without first obtaining
environmental clearance. This court has noted that the
Authorities take considerable time for taking a decision on
the application for environmental clearance or for CRZ
clearance. In the meantime the redevelopment projects
are being delayed. This court has been granting relief in
such cases on the basis that even if ultimately the
authorities were to reject the applications for clearance,
there will be no illegality in so far as the developer has
made construction upto 20,000 sq. meters,"