Builder Can't Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law : Supreme Court
Live LawIn a recent judgment, the Supreme Court validated the pre-existing construction made by a Project Proponent, based on the Environmental Clearance obtained as per the legal framework that existed at the relevant time, invoking the principle of legitimate expectation. Moreover, the order of the NGT quashing certain portions of the 2016 notification did not nullify the EC already granted under the original 2016 notification. However, placing reliance on the judgment rendered in Goan Real Estate and Constructions Ltd. v. Union of India 5 SCC 388, the NGT decided to protect the construction already raised by the Appellant and directed it to obtain valid EC for completing the rest of the project. Commenting that a Project Proponent cannot be expected to act gauging the future changes in the environmental regime, it observed - "A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures. Endorsing the order of the NGT the Court held that the already constructed four buildings would be treated as valid, however for future construction in the sanctioned layout, the Appellant ought to obtain a fresh EC from the competent authority as per the current regime.
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NGT Quashes Centre’s Notification Diluting Provisions Of Environmental Clearance For Construction Activities [Read Judgment]
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NGT Quashes Centre’s Notification Diluting Provisions Of Environmental Clearance For Construction Activities [Read Judgment]
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