National Green Tribunal To Examine Whether Construction Of Underground Parking Would Be Covered In Mining Activity?

In an application filed to quash Regulation 37 of the Development Control and Promotion Regulations for Greater Mumbai, which allegedly permits the construction of “unlimited basements”in Mumbai, the National Green Tribunal has decided to examine whether the construction of underground parking would be considered part of mining activity. The Tribunal will also decide whether construction of parking in the basement would require prior Environmental Clearance under 1 of the Schedule of the EIA Notification, 2006, which relates to minor minerals. The bench of Justice Dinesh Kumar Singh and Dr.Vijay Kulkarni said, “The main emphasis has been given by the Applicant that this kind of excavation, which is involved in construction of 2 or 3 or even further deeper storied car parking, is resulting the huge excavation of soil.” Therefore, the judgment of the Apex Court in Deepak Kumar's case would come into play, which states that the extraction in the “blocks of less than 5 hectares, separated by 1 kilometer” will necessitate a proper environmental assessment plan due to the collective impact, the bench added. The Tribunal observed that, “.this matter requires us to decide as to whether the construction of underground parking would be covered in the mining activity, as it involves excavation of soil and gravel etc.