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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-08112024-258531
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 4463]
NEW DELHI, THURSDAY, NOVEMBER 7, 2024/KARTIKA 16, 1946
7221 GI/2024
(1)
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 7th November, 2024
S.O. 4844(E).—WHEREAS, the Central Government proposes to issue following draft notification in
exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment
(Protection) Act, 1986 (29 of 1986) and accordingly, the same is hereby published, as required under sub-rule (3) of
rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and
notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a
period of sixty days from the date on which copies of the Gazette containing this notification are made available to the
Public;
Any person interested in making any objections or suggestions on the proposal contained in the draft
notification may forward the same in writing for consideration of the Central Government within the period so
specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh
Road, Aliganj, New Delhi-110 003, or send it at the e-mail address: [email protected].
Draft Notification
WHEREAS, the Government of India in the erstwhile Ministry of Environment and Forest vide its
notification number S.O.60(E) dated the 27th January, 1994 imposed certain restrictions and prohibitions and
requirement of prior environmental clearance for undertaking any new project in any part of India or the expansion or
modernisation of any existing industry or project covered in the notification;
AND WHEREAS, the Hon'ble Supreme Court in its order dated the 12th December 2003 in WP (C) No. 725
of 1994 and WP (C) No. 4677 of 1985 in the matter of news item published in Hindustan Times titled "And Quiet
Flows the Maily Yamuna" Vs Central Pollution Control Board and Others observed that building construction causes
damage to the environment and, therefore, such construction projects may be considered to be brought within the
purview of the said notification of 1994, hence, the said notification was amended vide number S.O 801(E), dated the
7th July, 2004 bringing within its purview certain categories of building and construction projects and required prior
environmental clearance;
AND WHEREAS, subsequently the Central Government superseded the said notification, vide number S.O.
1533(E), dated the 14th September, 2006 (hereinafter referred to as the EIA Notification), interalia, imposing certain
restrictions and prohibitions on building and construction projects and township and area development projects
covered under item 8 (a) and (b) of the Schedule thereof and required prior environment clearance for undertaking any
such activities;
AND WHEREAS, the Central Government under sub-rule (3) of rule 5 of the Environment (Protection)
Rules, 1986, subsequently published a draft notification on 11th September, 2014, inviting suggestions and objections
of all concerned to the amendment in the Schedule of the EIA Notification in respect of items 8 (a) and (b) and the
entries relating thereto and after considering and incorporating all the suggestions and objections received in respect of
the draft notification, made the final notification vide number S.O.3252(E) dated the 22nd December, 2014;
AND WHEREAS, it is evident from the comparison of the draft notification dated 11th September, 2014 and
22nd December, 2014 that the projects or activities covered under item 8(a) of the Schedule continue to be covered
under item 8(a) of the Schedule of the final notification except that industrial sheds, schools, colleges, hostel for
educational institutions are not included under the scope of the EIA notification, subject to the condition that 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, thus, the projects or activities which were included
within the ambit of the draft notification continue to be included in the final notification except for hostels for
educational institutions and industrial sheds, and the amendments related to non-applicability of general conditions
and the definition of built up area continue to exist with minor modification and the categorisation of townships and
area development projects as category 'B1' under item 8(b) and the provision related to non-applicability of General
Conditions for such projects continued to remain unchanged in both the draft notification and final notification;
AND WHEREAS, in the final notification, it was inadvertently stated that no objections or suggestions were
received on the draft notification;
AND WHEREAS, an attempt was made to rectify the aforementioned inadvertent error by proposing an
amendment in the final notification but could not be done;
AND WHEREAS, the High Court of Kerala, Ernakulam, vide its order dated the 6th March, 2024, in the
matter of WP (C) No. 3097 of 2016 titled One Earth One Life vs. the Ministry of Environment, Forest and Climate
Change and Anr., quashed and set aside the notification dated the 22nd December, 2014 on the grounds that the final
notification was different from the draft notification while granting liberty to the Ministry to issue a fresh notification,
in accordance with the law;
AND WHEREAS, in the light of judgement of Kerala High Court, the National Green Tribunal, vide order
dated 9th August, 2024, in Original Application No. 93 of 2024, interalia, directed the Ministry of Environment,
Forest and Climate Change to either comply with the provisions related to the applicability of General Conditions in
respect of items 8 (a) and (b) of the Schedule to the EIA notification or to issue a clarificatory notification in this
regard;
AND WHEREAS, in view of the judgment of the Kerala High Court and the order of the National Green
Tribunal, there is an urgent need to issue a fresh notification for adhering to the judgement of the Supreme Court dated
the 12th December 2003 regarding applicability of prior Environmental Clearance for various building construction
projects;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2)
of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of the
Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in
the notification of the Government of India in the erstwhile Ministry of Environment and Forests, number
S.O.1533(E), dated the 14th September, 2006, namely: -
In the said notification, in the Schedule, for item 8 and the entries relating thereto, the following item and entries shall
be substituted namely:-
+-----+--------------------------+------------------------------------------------+----------------------------------------------------+
| | Project or Activity | Category with threshold limit | Conditions if any |
| (1) | (2) | A | (5) |
| | | (3) | |
| | | B | |
| | | (4) | |
+=====+==========================+================================================+====================================================+
| "8 | Building and | Building or Construction projects or Area Development Projects and Townships |
| 8(a) | Construction | ≥ 20,000 sq.m. and | The term “built up area" for the purpose of |
| | projects | < 1,50,000 sq. m. | this notification is defined as the built up or |
| | | of built up area | covered area on all floors put together, |
| | | | including its basement and other service |
| | | | areas, which are proposed in the building or |
| | | | construction projects. |
| | | | Note 1.- 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. |
| | | | Note 2.- General Conditions shall not apply. |
+-----+--------------------------+------------------------------------------------+----------------------------------------------------+
| 8 (b) | Townships and | Covering an area > | A project of Township and Area |
| | Area | 50 ha and/or built | Development Projects covered under this item |
| | Development | up area ≥ 1,50,000 | shall require an Environment Impact |
| | Projects | sq. m. | Assessment report and be appraised as |
| | | | Category 'B1' Project. |
| | | | Note. - General Conditions shall not apply". |
+-----+--------------------------+----------------------------------------------------+----------------------------------------------------+
[F. No. IA3-3/46/2024-IA. III]
Dr. AMANDEEP GARG, Addl. Secy.
Note.- The principal notification was published in the Gazette of India, vide number S.O. 1533(E), dated the
14th September, 2006 and was last amended vide the notification number S.O. 2215(E) dated 7th June, 2024.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA NATH
YADAVA
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