Application of General Conditions to Building and Construction projects
The recent ruling by the National Green Tribunal (NGT) in Pranjal Karera v. Union of India & Ors., Original Application No. 93/2024 (CZ), is a game-changer for environmental governance in India. The judgment mandates that all Building and Construction Projects within 5 km of ecologically sensitive zones, critically and severely polluted areas, and interstate boundaries must now be classified as 'Category A' projects and be appraised at the Central level by the sectoral Expert Appraisal Committees (EACs). This directive ensures stricter scrutiny and better environmental safeguards.
Background: The Issue at Hand
The Environment Impact Assessment (EIA) Notification, 2006, issued under the Environment (Protection) Act, 1986, categorizes projects into ‘Category A’ and ‘Category B’ based on their environmental impact.
Category A projects require environmental clearance (EC) at the Central level by sector-specific Expert Appraisal Committees (EACs), given their potential for significant environmental impact.
Category B projects are appraised at the State level by State Environmental Impact Assessment Authorities (SEIAAs) and State Expert Appraisal Committees (SEACs), unless they fall under the General Condition (GC), which escalates their assessment to the Central level.
However, a controversial amendment dated 22nd December 2014 excluded Building and Construction Projects from the application of General Conditions (GC), allowing these projects—even if located in critically polluted or eco-sensitive areas—to be appraised at the State level. This amendment weakened environmental oversight, leading to lax regulation in environmentally fragile zones.
The Kerala High Court, in W.P.(C) No. 3097/2016 (One Earth One Life v. MOEF), quashed this amendment on 6th March 2024.
The NGT has affirmed that, following the Kerala High Court ruling, the General Condition under the EIA Notification, 2006, is fully applicable to Building and Construction projects. Consequently, projects located within 5 kms in:
Protected Areas under the Wildlife (Protection) Act, 1972,
Critically and Severely Polluted Areas (CPA/SPA) identified by the Central Pollution Control Board (CPCB),
Eco-Sensitive Areas (ESAs) notified under Section 3(2) of the Environment (Protection) Act, 1986,
Interstate Boundaries
must now be classified as Category A and appraised at the Central level by sectoral EACs. This eliminates the previous practice where such projects were evaluated at the State level, often leading to regulatory leniency.
Implications of the Judgment
MoEF&CC Must Enforce Stricter Regulations – The Ministry is now legally bound to ensure that Building and Construction projects in sensitive areas are classified as Category A and appraised at the Central level.
Higher Threshold for Environmental Approvals – Real estate and infrastructure projects in CPA/SPA and eco-sensitive areas will face more rigorous environmental scrutiny, leading to greater accountability.
Enhanced Judicial and Public Oversight – The judgment reinforces the role of the judiciary in protecting environmental rights under Article 21 of the Constitution (Right to a Clean Environment).
Stronger Environmental Protection Mechanisms – The ruling ensures that projects with potentially significant ecological impacts are reviewed by expert panels rather than state bodies with limited oversight capabilities.
Conclusion
The NGT’s decision in Pranjal Karera v. Union of India & Ors. marks a pivotal moment in India’s environmental law framework. By reapplying the General Condition to Building and Construction Projects in critical areas, it strengthens environmental governance and enforces compliance with previous Supreme Court and High Court rulings. Moving forward, this judgment will serve as a benchmark for ensuring that development does not come at the cost of environmental degradation. The MoEF&CC must now implement this ruling in full spirit, ensuring that environmental clearances are granted with due diligence and robust scientific assessment.
