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EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
752 GI/2025
(1)
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 29th January, 2025
S.O. 523(E).⸺ WHEREAS the Government of India in the erstwhile Ministry of
Environment and Forests vide its notification number S.O.60(E) dated the 27th January, 1994 imposed
certain restrictions and prohibitions and requiring 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 Supreme Court of India 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 requiring 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AND WHEREAS subsequently the Central Government superseded the said notification, vide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),
inter alia, 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 the 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 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
ground 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 the 9th August, 2024, in Original Application No. 93 of 2024, inter alia, 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 clarifying the issues 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;
AND WHEREAS a draft notification for making amendments in the said notification was
published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.
4844(E), dated the 7th November, 2024, inviting objections and suggestions from all the persons likely to be
affected thereby, within a period of sixty days from the date on which copies of the Gazette containing the
said draft notification were made available to the Public;
AND WHEREAS copies of the said notification were made available to the public on the 7th
November, 2024;
AND WHEREAS the objections and suggestions received in response to the said notification
within the period of sixty days have been duly considered by the Central Government;
NOW, THEREFORE, in exercise of 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
the entries shall be substituted, namely:⸺
| Project or Activity | | Category with threshold limit | | Conditions if any |
|---|---|---|---|---|
| | | A | B | |
| (1) | (2) | (3) | (4) | (5) |
| “8 | Building or Construction projects or Area Development Projects and Townships | | | |
| 8(a) | Building and Construction projects | | ≥ 20,000 sq.m. and < 1,50,000 sq. m. of built up area | The term “built up area” for the purpose of this notification is defined as the built up or 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 Area Development Projects | Covering an area ≥ 50 ha and/or built up area ≥ 1,50,000 sq. m. | A project of Township and Area Development Projects covered under this item shall require an Environment Impact Assessment report and be appraised as Category „B1‟ Project. Note. ⸺ General Conditions shall not apply.”. |
[F.No. IA3-3/46/2024-IA. III]
RAJAT AGARWAL, Jt. 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.
and Published by the Controller of Publications, Delhi-110054.
SARVESH KUMAR
SRIVASTAVA
KUMAR SRIVASTAVA
Date: 2025.01.30 21:56:54
+05'30'
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