States notifying building bye-laws: NGT seeks MoEF's reply

The National Green Tribunal has sought the Centre's response on a plea challenging the recent decision of three states to notify their amended building bye-laws in pursuance of the EIA notification.
A bench headed by NGT chairperson Justice Swatanter Kumar issued notice to Ministry of Environment and Forest (MoEF) and sought its response before June three, the next date of hearing.
MoEF, in an amendment notification published on December 9, 2016 exempted buildings and construction projects of all sizes from the process of environment impact assessment (EIA) and prior environmental clearance before beginning the construction.
For smaller projects (less than 20,000 sq metres), it had a "self-declaration" clause, which will ensure issuance of permission from urban local bodies. For larger projects of more than 20,000 sq m size, the EC and building permission will be given by urban local bodies simultaneously in an "integrated format".

The petition claimed that Maharashtra, Andhra Pradesh and the Delhi governments have already notified their amended building bye-laws in pursuance to the amended EIA notification and several others were also in process of doing it.
It alleged that MoEF "continues to receive, consider and grant concurrence" to the amended rules in the absence of any stay on the notification without any power under the Environment Protection Act, 1986.

The plea, filed through advocates Sanjay Upadhyay and Salik Shafique, said that the amended building bye-laws issued by the States in pursuance to the EIA amendment notification will create third parties' rights of several organisations involved in building and construction during the pendency of this matter.

"Therefore, directions of this tribunal not to give effect to the operations of building bye-laws exempting prior EC up to 1,50,000 sq metres as well the process of granting concurrence be suspended till the pendency of this matter is necessary," the plea said.
It has sought directions to the three states not to give effect to the operation of amended building bye-laws exempting prior EC during the pendency of the current matter.