Environmental Clearance not required to be renewed subsequently: HC

The Bombay High Court has ruled that environmental clearance for construction projects does not need to be renewed or revalidated at a later stage. The court struck down an order by a municipal corporation rejecting occupancy certificate pleas for three projects. The court stated that once environmental clearance is obtained, it does not need to be renewed, although other permissions may need periodic renewal. The court also directed the municipal corporation to consider other applications for occupancy certificates without insisting on fresh or renewed environmental clearance.

MUMBAI: The Bombay high court has said that environmental clearance (EC) obtained for construction projects is not required to be renewed or revalidated at any subsequent stage. A division bench of justice Gautam Patel and justice Kamal Khata recently struck down a December 10, 2021, order issued by the Vasai Virar City Municipal Corporation (VVCMC), rejecting pleas filed by Cosmos Prime Projects Ltd for occupancy certificate for three of their projects in Virar West.

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The bench then directed VVCMC to consider the pleas for OC for the projects — Cosmos Legend, Cosmos Solitaire, and Cosmos Regency — without insisting on renewal of the EC.

Cosmos Prime Projects had moved to the high court after their applications for OC were rejected in December 2021 because the EC for the projects had not been renewed. However, the consent to operate a sewerage treatment plant / solid waste treatment plant - granted by the Maharashtra Pollution Control Board (MPCB) was renewed periodically.

The judges noted that in the Velson Developers’ case, in March 2023, another division bench had found a similar demand made by the VVCMC as untenable in law and had asked the civic body to reconsider its stand on asking for fresh EC at the time of completion of the project and issuance of the OC buildings constructed by the developer.

The civic body had agreed to consider the plea for issuance of OC without insisting on fresh environmental clearance yet insisted on having a fresh / renewed EC in other cases.

Justice Patel, therefore, recorded a specific finding that once obtained EC, is not required to be renewed at a subsequent stage of project completion, although a ‘Consent to Operate’ from MPCB may require to be renewed periodically. “Once that is done, the VVCMC, or any other civic body, cannot insist on a ‘renewal’ of the Environmental Clearance,” said the bench.

“This is also logical because an EC is granted on the project proposal at its inception or proposal stage in cases where it is mandated. There is no concept of a constant cycle of Environmental Clearances,” the bench added.

It clarified that adherence to the stipulated norms or conditions laid down at the time of grant of environmental clearance is ensured by periodic renewals of the ‘Consent to Operate’ and MPCB permission is required for the operationalising of the MSW/STP etc.

The bench on Tuesday also directed VVCMC to similarly consider applications filed by Shree Swastick Builder, Sunshine Developers, Ace Property Developers, and Kailas Developers for OC without insisting on a fresh or renewed EC.