E-Paper
SC relief from any coercive step against realty projects in Pune
The concept of built-up area came in the limelight after the order of the National Green Tribunal and later the Supreme Court on August 10, 2018, in the case of Goel Ganga Developers India Pvt Ltd
The Supreme Court on Friday ordered a restrain on any coercive step against realty projects over the issue of interpretation of built-up area in the wake of its August 10, 2018, Goel Ganga India Pvt Ltd case.
The concept of built-up area came in the limelight after the order of the National Green Tribunal and later the Supreme Court on August 10, 2018, in the case of Goel Ganga Developers India Pvt Ltd. The developers construed built-up area stipulated in the Environmental Impact Assessment dated September 14, 2016, as all covered area as both FSI (floor space index) and non-FSI areas. Due to this order, at least 5,000 projects all over the country were termed as projects under violation.
The Friday order will protect all major realty projects which came up in Pune and Pimpri-Chinchwad between 2006 and 2011, for which environmental clearances were granted on the basis of built-up area as defined in the sanctioned Development Control Regulations. The 2006 notification did not specify the built-up area and as per prevailing practice, the activity area was excluded by all the project proponents.
A division bench consisting of Justice T Bhanumathi and Justice AS Bopanna while hearing a special leave petition filed by Confederation of Real Estate Developers Association of India (Credai) Pune Metro representing all the major developers in Pune and Pimpri-Chinchwad seeking protection against any coercive action due to restrictive interpretation of built-up area for the project as per DC rules, granted the respite.
