The document discusses environmental approval requirements for construction and real estate projects in India. It outlines several key acts that govern air, water, and environmental pollution - including the Air Pollution Act, Water Pollution Act, and Environment Protection Act. It also discusses the Indian Forest Act. Environmental Impact Assessments are mandatory for certain large projects. Approvals are required from various authorities at different stages of a project, from planning to completion. Case studies discuss issues with specific projects, like Supertech's Emerald Court project in Noida that violated zoning laws and setback requirements.

1. Environmental approvals for
construction / real estate
project in India
SUBMITTED BY:-
V. VINAY RAVI KUMAR (A13559016060)
S. JYOTHISH KUMAR (A13559016065)
B. LAKSHMI GANAPATHI (A13559016097)
AKHIL GEORGE (A13559016141)
P. SAI SITARAM (A13559016122)

2. Air pollution act ( 1981)
 Undertake control measures for emissions from
material handling, conveying and screening
operations through water sprinkling, curtains,
barriers and dust suppression units.
 Ensure carriage of construction material in
closed/covered vessels
 Declare air pollution control areas
 Standards for emission from industries
 Restrictions on use of certain industrial plants
 Inspection power
 Take samples of emission and procedure to be
followed
http://pib.nic.in/newsite/PrintRelease.aspx?relid=134044

3. Water Pollution Act(1988)
 Study of existing ground and surface water
resources with respect to quantity and quality
within the impact zone.
 Prediction of impacts on water resources
 Quantification and characterisation of waste
water
 Evaluation of the proposed pollution
prevention and wastewater treatment system
 Assessment of the feasibility of water
recycling and reuse
https://www.gwp.org/globalassets/global/toolbox/publications/perspective-
papers/perspective_paper_landuse_and_groundwater_no6_english.pdf

4. THE ENVIRONMENT (PROTECTION) ACT, 1986
• This act is to provide for the protection and
improvement of the environment and matters
connected.
• This law covers the context of all water, air and land
masses and their existing inter relationship
• Penalty for contravention of the provisions of the act –
imprisonment up to 5 years or with fine up to one lakh
rupees.
• If the failure or contravention referred above continues
beyond a period of one year after the date of
conviction, then imprisonment up to 7 years
http://envfor.nic.in/legis/env/env1.html

5. Indian Forest Act(1980)
 Change in land usage from forest land requires
central government approval.
 Forest land may be used for approved purposes
and not for others.
 Any person contravening any rule, imprisonment
for a term which may extend to one month, or fine
up to five hundred rupees, or both.
 Plantation should be done within government land
or private persons
http://www.moef.nic.in/assets/fc-18012013.pdf

6. Environmental Impact Assessment
 Assesses the actual and potential environmental consequences of a project, before the
project is approved.
 Minimising the environmental impacts of their proposed project.
 The environmental clearance will be issued to all building constructions covering a built-
up area between 20,000 to 1,50,000 sq. mts
 The qualified building environment auditors should be accredited by the ministry of
environment, forest and climate change
 After completion of the project, the environmental cell shall randomly check the projects
compliance status including the five years' audit report.
https://www.gdrc.org/sustdev/concepts/08-eia.html

7. Environmental Approvals
CONSTRUCTION
PROJECT
Before the
Start of
Building
Construction
During
Building
Construction
On Building
Completion

8. Environmental Approvals
Approvals required before
Start of Building Construction
Change of Land Use (CLU)
DDA
Noida
Development
Authority
Pollution
Control Board
State
Pollution
Control
Boards
Environmental
and Forest
Clearance
Ministry of
Environment
and Forest
(MOE&F) after
EIA
Water &
sewerage
State water &
sewerage
Controlling
Authority

9. Environmental Approvals
Building Approvals required
During Construction
Approval
from Forest
Department
District Forest
Officer
Approval
from mining
department-
Mining
Department/local
bodies
Approval for
ground
water
extraction/
bore well-
Central/State
Ground Water
Board
Pollution
Control
Board
installation and
commissioning of
concrete batching
plant at site

10. Environmental Approvals
Building approvals
required On Completion
Water and
sewerage
connection
State water and
sewerage
Authority
Sewerage
Treatment Plant
(STP)
State Pollution
Board

11. Environmental Approvals
B2-Project equal to
or greater than
20,000 sq. metres
and less than
150,000 sq. metres.
Projects below
covered Built Up
Area less than
20,000 sq. metres
B1-Townships and area
development projects
equal to or over 50 Ha
or construction
projects with built up
area over or equal to
150000 sq metres

12. EIA has now been made mandatory under the environmental protection act, 1986
for 29 categories of developmental activities involving investments of Rs. 50 crores
and above.
Environmental Approvals :

13.  ENVIRONMENT CLEARANCE IS REQUIRED FROM MINISTRY OF
ENVIRONMENT AND FORESTS for all building / construction projects
having built up area more than 20000 square meters and area
development projects/ townships covering an area more than 50 hectare
or built up area more than 1, 50,000 square meters.
Various Environmental Approvals

14. Cost for failure
Environment Protection Act and National Green
Tribunal Act.
Any breach of the rules under the Environment Protection
Act is punishable with imprisonment up to five years, or a
fine up to 5 years or INR100,000, or both.
However, amounts imposed by courts are now significantly
higher already. Under the National Green Tribunal Act 2010,
National Green Tribunals have the power to order:
 Relief and compensation to the victims of pollution.
 Restitution of damaged property.
 Restitution of the environment.
Prohibited activities
The waste rules make it mandatory to obtain a prior consent
or authorisation from the State Pollution Control Board (in
most cases) or Central Pollution Control Board (for example
for the producer under the E-Waste Rules).

15. Specific permits, consents or authorisations must be obtained by various parties generating or handling
waste, under the following key waste-management laws:
• Solid Waste Management Rules 2016.
• Plastic Waste Management Rules 2016.
• E-Waste (Management) Rules 2016.
• Bio-Medical Waste Management Rules 2016.
• Construction and Demolition Waste Management Rules 2016.
• Hazardous and Other Waste (Management and Transboundary Movement) Rules 2016.
The Central Pollution Control Board recently published Guidelines on Implementing Liability for
Environmental Damage due to Handling and Disposal of Hazardous Waste and Penalties. This contains an
overview of indicative liability costs for site assessment and remediation, with costs of:
• 20Lakh to 1.5 crores for site assessments caused by landfill breaches and release of hazardous waste into
the environment.
• 3.5 crores for dumping hazardous waste on open ground.
• Remediation costs between 1 crore and 25 crores.
Cost for Non-Compliance

16. Case study: Supertech’s emerald court Noida
 About the project:
• Supertech’s emerald court Noida is a
contemporary residential project of supertech
limited.
• The residential arena is set amidst 17.29 acres
(70000 sq. Meters) at sector – 93, noida.
• It comprises of 17 towers and out of which 2
towers (the ones disputed now) were to be super
luxurious with features such as central air-
conditioning.
http://www.supertechlimited.com/residential/emerald-court-expressway-noida/index.asp

17. What was the dispute all about?
 Originally 15 towers of 11 storeys each was supposed to be constructed as part of the emerald
court project.
 Only in the year 2009, a revised plan, including Apex and Ceyane, was submitted to the Noida
authority by purchasing additional floor area ratio.
 The two towers Ceyane and Apex were in advance stages of construction when the supreme
court verdict was announced.
 More than 21 floors in Apex and 17 in Ceyane had been casted by that time.
 Both these towers were supposed to be of 40 floors each.
https://propstory.com/the-supertech-verdict-case-study/

18.  In all about 857 apartments were planned and 600 of them were already sold when the
court ruled in the favor of the RWA.
 Approvals granted in 2009 for these 2 towers These were for 24 floors and not 40 floors
 A setback of 16 meters is to be maintained between two adjoining buildings in Noida
 Violation of UP apartments act of 2010 – any change in plans was to take place only
after obtaining no objection certificate from 60% of existing buyers.
 No such NOCs were obtained even though the company had gone ahead and enhanced
the area in the new towers
https://propstory.com/the-supertech-verdict-case-study/
Case study: Supertech’s emerald court Noida

19. • . As of know MOEF invited objection notifications whereas buffer radius around bird
sanctuary has been reduced to 100mts from 10km proposed by NGT has ordered.
• Even if the radius is increases to 200mts, this project would be effected
• While constructing buildings, it is important to ensure that you do not violate the ministry
of environment and forests or national green tribunal norms on dust emissions. If these
norms are violated, the relevant authorities may order that the construction activities be
stopped. If the developers do not obey the order, the violation would lead to seizure of
buildings and the matter might be escalated to the NGT.
Case study 2: Supertech Supernova Spira
https://www.proptiger.com/guide/post/why-national-green-tribunal-has-stopped-construction-activity-in-noida-
extension

20. Case study 2: Supertech Supernova Spira
• On april 9, the NGT ordered that construction activity be
stopped on either side of the road along the noida
extension and golf course, gurgaon.
• This violates the norms stipulated by the environment
ministry’s environment impact assessment guidance manual
for buildings, construction, townships and area development
projects.
• During the construction of the project, the total water
requirement is about 1,40,00,000 litres, which would be met
by digging bore wells within the vicinity of the project.
• The petitioner said that as per the report, 580 trees with a
girth of over 30 cm and 478 shrubs would be affected by the
project.
https://economictimes.indiatimes.com/news/politics-and-nation/ngt-notice-to-moef-on-noida-greater-noida-metro-
line/articleshow/49539888.cms

21. THANK YOU