NGT has no power to decide on real estate project exemption: Environment ministry

NEW DELHI: Union environment ministry has questioned the jurisdiction of the National Green Tribunal (NGT) to take a decision on the Centre's recent notification which exempted bigger building projects from the time-consuming 'prior' green clearance and brought smaller ones within the ambit of 'environmental conditions' through easy 'self declaration' procedures.

In its affidavit filed before the NGT last week, the ministry noted that the tribunal has "no jurisdiction to test the validity of a subordinate legislation" issued by the Centre in exercise of its powers enshrined under existing Act.

The affidavit was filed in response to a plea of the Society for Protection of Environment and Biodiversity which sought quashing of the December 9 notification on the grounds that it was in contravention to the provisions of the Environment Impact Assessment (EIA), 2006 and the and Environment Protection Act, 1986.

The ministry in its affidavit referred to a recent Bombay high court judgement while challenging the jurisdiction of the tribunal. It also argued that through the notification it has attempted to decentralise the clearance process and integrate the environmental conditions in building permissions.

"World over, this responsibility of granting building permission and incorporating and enforcing environmental concerns in these projects during construction and post-construction is being done by the local authorities. The ministry has taken note of the apprehensions regarding present lack of capacity in local authorities for undertaking such task, and built in corrective measures to take into account the fact that local authorities are best placed and suited to undertake this task most effectively," the ministry said.

Environmental lawyer Sanjay Upadhyay, however, said, "In my view, the NGT does have the jurisdiction although a limited one. The NGT has passed a detailed judgement on the subject (earlier) which has not been overturned by the Supreme Cour".

NGT will hear the matter on February 2. Seeking to simplify environmental clearance processes for building projects, the ministry has made changes in the EIA rules which now integrate environmental condition in building bye-laws to fast-track permissions.

Source: ET Realty