VidhiSangh

Supreme Court of India · 03/12/2019

KEYSTONE REALTORS PVT. LTD. versus SHRI ANIL V THARTHARE & ORS.

[2019] 17 S.C.R. 539 · 2019 INSC 1312

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Summary

The Court upheld the NGT’s directions concerning an expanded residential project undertaken without the prescribed environmental appraisal. Under the notification as applicable, expansion beyond the capacity covered by an existing clearance required the paragraph 7(ii) process even within the Schedule’s upper threshold. A purported amendment without updated application and expert review was insufficient. Because construction was complete, the expert committee was to assess remedial measures and compensatory exaction; the Rs 1 crore deposit direction stood.

Issues

  1. Whether expansion within the Schedule’s upper threshold required fresh appraisal beyond the capacity already cleared.
  2. Whether the amended clearance and NGT’s remedial directions could stand.

Provisions considered

Held

Result

Appeal dismissed; no order as to costs. NGT’s Rs 1 crore deposit and expert-committee directions upheld. Committee to continue evaluating measures bringing impact as close as possible to the original clearance and suggest compensatory exaction. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 539.