VidhiSangh

Supreme Court of India · 11/09/2019

M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. versus UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FORESTS & ORS.CE F G H (I.A. NO.64665 OF 2019) IN

[2019] 12 S.C.R. 220 · 2019 INSC 1018

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A developer sought reconsideration of the interpretation of built-up area in the 2006 EIA notification, relying on observations in the three-judge NOIDA Park decision. The Court distinguished that case’s questions about open-to-sky activity areas and project classification. It held that those observations did not undermine the inclusion of all covered construction, including municipal non-FSI areas, in built-up area for environmental clearance. The application was dismissed.

Issues

  1. Whether NOIDA Park required reconsideration of the inclusion of all covered construction in built-up area.

Held

Result

The interlocutory application was dismissed, leaving the interpretation adopted in the judgment dated 10 August 2018 undisturbed.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 220.