VidhiSangh

Supreme Court of India · 12/09/2025

CONFEDERATION OF REAL ESTATE DEVELOPERS ASSOCIATION OF INDIA (CREDAI) versus UNION OF INDIA & OTHERS

[2025] 10 S.C.R. 94 · 2025 INSC 1112

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Summary

The NGT had held that the General Conditions of the EIA Notification, 2006 apply to building, construction, township and area development projects (Items 8(a) and 8(b)), so that such projects within 5 km of protected, critically or severely polluted, eco-sensitive areas or inter-State boundaries must be appraised centrally as Category A. Since a coordinate Bench in Vanashakti v. Union of India had meanwhile upheld the 2025 notification declaring that the General Conditions do not apply to Item 8 (save Note 1 to Item 8(a)), the Supreme Court agreed with that view and held that the NGT order no longer survived.

Issues

  1. Whether the General Conditions under the EIA Notification, 2006 apply to Item 8(a) (building and construction projects) and Item 8(b) (township and area development projects) of its Schedule.
  2. Whether such projects located near protected areas, critically or severely polluted areas, eco-sensitive areas or inter-State boundaries must be treated as Category A and appraised by the Central Expert Appraisal Committee instead of State authorities.
  3. What effect the decision in Vanashakti v. Union of India, upholding the notification dated 29.01.2025, has on the NGT order under appeal.

Provisions considered

Held

Result

Appeals disposed of; the NGT order dated 09.08.2024 held not to survive in view of Vanashakti, with the notification dated 29.01.2025 (excluding Note 1 to Entry 8(a)) holding the field; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 94.