Meanwhile, the counsel for environment ministry argued that the plea challenging the notification was not maintainable on grounds that is beyond the ambit of the National Green Tribunal, Act, 2010.
The National Green Tribunal (NGT) on Thursday questioned "the logic" of the Union Environment Ministry in exempting polluting residential building projects from green clearances, even as it continues to keep commercial projects under the ambit of central clearances. The observations were made as a three-member bench began hearing arguments on an environment ministry notification, that has merged environmental clearances for building projects with municipal building by-laws.
Meanwhile, the counsel for environment ministry argued that the plea challenging the notification was not maintainable on grounds that is beyond the ambit of the National Green Tribunal, Act, 2010.
"The plea against the notification is not maintainable because Bombay High Court has interpreted provisions of section 14 to 18 of NGT Act, and held that it does not confer powers to NGT to quash statutory legislation," said Divya Prakash Pande, counsel for the Ministry of Environment and Forests (MoEF).
Earlier, the bench headed by Justice Swatanter Kumar had expressed displeasure over the ministry's notification, on Thursday observations were made during the first detailed hearing.
"What is the logic in this? Residential projects that generate more pollution and sewage are exempted but commercial projects have been taken out of this notification," said Justice Kumar. The notification issued on December 9, exempted building projects between 20,000 sqm and 1,50,000 sqm from clearances.
The plea, challenging the ministry's notification, has been filed by Society for Protection of Environment and Biodiversity, a non-profit organisation, and it has sought quashing of the notification.
Explaining its grounds, counsel for the petitioner, Sanjay Upadhyay informed the bench that the ministry's notification diluted a host of environmental safeguards in its bid to encourage "ease of business". "The notification has granted an exemption from obtaining consent to establish and consent to operate under Air and Water Act, which are superior legislations. There is also no study placed on record to show why the existing clearance system has not worked," said Upadhyay.
He added, "The entire appraisal procedure has been replaced by a box-ticking method for a huge sector such as real-estate."
The Tribunal will now hear the matter on January 23.
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