Is SEIAA have authority take necessary action on the violation? for cases like Municipal corporation already granted permission to construct with Total construction area 20.000 sq.mts., But as Per EIA Notification, Project having area of more than 20,000 Sq.mts
SEIAA applicable for EC.
It is violation of Municipal corporation
Authority should take action on Municipal corporation not on Proponent.
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In construction project:
1) If the built up area(BUA) is 20,000 Sq m and more, they have to take EC Clearance along with respective state pollution control Board Clearance.
2) PCB Clearance- If BUA is 5000 Sq m and more.
If u want more details see the attachment.
ECC Notification.pdf
Can we call the construction below 20000 sq. mtrs. a violation? This may at best be called as construction within the norms fixed under the EIA Notification and therefore while giving an undertaking should the PP write that he has violated?Before it is proved that it is a violation the MoEF OM is seeking an undertaking from PP that they have violated the EIA Notification. This may not be correct as the so called violation has to stand the legal scrutiny.
There are instances where the PPs have constructed less than 20000 sq. mtrs. in different project in the vicinity of each other and while amalgamating the projects to provide better amenities and infrastructure, it is considered as violation of EIA Notification since the total area of the projects is increasing the 20000 sq. mtr. limit of EIA Notification.
There are may issues which need clarity from SEIAA.
Not clear, What you are asking
???