The Division Bench of the National Green Tribunal, comprising Justice Dinesh Kumar Singh and Dr.Vijay Kulkarni in the case of Mr. Yogesh Pratap Singh v. Secretary MOEF&CC & Ors. has to determine that whether the construction of underground parking would be considered a mining activity or require prior Environmental Clearance (EC) under the Schedule of the Environmental Impact Assessment (EIA) Notification, 2006
The Petitioner has raised a grievance that Regulation 37(7) of Development Control and Promotion Regulations for Greater Mumbai- 2034, which is a part of Mumbai Development Plan- 2034 has to be quashed because it permits unlimited basements to be made, which is environmentally detrimental, as it would make the city of Mumbai vulnerable to heavy air pollution, traffic congestion, man-made disasters and geological disturbances and expose the city to cyclones and coastal flooding on the face of rising sea levels.
On the previous date, the tribunal directed the Applicant to point out several cases of violation, in response to which a submission dated 09.05.2023 has been filed, where-in, in para no. 6, 12 examples have been quoted naming the projects where-in the basements of 2 to 3, underground car parkings are being made.
From the argument of Applicant, the bench expounded that “it appears that he wants to press that this kind of construction of underground car parking would be covered under the definition of mining activity, hence the Judgment of the Deepak Kumar’s case would be applicable mandating that for every mining, even if, it is less than one hectare in area, will be requiring environment impact assessment study”.
The Bench was of the opinion that since this matter requires us to decide as to whether the construction of underground parking would be covered in the mining activity, as it involves excavation of soil and gravel etc. and whether this activity would be requiring prior EC under 1(a) of Schedule of EIA Notification, 2006, which relates to miner minerals? Light can be thrown on this by the MoEF&CC.
The Bench listed the matter for further consideration on 11.07.2023.
Case Details
Case:- Original Application No. 39/2023(WZ)
Judge: Justice Dinesh Kumar Singh and Dr.Vijay Kulkarni
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