National Green Tribunal To Examine Whether Construction Of Underground Parking Would Be Covered In Mining Activity?

In an application filed to quash Regulation 37(7) of the Development Control and Promotion Regulations for Greater Mumbai, which allegedly permits the construction of “unlimited basements”in Mumbai, the National Green Tribunal (Western Zone Bench) has decided to examine whether the construction of underground parking would be considered part of mining activity. This is due to the involvement of excavation of soil, gravel, etc.

The Tribunal will also decide whether construction of parking in the basement would require prior Environmental Clearance (EC) under 1(a) of the Schedule of the EIA Notification, 2006, which relates to minor minerals.

The bench of Justice Dinesh Kumar Singh and Dr.Vijay Kulkarni said, “The main emphasis has been given by the Applicant that this kind of excavation, which is involved in construction of 2 or 3 or even further deeper storied car parking, is resulting the huge excavation of soil.”

Therefore, the judgment of the Apex Court in Deepak Kumar's case would come into play, which states that the extraction in the “blocks of less than 5 hectares, separated by 1 kilometer” will necessitate a proper environmental assessment plan due to the collective impact, the bench added.

The applicant argued that allowing unlimited basement in Mumbai Development Plan-2034 by Regulation 37(7) of Development Control and Promotion Regulations for Greater Mumbai will be “environmentally detrimental”.

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, the applicant contended.

The applicant submitted that the constructions of the basements, which are ongoing without Environmental Clearance and without permission from the Central Ground Water Authority, be halted forthwith.

The applicant further requested that the Municipal Commissioner and all other Planning Authorities in Mumbai be directed not to issue any fresh permission for the construction of any basement throughout the city of Mumbai, unless prior Environmental Clearance has been obtained under the category of mining.

The Tribunal observed that, “...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 minerals?”

The Tribunal has directed the Ministry of Environment, Forest and Climate Change to submit a response to the question before proceeding further.

The matter is posted to July 11 for further consideration.

CaseTitle:Yogesh Pratap Singh v.Secretary MOEF&CC & Ors.

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