In Brief
A real estate developer constructed 807 flats instead of 552 permitted under an Environmental Clearance, violating the terms by constructing 100,002 sq.m. against the permitted 57,658 sq.m. The Supreme Court held that 'built-up area' in environmental law includes all covered construction (including non-FSI areas), contrary to the developer's municipal by-law argument. While demolishing occupied flats would harm innocent purchasers, the Court imposed damages of Rs.100 crores (or 10% of project cost, whichever higher) plus Rs.5 crores, forfeited development rights, and permitted ex-post-facto clearance only after payment. An office memorandum redefining 'built-up area' was quashed as invalid.
The lawyer headnote and full judgment text are available to registered users.