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Supreme Court of India 2019-12-03 dismissed

KEYSTONE REALTORS PVT. LTD vs ANIL V. THARTHARE

Bench: 2 — D.Y. Chandrachud, Ajay Rastogi

In Brief

Keystone Realtors developed a residential project in Mumbai, initially receiving environmental clearance for 32,395 sq. m. of construction. The developer later sought to increase this to 40,480 sq. m., obtaining only an 'amendment' to the original clearance without fresh expert appraisal. The Supreme Court held that any expansion beyond the capacity for which clearance was originally granted requires a fresh application and scrutiny by the State Level Expert Appraisal Committee, even if the expansion remains within prescribed limits. The Court dismissed the appeal, upholding a ₹1 crore penalty, finding the developer violated the EIA Notification's protective scheme.

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Environmental Law EIA Notification Environmental Clearance Administrative Law Precautionary Principle Pollution Control

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