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Supreme Court of India 2019-09-11 dismissed

M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD vs UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FOREST

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

The Supreme Court dismissed an application by Goel Ganga Developers challenging a judgment interpreting 'built up area' under the 2006 EIA Notification. The applicant argued that a three-Judge Bench decision on a Noida park project should have been followed. The Court held that the earlier judgment addressed only ambiguity about open-sky facilities; all parties had agreed that covered construction constitutes built up area. The Court confirmed that covered construction must be counted as built up area for environmental clearance, regardless of municipal FSI/FAR classifications, as both types affect the environment equally."

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