• Is my building illegal

Hi
I have recently Purchased a flat under gram panchayat at Wagholi Pune. This project where i invested already had a phase ready, and i took flat in 2nd Phase. After i purchased a flat in this building, suddenly i saw many post on the Net, stating that these buildings doesn't have environmental clearance. Though all these posts are old, still i doubt my decision of purchasing flat here was good or not. 

My questions--
 1 How to check if the building has necessary clearance, as when i approached builder they said this project doesn't need any environmental clearance as the total area covered for project is less than the one required for any clearance.?

2). As I am yet to get possession, so what are my options currently, if provided the building doesn't have environmental clearance. 

3). Which document can i ask from builder which can proof that the clearance is there, or no clearance is required at all.
Asked 8 years ago in Property Law
Religion: Christian

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5 Answers

1. Ask for sanctioned building plan from the builder, The plan is sanctioned when all the complaisance are made.

2. Minor lapses on environmental clearances are generally ignored. If you have not paid much of the money then you can try to cancel the agreement.

3. Seek information from court or file RTI in Environment department whether this project requires such clearances or such claerance is obtained or not.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Environment clearance is necessary for a few categories of construction projects and area

development projects under the new EIA Notification, 2006 as amended from time to time as

per the following schedule:-

8 Building /Construction projects/Area Development projects and Townships

8(a) Building and Construction

projects

?20000 sq.mtrs and

<1,50,000 sq.mtrs. of built-up

area#

The built up area for the purpose

of this notification is defined as

“The built up or covered area on

all the floors put together including

basement(s) and other service

areas, which are proposed in the

building/construction projects”

2) if area covered is less than 20,000 square meters no environmental clearance would be required

3)you can cancel the booking of flat and seek refund as no mandatory environmental clearances has been obtained

4) check the building plans duly sanctioned by panchayat . it would mention the total area of project

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

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1. You should have conducted property search before deciding to buy thr flat,

2. Engage a local lawyer to conduct the property search now including search for environmental clearance,

3. If you find that there is no environmental clearance, then ask the builder to hasten up the process,

4. If he finally fails to get the clearance, ask him to refund the money paid by you with interest,

5. If he refuses to refund you the abovemoney. file a complaint case before the Consumer Forum.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Your post underscores the need of due diligence by every buyer before buying a property.

2. You can file a RTI to know whether the building requires environmental clearance. Alternatively, you can issue him a lawyer's notice to demand the required documents.

3. In the absence of the necessary clearances you may be evicted from the building at anytime. It may also be demolished.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

How did you come to know about the environmental clearance certificate?, who told you this or from where did you get this idea? If you wanted to confirm that if this project is actually coming under environmental clearance aspect, you can go into their website and find out the requisite information to clear your doubts.

The following projects or activities requires prior environmental clearance from the concerned

regulatory authority, before starting any construction work, or preparation of land by the project

management (except fencing the land).

1. All new projects or activities listed in the Schedule of EIA notification, 2006

2. Expansion and modernization of existing projects or activities listed in the Schedule with

addition of capacity beyond the threshold limits specified for the concerned sector;

3. Any change in product - mix in an existing manufacturing unit included in Schedule

beyond the specified range.

An environmental impact assessment (EIA) is an assessment of the possible impact positive

or negative-that a proposed project may have on the environment, together consisting of

the natural, social and economic aspects. Its purpose is to identify, examine, assess and evaluate

the likely and probable impacts of a proposed project on the environment and, thereby, to work

out remedial action plans to minimize adverse impact on the environment. It is an important

management tool for ensuring the justified use of natural resources during developmental process.

You may visit the notification issued by the central government in the year 2006 for further details in this regard.

T Kalaiselvan
Advocate, Vellore
84721 Answers
2172 Consultations

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