• 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 1 year ago in Property Law from United States
Religion: Christian
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
5244 Answers
54 Consultations
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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
23339 Answers
1220 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
12131 Answers
233 Consultations
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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
18183 Answers
449 Consultations
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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
14138 Answers
127 Consultations
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