Tuesday, June 6, 2023

 In a relief to real estate developers and home buyers, The Hon’ble Supreme Court, on 30/11/2022, clarified that ESZ boundaries of Tungareshwar Sanctuary will treated be as per final notifications issued by the MoEF & CC. Accordingly, constructions can proceed in accordance with law.

The order of Hon. Supreme Court dated 3 June 2022 has embarked 1 km restriction on new development around ESZ of various sanctuaries of MMR. Taking cognizance of the issue, CREDAI-MCHI took initiative and filed an interim application seeking clarification and for appraising the Hon’ble Court with notifications finalizing the boundaries of each ESZ. 

On 23rd September 2022, Supreme court bench headed by Jutice Gavai was appraised by the Sr. Counsel Mukul Rohatagi (appointed by CREDAI-MCHI) about the boundary finalization notification issued by MoEF&CC. Hon’ble Court clarified that ESZ boundaries for Sanjay Gandhi National Park and Flamingo Bird Sanctuary will be as per final notifications issued by the MoEF & CC.

Further additional IA was filed by CREDAI MCHI seeking clarification of Supreme Court order dated June 3, 2022 to clarify that 1 km Eco Sensitive Zone boundaries were inapplicable to Tungareshwar Sanctuary was allowed today.

President of CREDAI-MCHI Mr. Boman Irani further said “We pointed out the ESZ notifications for SGNP and TCFS were already issued and the ESZ boundaries had been demarcated and notified already. On behalf of the real estate fraternity, I thank the apex court for the clarification as SGNP is surrounded by already urbanised area and it would have been impossible to implement the differently interpreted ESZ boundaries. This clarification is a huge relief not just for the developers but for the home buyers as well.”