SC approves Kerala slotting projects in orange category-THE HINDU-16-03-2020

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The Supreme Court has declined to interfere in an appeal filed by the Kerala chapter of the Confederation of Real Estate Developers Association of India against the National Green Tribunal’s rejection of its contention that the inclusion of constructions between 2,000 sq. A Bench, led by Justice Arun Mishra, allowed the CREDAI’s Kerala chapter, represented by senior advocate V. The State Pollution Control Board was represented by advocates Jogy Scaria and Beena Victor. The Central Pollution Control Board slotted industrial activities into the red, orange, green and white categories, based on the pollution index, in March 2016. The CREDAI successfully challenged the State Pollution Control Board’s circular before the Appellate Authority on the ground that residential constructions did not fall in the category of industry.

The State Pollution Control Board had argued that it was authorised to impose stringent conditions to prevent environmental degradation and pollution. The State Pollution Control Board then appealed before the NGT, which set aside the Appellate Authority’s decision and held that these stringent conditions were required on account of higher groundwater level and contamination of waterbodies and the groundwater.