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BUILDING CONSTRUCTION AND TOWNSHIPS DEVELOPMENT

If the area of building to be constructed is less than 1,50,000 square metres and more than 20,000 metres then clearance has to be obtained from the Central Government.

For township and area development projects, if the area covers more than 50 hectares and/or built up area is above 1,50,000 or more then clearance has to be obtained from the Central Government.

The built up area for the purpose of this Notification is defined as “ the built up or covered area for all floors put together including basement (s) and other service areas, which are proposed in the building/construction projects”

Supreme Court of India has held that there is distinction between “Building Construction project” and “ Township and Area Development Project”. They differ not only quantitatively but also qualitatively. A township project is the development of new area for residential , commercial or industrial use. It may be correct to an extent to say that constructions with built up area in excess of 1,50,000 sq.metres would be huge by any standard and in that case the project by virtue of sheer magnitude would qualify as township development project. The project of a “recreational park” is not a “building and Construction project”.

 

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© 2012 Environmental Law Research and Guidance Foundation India (ELaw India)
Last Update : 25 April 2012
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