Trilegal Represents Godrej Properties and CREDAI National in Key Dispute
The leading law firm in India, Trilegal, has successfully represented CREDAI National and Godrej Properties Ltd. before the Supreme Court of India in a landmark constitutional challenge to the Ministry of Environment, Forest and Climate Change’s (MoEF&CC) Notification dated 29 January 2025.
The petition challenged the constitutional validity of the MoEF&CC’s Notification issued in relation to Building and Construction Projects and Township Area & Development Projects covered under Item 8 of the Schedule to the Environment Impact Assessment dated 14 September 2006 (“EIA 2006 Notification”). The Notification exempted industrial sheds, schools, and educational institutions from procuring an Environmental Clearance (EC) as mandated under the EIA 2006 Notification, and clarified that the “General Condition” under the EIA 2006 Notification would not apply to such projects.
The General Condition stipulates that if a project is located within a 5 km radius of protected areas notified under:
- The Wildlife (Protection) Act, 1972,
- Critically Polluted Areas and Specially Protected Areas notified by the CPCB,
- Notified eco-sensitive areas, and
- Inter-state and international boundaries,
Then—even if it is a Category B project—it will be deemed Category A and appraised by the Centre.
Trilegal, intervening on behalf of Godrej Properties Ltd. and CREDAI National, argued that the General Conditions have historically never applied to Item 8 projects since the inception of the EIA 2006 Notification, and that State Environmental Authorities should commence the appraisal process for ECs.
Supreme Court Judgment
In its landmark ruling, the Supreme Court:
- Upheld the constitutional validity of the Notification.
- Struck down the exemption granted to industrial sheds, schools, and educational institutions.
- Clarified that the General Condition does not apply to real estate projects under Items 8(a) and 8(b), affirming the role of State authorities (SEACs and SEIAAs) in granting ECs.
Sector-Wide Impact
This judgment resolves long-standing legal uncertainty and removes regulatory hurdles that had stalled thousands of real estate projects across India. By aligning the interpretation of the framework with its original intent, the Court has allowed State bodies to resume processing environmental clearances, providing significant relief to the real estate sector.
Samit Shukla, Partner – Dispute Resolution Practice, Trilegal, said,
“This judgment brings critical clarity on the scope of environmental regulation for real estate projects. It ensures regulatory certainty and paves the way for timely development of housing and infrastructure across the country. We are honoured to have represented CREDAI National and Godrej Properties in a matter of such sectoral significance and believe this outcome will have a far-reaching positive impact on the real estate ecosystem.”
Trilegal’s Dispute Resolution team, led by ( Partner ) Samit Shukla, and supported by (Senior Associate ) Saakshi Saboo and ( Associate ) Vaibhavi Bhalerao, briefed ( Senior Advocate ) Mukul Rohatgi, who appeared for Godrej Properties Ltd., and (Senior Advocate) Atmaram Nadkarni, who represented CREDAI National.
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