Trilegal advised CREDAI-BANM and CREDAI-Raigad in securing Bombay High Court relief on CEPI-based EC proposals
Trilegal advised and successfully represented the Confederation of Real Estate Developers’ Association of India – Builders Association of Navi Mumbai (CREDAI-BANM) and the CREDAI-Raigad chapter (collectively, “Client”) before the Hon’ble Bombay High Court, securing significant relief for developers in the Navi Mumbai region.
The Bombay High Court directed the State Environment Impact Assessment Authority (SEIAA) and the State Expert Appraisal Committee (State SEAC) to consider environmental clearance (EC) proposals based on the current Comprehensive Environmental Pollution Index (CEPI) scores, as updated and published by the Maharashtra Pollution Control Board (MPCB).
The Writ Petition was filed against SEIAA and SEAC’s indefinite deferral of EC proposals for projects in Navi Mumbai, relying on outdated 2019 CEPI data from the Central Pollution Control Board (CPCB), which categorized Navi Mumbai as a Severely Polluted Area with a CEPI score of 66.32. This classification was used to incorrectly delay EC appraisals, despite updated MPCB data from 2024 reflecting a reduced CEPI score of 55.80, thereby removing the region from the “Critically/Severely Polluted” category.
Under the Environment Impact Assessment Notification, 2006 (EIA 2006 Notification), certain development projects must obtain prior EC. While SEAC handles Category B projects, the “General Condition” in the Notification escalates projects to Category A—requiring central review—if located in areas with elevated environmental risks, including Critically or Severely Polluted Areas.
The central issue—whether the “General Condition” applies to Building and Construction Projects [Item 8(a)] and Area Development & Township Projects [Item 8(b)]—is currently pending before the Hon’ble Supreme Court, arising from an appeal against a National Green Tribunal Bhopal Order dated 9 August 2024. While a MoEF&CC Notification dated 29 January 2025 clarified that the General Condition does not apply to Items 8(a) and 8(b), its implementation was stayed by the Supreme Court on 24 February 2025.
This led SEAC to continue deferring EC proposals, based on the outdated CPCB data and pending Supreme Court proceedings. The Writ Petition argued that this blanket deferral violates the intent of the CEPI framework—which relies on dynamic, biannual assessments to gauge pollution and environmental quality.
Acknowledging the materially improved CEPI score and the MPCB’s updated data, the Bombay High Court ordered:
“The proposals made by the petitioners seeking environmental clearance from respondent nos.2 and 3 be considered in accordance with law on the basis of current CEPI score of the Navi Mumbai region as updated/published by respondent no.5 – Maharashtra Pollution Control Board within a period of eight weeks from the date of uploading of the order.”
This ruling is expected to have far-reaching impact on stalled development projects in the Navi Mumbai region, enabling faster environmental approvals while ensuring regulatory compliance based on current environmental metrics. It balances sustainable development with accurate environmental assessment, offering a boost to the real estate and infrastructure sectors.
The Trilegal team was led by Samit Shukla (Partner), with support from Saakshi Saboo (Senior Associate) and Vaibhavi Bhalerao (Associate).
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