Adopting Non-FSI Area Domains for Green Nod

Introduction:-

In a landmark decision with potential repercussions for real estate ventures nationwide, the National Green Tribunal (NGT) has reshaped the criteria for evaluating environmental clearance. The tribunal emphasized that fire safety provisions, parking spaces, and recreation grounds should now be integral components when calculating a realty project’s built-up area.

The significance of this ruling extends beyond mere procedural adjustments; it marks a pivotal shift in the environmental assessment framework for real estate developments. Traditionally, the focus has been primarily on the physical structures, but the NGT’s directive broadens the scope to encompass critical aspects like fire safety and recreational spaces.

Influence on the Environment:

Fire safety, a paramount concern in densely populated urban areas, has often been treated as a separate entity in construction norms. However, the NGT’s stance acknowledges its integral role in the overall environmental impact of a project.

By incorporating fire safety provisions into the computation of built-up areas, the tribunal underscores the importance of holistic safety measures in the design and execution of realty projects. Parking spaces, another often overlooked facet in the environmental clearance process, now take centre stage.

As urban landscapes grapple with escalating vehicular density, the availability and design of parking spaces directly influence traffic management, air quality, and overall environmental sustainability.

Methods to Balance Ecosystem:-

The NGT’s directive aims to promote conscientious urban planning by considering parking infrastructure as an integral part of a project’s footprint. Furthermore, the inclusion of recreation grounds in the computation of built-up areas signals a shift towards recognizing the significance of green spaces in fostering a balanced urban ecosystem.

Beyond their recreational value, these areas contribute to biodiversity, air quality improvement, and overall well-being. The NGT’s decision encourages real estate developers to incorporate such spaces into their designs, fostering a more sustainable and community-centric approach.

Conventional Practices:-

Real estate stakeholders now face a paradigm shift in project evaluation. The traditional metrics for determining environmental clearance are no longer confined to square footage and architectural blueprints alone. Instead, a comprehensive assessment that accounts for fire safety, parking infrastructure, and recreation spaces is imperative.

While this ruling aims to bolster environmental considerations in real estate projects, it also raises questions about its practical implementation. Developers may encounter challenges in integrating these elements seamlessly into their projects, potentially impacting timelines and budgets.

Striking a balance between environmental consciousness and the practicalities of construction will be a critical aspect for the industry moving forward. In conclusion, the NGT’s decision signifies a progressive leap towards a more holistic and sustainable approach to real estate development.

As the industry adapts to these revised parameters, the impact on urban landscapes and environmental well-being is anticipated to be profound, shaping the future of realty projects across the country.

Historical Review of the NGT’s Timeline:-

Lead by Justice Swatanter  KumarFormer Chief Justice of Bombay High Court, the founding bench of the National Green Tribunal (NGT) has fined Apex Realty a substantial Z3 crore in a creative attempt that will incorporate municipal concerns into environmental approvals. The An-top Hill locality’s slum rehabilitation project has a tribunal order obligating an immediate interruption in construction.

The tribunal established that in addition to remitting an extra fine for failing to supply the project beneficiaries with a recreation area, the developer must pay 3 crore under the Public Liability Insurance Act,1991.

In addition, it instructed the builder to stop conducting work on the project and refrain from granting any outside parties any rights.

Rehabilitation of the Housing Slum:-

In a case triggered by Sunil Kumar Chugh, a slum rehabilitation project beneficiary, and his neighbors, who campaigned the environmentally friendly approval given to the redevelopment with a total built-up area of 29,150 square meters, the NGT rendered a verdict.

Slum rehabilitation is a vital initial phase towards encouraging inclusive urban development. We strengthen marginalized communities and the social fabric of our cities as a whole when we address the living conditions of slum dwellers. By implementing purposeful and sustainable solutions into execution, slum areas can be changed into vibrant neighborhood’s where people can live in better housing, have better access to services, and maintain better sanitation. This enhances their ordinary way of living while also promoting the more general objective of creating resilient and equitable urban environments. Making slum rehabilitation a top priority is a potent tactic to building a more beneficial and sustainable future for all individuals.

Conclusion:-

When summed up, enacting green nod in non-FSI areas is a crucial step toward a more sustainable and environmentally friendly future. These areas make significant contributions to the safeguarding of biodiversity, sustainable agriculture, and climate change mitigation measures and these preserve the environment and future generations’ well-being.

To achieve the widespread adoption of non-FSI areas for green nod, obstructions must be overcome via collaboration, incentives, and education. Together, let’s embrace the conservation of non-FSI areas and work toward generating a better, greater environmentally friendly world.

Aditya Pratap is a lawyer and founder of Aditya Pratap Law Offices. He practices in the realm of real estate, corporate, and criminal law. His website is adityapratap.in and his media interviews can be accessed at http://www.youtube.com/@AdityaPratap/featured .Views expressed are personal.

This article has been assisted by Nikhil Abhay Singh, a 4th year law student pursuing B.A.,LL.B. from the University of Lucknow.