Trilegal successfully represented CREDAI-BANM and CREDAI-Raigad before the High Court of Bombay in Writ Petition No. 8181 of 2025

Trilegal recently advised and successfully represented the Confederation of Real Estate Developers’ Association of India (CREDAI)- Builders Association of Navi Mumbai (BANM) and the CREDAI-Raigad chapter (“our Client”) by securing a favorable order in the Hon’ble Bombay High Court whereby the Hon’ble Court was pleased to grant directions to the State Environment Impact Assessment Authority (SEIAA) and the State Expert Appraisal Committee (State SEAC) to consider the proposal for Environmental Clearance (EC) for projects affected in the Navi Mumbai region on the basis of the current Comprehensive Environmental Pollution Index (CEPI) scores as updated / published by the Maharashtra Pollution Board (MPCB).

The Writ Petition was filed by CREDAI-BANM and CREDAI-Raigad due to the inactions attributable to the SEIAA and SEAC wherein the state Authorities designated to assess and appraise proposals received for grant of Environmental Clearance (EC) were indefinitely deferring such proposals on a misconceived pretext that the industrial clusters in the Navi Mumbai region are “Critically / Severely Polluted Area” as per the CEPI score published by the Central Pollution Control Board (CPCB) in 2019.

According to the Environment Impact Assessment Notification, 2006 (“EIA 2006 Notification”), all projects and activities enlisted in its Schedule would require prior EC before any construction work, or preparation of land by the project management is started on the project or activity. The projects and activities are categorized as “Category A” and “Category B” projects based on their potential hazard, wherein “Category A” projects are appraised by the Central Expert Appraisal Committee (Central EAC) and “Category B” projects are appraised by the State SEAC.

Further, the Schedule to the EIA 2006 Notification contains a “General Condition” which provides that any projects or activity specified as Category ‘B’ will be treated as Category A, if located within 5 km from the boundary of· (i) Protected Area notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted and Severely Polluted Area areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter- State boundaries and international boundaries.

The issue of whether the “General Condition” is applicable to projects under Item 8(a) i.e. Building and Construction Projects and 8(b) i.e. Area Development and Township Projects of the Schedule to the EIA 2006 Notification is currently pending judgment before the Hon’ble Supreme Court in an Appeal filed by CREDAI against the Hon’ble National Green Tribunal Bhopal’s Order dated 9 August 2024. In the meantime, the Ministry of Environment, Forest and Climate Change issued a Notification dated 29 January 2025 stating that General Condition does not apply to Item 8(a) and 8(b) of the Schedule to the EIA 2006 Notification. However, the operation and implementation of this Notification has been stayed by the Hon’ble Supreme Court by an Order dated 24 February 2025 passed in Writ Petition (C) 166 of 2025.

The proposals for environmental clearance in Navi Mumbai region are being deferred by the State SEAC in view of the stay order passed by the Hon’ble Supreme Court, the effect of which would mean that the Central EAC is to appraise such projects which would attract the General Condition.

State SEAC has been relying on outdated data published by the Central Pollution Control Board (“CPCB”) in the year 2019, whereby the industrial clusters of Navi Mumbai recorded a CEPI Score of 66.32, making it a Severely Polluted Area. On this basis State SEAC has been deferring proposals for environmental clearance, thereby leading to stalling of legitimate development activities in the Navi Mumbai region without lawful justification.

The Writ Petition emphasized that as per CPCB’s own direction MPCB has been undertaking environmental quality monitoring twice a year and publishing reports with updated CEPI Scores. As result, and as per the monitoring undertaken for the year 2024, the CEPI Score for the Navi Mumbai region has seen a substantial decrease wherein it recorded a CEPI Score of 55.80. As a result, the Navi Mumbai region no longer fell under the category of Critically or Severely Polluted Areas and hence would in any case not attract the General Condition.

Considering this, the Writ Petition highlighted that by applying the outdated data despite improved CEPI scores not only defeats the purpose of CEPI framework, which is intended to act as an evolving, real-time environmental assessment tool, but also imposes an undue and outdated burden on project proponents operating in areas no longer posing significant environmental risks.

After deliberating on the recent CEPI Score for the Navi Mumbai region and after considering the consent of the parties involved, the Hon’ble Court was pleased to dispose off the Writ Petition with the following directions:

“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”.

Considering the industry wide impact of the inactions attributable to the State EAC leading to stalling legitimate development activities, this ruling will aid the developers in the Navi Mumbai region who can now apply to the SEAC / SEIAA leading to faster project clearances.

Further, the ruling will also align with the environmental data and shall promote fair, region-wise implementation of the regulatory mechanisms.

The Trilegal Team advising on the matter was led by Partner: Samit Shukla; and supported by Senior Associate: Saakshi Saboo; and Associate: Vaibhavi Bhalerao.

About Trilegal

Trilegal is a leading full-service law firm in India with over 25 years of experience, trusted for its in-depth expertise and client-centric approach. The firm advises a diverse set of clients, including Fortune 500 companies, global investment funds, major Indian conglomerates, domestic and international banks, technology and media giants, family offices, and high-net-worth individuals. With more than 140 partners operating under a distinctive lockstep model, Trilegal is the largest equity partnership in the country. The firm retains over 1,100 professionals across Mumbai, Delhi, Bengaluru, and Gurugram offices.

Trilegal has consistently been recognised among India’s top-tier firms in leading legal directories such as Chambers & Partners (Asia Pacific and Global), Legal 500 Asia Pacific, and Benchmark Litigation. It has also earned several prestigious accolades, including being named Best Overall Law Firm by India Business Law Journal (IBLJ) 2025, Innovative Lawyers in Disputes & Crisis Management by the Financial Times (FT) Innovative Lawyers Asia-Pacific Awards in 2025, M&A Firm of the Year by IFLR Asia-Pacific in 2024, Law Firm of the Year by Deal Volume at the VCCircle Awards in 2024, India Deal Firm of the Year at the Asian Legal Business (ALB) India Law Awards in 2023, and Best Law Firm to Work by Vahura in 2022.

For more information, please get in touch with Prakruti Jani | Mob: +91-9867868976 | BD@trilegal.com