15 Jul 2025
Matter Overview | Recently, the Hon’ble Bombay High Court was pleased to allow the Writ Petition filed by the Confederation of Real Estate Developers Association (CREDAI)- Maharashtra Chamber of Housing Industry (MCHI)- Kalyan Dombivali Unit and directed the State Environment Impact Assessment Impact Authority (SEIAA) and the State Expert Appraisal Committee (SEAC) to decide upon the Environmental Clearance proposals received by it for Kalyan Dombivali industrial region by considering the current Comprehensive Environmental Pollution Index (CEPI) Scores of the Kalyan Dombivali region as updated / published by the Maharashtra Pollution Control Board (MPCB) within a period of eight (8) weeks from the date of uploading of the order.
Matter Significance | Considering the industry wise impact of the inactions attributable to the SEIAA and SEAC leading to stalling of legitimate development activities across Kalyan Dombivali, this ruling will aid developers across the Kalyan Dombivali region whose proposals were not being considered by SEIAA and SEAC.
Proposals for environmental clearance across Kalyan Dombivali were being deferred based on outdated data published by the Central Pollution Control Board (“CPCB”) in the year 2018, whereby the industrial clusters of Kalyan Dombivali recorded a CEPI Score of 69.67, making it a “Severely Polluted Area”. The Writ Petition emphasized that MPCB undertakes environmental quality monitoring twice a year and publishes reports with updated CEPI Scores. As result, and as per the monitoring undertaken for December 2024- February 2025, the CEPI Score for the Kalyan Dombivali region has seen a substantial decrease wherein it recorded a CEPI Score of 44.5. Therefore, Kalyan Dombivali region no longer fell under the category of Critically or Severely Polluted Areas.
The Hon’ble Court was pleased to dispose off the Writ Petition by directing the State SEAC to consider proposals for environmental clearance in Kalyan Dombivali on the basis of the current CEPI Score published by the MPCB within 8 weeks from the date of the Order.
The Trilegal Dispute Resolution Team advising on the matter was led by Partner: Samit Shukla; and supported by Senior Associate: Saakshi Saboo; and Associate: Vaibhavi Bhalerao.
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For more information, please get in touch with Prakruti Jani | Mob: +91-9867868976 | BD@trilegal.com
Please find enclosed the order for your perusal.
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