Madras HC orders authorities to issue occupancy certificate for new building in JIPMER

Published On 2024-02-14 04:00 GMT   |   Update On 2024-02-14 04:00 GMT

Puducherry: The Madras High Court issued a directive to Puducherry government authorities on Friday, instructing them to provide completion and occupancy certificates for new constructions within the Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER). The court specified that clearance from the Environment Impact Assessment Authority (EIA) need not be insisted...

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Puducherry: The Madras High Court issued a directive to Puducherry government authorities on Friday, instructing them to provide completion and occupancy certificates for new constructions within the Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER).
The court specified that clearance from the Environment Impact Assessment Authority (EIA) need not be insisted upon.
JIPMER had sought the court's intervention, urging the Puducherry Planning Authority (PPA) to issue certificates for 49,479 square meters of additional construction without requiring prior environmental clearance from the EIA.

JIPMER, established by the Centre in 1964 and later designated an institute of national importance in 2008, had several constructions on its campus, handled by the Central Public Works Department (CPWD) until 2018. The affidavit, filed on behalf of JIPMER by its Director Rakesh Aggarwal, argued that constructions up to 1.5 lakh square meters by hospitals and educational institutions didn't necessitate prior environmental clearance, according to the EIA Notification 2016.

While the CPWD was responsible for construction until 2018, a private contractor took over in the same year for further expansions. Although the institute received approval for this expansion in 2018, the EIA Authority raised concerns about the lack of prior environmental clearance, causing a delay in issuing occupancy certificates. The institute subsequently engaged the CPWD for additional construction, and despite having building plan approval from the PPA, the occupancy certificates faced hurdles due to the EIA Authority's insistence on prior clearance, reports The Hindu

“In the present case, as much as only 31,479 Sq mts were constructed. Therefore, prior environment clearance is not required. However, to satisfy the EIA Authority, a formal application was sent. The Authority has sent a reply stating that in lieu of a pending writ petition before the Madurai Bench of the Madras High Court, regarding certain relaxation given by the Centre, the application cannot be processed,” his affidavit read. 

As per a recent media report by The New Indian Express, the new construction for hospital and non-hospital purposes was supposed to take place at an area of 49, 479 sq. meters for Rs. 201. 41 crore but actual constructions were done at an area of 31,479 sq. meters and further construction has to be done on the remaining 18,000 sq. meters of area. The recent court directive aims to resolve this issue and streamline the certification process for JIPMER's new buildings.
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