M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. vs UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FOREST

The Supreme Court clarified the interpretation of 'built up area' under Item No. 8 of the Environment Impact Assessment (EIA) Notification dated 14.09.2006, emphasizing that all constructed areas not open to the sky must be considered as 'built up area' for the purpose of environmental clearance (EC). The Court held that the concept of Floor Space Index (FSI) is irrelevant to the grant of EC, which should focus solely on minimizing environmental impact. The judgment reinforces that both FSI and non-FSI areas contribute equally to environmental degradation and must be included in the assessment for EC.