respondents had pointed out that, the Notification was amended through another Notification, dated 15.11.2018, wherein serial No. 8(a) of the schedule was amended to the extent of including building having built up area between 50,000M2 and 1,50,000M2 . It is pointed out that, in the schedule itself it is explained that the term “built-up area” includes built-up or covered area on all the floors put together, including its basement and other service areas which are proposed in the buildings or construction. Further it is noticed that, in paragraph 7 of the Notification, specifically under paragraph 7(1)(B), it is stipulated that, those activities which are included in Appendix IX shall be exempted from obtaining prior environmental clearance. Item No.9 in Appendix IX is prescribed as “digging of foundation for building not requiring prior environmental clearance”. Therefore it is evident that, going by the terms of the Notification, total built-up area of the buildings in question involved in these cases, will fall under the exempted category, as per item No.8 (a) of the Schedule of the Notification. Further, the activity intended is, excavation of earth for the purpose of digging of foundation, which will also fall within the exempted category under item No.IX; “digging of foundations for building not requiring prior environmental clearance”. Therefore
