cellar having a Plinth area of 1204.92 square meter below the ground level. The depth of the lower and upper cellar is shown as 4.2 meter from the ground level. So the petitioner has to dig the land for lower cellar and upper cellar below the ground level up to a depth of 4.2 meter. Even if environmental clearance is obtained from SEIAA, digging of soil without making piling will be danger since it is loose soil in the applied area. Hence it is difficult to grant permission for extraction of ordinary earth without proper precautionary measures. Moreover, in the notification dated 14.09.2006 of the Government of India, Ministry of Environment, Forest and Climate Change, any project involving the building construction up to 20000M2, does not require prior Environmental Clearance. But the express provision in Appendix IX to said notification it is meant only for digging of foundation of the building and not construction of any cellar in the basement as in the case of the petitioner. Hence the petitioner's contention that the Environmental Clearance is not necessary as per the notification does not hold good. Thus, Environmental Clearance is insisted to construct a cellar which is more 4.2 meter depth from ground level.
