Show ApplicationProcessingDetails

Id:

20496726

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2022-11-27 11:53:05.687

File Note:

Kindly peruse the note and recommendation given by RO. It is intimated that the project proponent has already added 5.03 acres of land in the said project  out of which some land is allotted to project proponents namely M/s Foothill Cooperative Homes and M/s Gill Developers and Promoters Pvt. Ltd. M/s Foothill Cooperative Homes and M/s Gill Developers and Promoters Pvt. Ltd. were applied CTE(NOC), which were returned to the project proponent as per compliance of SEIAA vide its letter no. 4423-33 dated 25/6/2021.    Now PP has applied the varied CTO under the Water Act, 1974. RO has reported that the project proponent has applied for EC for expansion and it has been issued ToR letter no. SEIAA/MS/2022/236 dated 04.07.2022.  SEIAA has already issued directions to Board to launch prosecution against the responsible persons of JLPL for carrying out construction activity in the additional 5.08 acres area without obtaining Environment Clearance.  It is pertinent to mention here that the Member Secretary (SEIAA) vide its letter no. 4423-33 dated 25/6/2021 has informed that the matter was considered in the 12th Joint meeting of SEIAA/SEAC held on 9/6/2021, wherein it was decided that all concerned regulatory and other authorities (including Electricity and Water Supplies Department) be asked not to provide NOC’s, Completion Certificates or any statutory clearances/ services to Projects which have been established in violation of EIA Notification dated 14/9/2006. In Vide letter under reference, it has been communicated that NOC’s, completion certificate of any statutory clearances/ services to Building Construction/ Area Development and Townships projects which have been established in violation of the EIA Notification 14/9/2006 shall not be issued and they shall be directed to obtain Environmental Clearance from SEIAA, Punjab. It is mentioned here that the Member Secretary (SEIAA) vide its letter no. 4423-33 dated 25/6/2021 has informed that the matter was considered in the 12th Joint meeting of SEIAA/SEAC held on 9/6/2021, wherein it was decided that all concerned regulatory and other authorities (including Electricity and Water Supplies Department) be asked not to provide NOC’s, Completion Certificates or any statutory clearances/ services to Projects which have been established in violation of EIA Notification dated 14/9/2006. Vide letter under reference, it has been communicated that NOC’s, completion certificate of any statutory clearances/ services to Building Construction/ Area Development and Townships projects which have been established in violation of the EIA Notification 14/9/2006 shall not be issued and they shall be directed to obtain Environmental Clearance from SEIAA, Punjab. Further, in compliance with to order of Hon'ble NGT in OA no. 34/2020, an Office Memorandum F. no. 22-21/2020-IA.III dated 7/7/2021 (copy attached, kindly peruse) has been issued by MoEF&CC, GoI, New Delhi in which SOP for identification and handling of violation cases under the EIA notification dated 14/9/2006 has been defined. The other operative part of this memorandum is as under: 11. SOP for dealing with the violation cases: Step 1: Closure or Revision <div style="text-align: justify;" align="center"> <table border="0" cellspacing="0" cellpadding="0"> <tbody> <tr> <td valign="top" width="80"> Sl No. </td> <td valign="top" width="294"> Status of EC </td> <td valign="top" width="359"> Actions </td> </tr> <tr> <td valign="top" width="80"> 1. </td> <td valign="top" width="294"> If no proper EC is taken </td> <td valign="top" width="359"> Order to close its operation </td> </tr> <tr> <td valign="top" width="80"> 2. </td> <td valign="top" width="294"> If prior EC is available for existing/ old unit </td> <td valign="top" width="359"> Order to revert the activity/production to permissible limits. </td> </tr> <tr> <td valign="top" width="80"> 3. </td> <td valign="top" width="294"> If prior EC was not required for earlier production level but is now required. </td> <td valign="top" width="359"> Restrict the activity/ production to the extent to which prior EC was not required. </td> </tr> </tbody> </table> </div>   Step 2: Action under Environment (Protection) Act, 1986 Action under section 15 read with section 19 of the Environment (Protection) Act, 1986 shall be initiated against the violators. Step 2: Appraisal under EIA notification, 2006 The permissibility of the project shall be examined from the perspective of whether such activity/ project was at all eligible for the grant of prior EC. 13.     Identification of Violation cases: With a view to protecting the environment and expeditiously bringing violators into a regulatory regime so as to prevent & control environmental damage caused by such violations and to determine whether the operation of such projects is permissible and to take action stipulated under Section 15 of the Environmental (Protection) Act, 1986 for contravention of the provisions of the said Act, Rules, orders and directions, it is expedient to also identify the cases of violation, examine and appraise such projects so as to refrain them from causing further environmental damage and also to compensate for causing damage to the environment. Therefore, in the exercise of the powers conferred under Section 5 of the Environmental (Protection) Act, 1986, the Central Government hereby directed that: i.        State Pollution Control Boards & Union Territory Pollution Control Committees, before grant or renewal of Consents under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981, shall ensure that the project proponents applies for or possess valid Prior Environmental Clearance in terms of extant EIA Notification and shall not grant or renew CTO (Consent to Operate) unless Environment Clearance (if applicable) has been obtained). ii.       The Central Pollution Control Board, all State Pollution Control Boards, and all Union Territory Pollution Control Committees shall identify cases of violation under their respective jurisdiction, report such cases to the Ministry or State/ Union Territory Level Environmental Impact Assessment Authority, as the case may be and also revoke CTO, if granted to the unit after giving an opportunity of being head. iii.       The Central Pollution Control Board, all State Pollution Control Boards and all Union Territory Pollution Control Committees shall expeditiously examine the reference, received from public and other bodies, relating to violations and take necessary steps as per (ii) above. In view of the above PP  was carrying out expansion in its existing project site without the prior permission of the Board. PP has also not obtained revised environmental clearance as required in the EIA notification dated 14/9/2006 till date. If approved varied CTO  under Water Act,1974 applied by PP may be refused. EE, RO may also be requested to guide the PP to first obtain revised environmental clearance, and thereafter apply to obtain CTO under the Water Act,1974.   ( Competency: Chairman Sir )

Inspection:

false

Inspection Note:

Officer:

PPCB054

Reject:

false

Reject Note:

Role:

ZO EE Kuldeep Singh