Show ApplicationProcessingDetails

Id:

21086153

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-02-06 16:31:46.883

File Note:

The Project Proponent was granted ‘Consent to Establish’ / NOC from pollution angle vide no. CTE/Fresh/LDH3/2019/8815573 dated 04.12.2019 for establishment of residential colony in an area of 81.66 acres at Village Bonkar Dogran & Mujara Khurd, Tehsil Ludhiana West, District Ludhiana, which was further extended vide no. CTE/Ext/LDH3/2021/15587144 dated 25.07.2021 for period upto 31.03.2022. Thereafter, the project proponent applied for obtaining extension in the validity of Consent to Establish (NOC) under the provisions of Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 through online portal on 29.03.2022. Accordingly, the proposed site of the residential colony was visited by AEE of this office on 02.05.2022 and it was observed as that due to completion of new southern bye-pass of Ludhiana city along Sidhwan canal, the area of proposed site has decreased from 81.66 acres by about 2 Acres. Also upcoming Ludhiana – Roopnagar Greenfield Expressway starting from village Manewal, Tehsil Ludhiana West, District Ludhiana and terminating on NH-205 near Roopnagar will also pass through the proposed residential colony.  Accordingly, the application for obtaining ‘Consent to Establish’ 'Consent to Establish' / NOC under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was refused vide no. CTE/Ext/LDH3/2022/18330266 dated 20.05.2022 due to reasons mentioned above and the project proponent was asked to apply for fresh Consent to Establish / NOC as the site area has been decreased. Thereafter, the project proponent had filed an appeal before the Appellant Authority cum Secretary, Department of Science, Technology & Environment, Government of Punjab, against the refusal of the extension of ‘Consent to Establish’ / NOC. Accordingly, the case was heard on 12.09.2022. During hearing, this office had filed reply on the behalf of respondent Board. After hearing the parties and examination of the relevant record, the Appellant Authority has passed the orders as under: “The objective of the State Pollution Control Board is the prevention, control and abatement of environmental pollution and the concern of the Punjab Pollution Control Board in the present case is the installation of sewage treatment plant and disposal of treated wastewater and the green cover of the project. With the minor and marginal reduction of 3.87 acre of land out of the total land area of 81.66 acre, the project will not lose its originality as apprehended by the Board, rather the pollution and power consumption load will decrease with the reduction in the total land area of the project. There seems to be no environmental impact upon the entire project with the reduction of 3.87 acre of land. The project proponent has also obtained CLU from the Department of Town and Country Planning, Punjab, but the Chief Town Planner, Punjab has not raised any objection in this regard. In the given circumstances, submission of an undertaking by the appellant will be sufficient to proceed further in the case. The Board, as such, may obtain an undertaking from the appellant / project proponent to the effect that with the reduction of 3.87 acre of land, there will be no change in the layout plan, installation of sewage treatment plant, disposal of treated sewage, green area and if there is any major change in the residential project or its layout plan with regard to the above aspects, the appellant will obtain revised consent to establish (NOC) from pollution angle from the Punjab Pollution Control Board. The Board may also impose other suitable conditions with regard to reduction of 3.87 acres of land area of the project, but shall grant renewal of consent to establish (NOC) to the appellant with effect from 01.04.2022 for a period of atleast one year in continuation of the permission earlier granted to the project. The conditional renewal shall be construed to be the no objection from pollution angle for the project of the appellant minus the land area acquired by the NHAI.” Accordingly, the appeal filed by the project proponent was disposed off vide order dated 12.09.2022. As there was no provisions to grant extension in Consent to Establish / NOC from back date i.e. w.e.f. 01.04.2022, the project proponent was asked to apply for extension in the validity of ‘Consent to Establish’ (NOC Extension) under the provisions of Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 through OCMMS vide Board’s letter no. 7125 dated 23.11.2022 and the Competent Authority of the Board has decided that suitable conditions regarding consideration of validity of NOC w.e.f. 01.04.2022 be imposed. Thereafter, the project proponent applied for obtaining extension in the validity of ‘Consent to Establish’ (NOC Extension) under the provisions of Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 through PBIP portal and the same was processed in compliance to the order dated 12.09.2022 passed by the Hon’ble Appellant Authority. The Competent Authority of the Board considered the application and following shortcomings were observed in the application: 1.    The quantity of effluent from the project is greater than 100 KLD, as such it shall be covered under Red Category and is required to apply for CTE under Red Category as well (in accordance with CPCB letter dated 12.01.2021). 2.    Furthermore, the project proponent is required to deposit its NOC fees accordingly. 3.    The project proponent has given undertaking stating that the reduction of 3.87 acres of the project land, there will be no change in the layout plan, installation of sewerage treatment plant, disposal of treated sewage, green area. It is required to submit the original site layout plan approved by the Competent Authority of the Board with the details of the said 3.87 acres of the project land reduced from the project, marked on the said site plan for assessment of the reduced project area/ features. 4.    Further, the project proponent is required to clarify whether the project is covered under EIA notification, 14.09.2006 in light of the MoEF&CC letter no. 205 dated 15.04.2019. Now, the project proponent has again applied for obtaining extension in the validity of ‘Consent to Establish’ (NOC Extension) under the provisions of Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 under Red Category. The project proponent has already deposited Rs. 36,000/- as NOC fees vide UTR. No. N089221102458175 dated 30.03.2022. The project proponent has now deposited Rs. 6,000/- as balance NOC fees vide UTR. No. YESCX30190038210 dated 19.01.2023, which is adequate upto 30.09.2023 (Red Category). The project proponent has submitted undertaking dated 23.12.2022 stating that “the reduction of 3.87 acres of the project land, there will be no change in the layout plan, installation of sewerage treatment plant, disposal of treated sewage, green area, and if there is any major change in the residential project or its layout plan with regard to above aspects, the appellant (project proponent) will obtain revised consent to establish (CTE) from pollution angle from the Punjab Pollution Control Board.” The industry has attached the GLADA approved layout plan after marking area under acquisition by NHAI. Further, the industry has submitted that as per the prevailing EIA norms, township projects having area less than 50 hectares are not required to be appraised under B category and their project is plotted development and much less than 50 hectares The site of the residential colony was visited on 06.02.2023 by the AEE of this office and it was observed that no construction activity has started at site. The project proponent has yet to start any development activity in the colony. It is pertinent to mention here that as per area marked by the project proponent on GLADA approved plan of the colony, the area acquired under Sothern bypass and area to be acquired under Ludhiana – Roopnagar Expressway falls under no planning area of the colony and thus there is no significant change in layout plan of the industry. Further, as per the GLADA Approved Plan, total salable area is 20.053 acres and considering the FAR as 2.1, the built up area of the colony will be 1,70,418.38 m2, i.e. more than 1,50,000 m2. Thus, the project falls under 8(b) Category of EIA Notification dated 14.09.2006 and the project proponent is required to obtain Environmental Clearance under EIA Notification, 2006. In view of above and orders dated 12.09.2022 of the Hon’ble Appellant Authority, it is therefore recommended that extension in the validity of ‘Consent to Establish’ (NOC Extension) may be granted under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be granted for period upto 30.09.2023 subject to suitable conditions along with following special conditions: 1.    The project proponent shall obtain Environmental Clearance under EIA Notification, 2006 before starting any construction activity at site. 2.    The project proponent will obtain fresh NOC if there is any major change in site area of the residential colony due to upcoming Ludhiana-Roopnagar Greenfield Expressway in compliance to the orders dated 12.09.2022 of the Hon’ble Appellant Authority. 3.    This ‘Consent to Establish’ / NOC is valid w.e.f. 01.04.2022 in compliance to the orders dated 12.09.2022 of the Hon’ble Appellant Authority 4.    The project proponent will obtain the permission for the use/abstraction of ground water as per the requirements of Central Ground Water Authority (CGWA). The Board will not be responsible for any loss, in case the CGWA will prohibit the abstraction/use of water on account of non-obtaining of such permission. The Bulk Waste Generator shall ensure segregation of solid waste at source, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorized waste pickers or the authorized recyclers as prescribed in Solid Waste Management Rules, 2016. The bio-degradable waste shall be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.

Inspection:

false

Inspection Note:

Officer:

PPCB148

Reject:

false

Reject Note:

Role:

RO AEE Rajpal Gill