Show ApplicationProcessingDetails

Id:

21301671

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-03-02 09:45:39.766

File Note:

It is submitted that the project site was visited by the undersigned on 14.02.2023 and it was observed as under: 1.      The project proponent is constructing 3BHK on 70 plots in S+4 configuration and total 280 flats will be constructed. 2.      At present, 110 flats have been constructed out of which 50 are ready to move and 14-15 families are already residing. 3.      The project proponent is also constructing 16 no. commercial showrooms, however no construction work is started. 4.      The wastewater generation from the project will be about @ 114 KLD and project proponent is installing STP of capacity 100 KLD with components collection tank, screen chamber, SAFF reactor, Secondary tube setter, dual media filters. Sludge drying bed. The representative informed that they had started operating the STP earlier, however, due to some civil problem the STP is under maintenance and will be operational again in 3-4 days. It is clear that the STP is provided by the project proponent is under capacity when the all flats are occupied. 5.      The project proponent has provided dual plumbing for utilizing treated wastewater. A separate tank of capacity 5000 Ltr is provided for every 8 flats for storage of treated wastewater to be used in flushing. The project proponent has proposed to utilize 39.9KLD for flushing and 55.9 KLD for irrigation on total green area of about 2205 sqm. Further, the remaining treated wastewater will be disposed off onto land for irrigation in area of 22 bighe and 11 biswe. The said land has been taken on lease by the project proponent from neighboring farmer by executing an agreement dated 30.11.2022 and the Khasra numbers of the land are 750 (0-13), 750/1 (3-6), 751 (4-0), 752 (4-0), 753 (5-16), 754 (4-10), 837 (0-2), 1326/766 (0-2), 1328/767 (0-2) which is located in Hadbast No. 289, Village Dayalpura, Zirakpur, SAS Nagar. 6.      The representative informed that at present all the sewage generated is being collected in collection tank and is not disposing of the same illegally. Also no stagnation of wastewater was found in and around the project site. 7.      The representative informed that solid waste generated from 14-15 families is being lifted by MC Zirakpur and is disposing of on dumping site. The representative informed that they will provide mechanical composter once the project construction is completed. 8.      The project proponent has installed a DG set of capacity 320 KVA which is equipped with canopy. 9.      The project proponent has provided one lawn of size 168x28’ ft and another is under development. From the looks, it appears that the project proponent is constructing a group housing project of 280 flats, whereas it has applied for NOC for developing 70 plots. The representative submitted that they have sold the plots to individual owners, who are building flats in S+4 configuration as design / layout / building provided by the project proponent so that all the flats look same in configuration and the aesthetics of society looks symmetrical i.e. it has got approved the building layout plans approved from MC Zirakpur. In support to its claim, the project proponent has submitted 24 no. affidavits from plots purchasers / owners including registries mentioning that “They have purchased the plots from M/s CRD Infra from their area development project and are the sole owner of the plot and are responsible for its construction as per rules and also for all the legal and technical compliances associated with plot”. Further, the authorized signatory Sh. Pavail Garg S/o Sh. Vijay Kumar, who is managing partner of M/s CRD Infra has submitted an affidavit dated 02.01.2023 mentioning that: 1.      I am authorized to give undertaking on behalf of M/s CRD Infra. 2.      M/s CRD Infra is the area development agency and is only responsible for area development of the project M/s Golden Castle, Zirakpur. 3.      M/s CRD Infra has set basis guidelines for construction of house in their plots to maintain aesthetics of the project. All the construction is being done by the purchasers of plots. 4.      In lieu of convenience to our customers and marketing goodwill. We have helped some of our customers in getting their building plans approved which we now understand that it was the responsibility of plot owner. Here onwards we assure that the plot owner himself will get their building plans approved. 5.      We further assure that we are a law abiding organization and will keep working according to the law of the land without any violation. It is worth to mention here that the SEIAA/SEAC, Punjab in its 12th joint meeting held on 09.06.2021, has deliberated as under: It was observed that Proponents of area development projects of less than 50 ha extent often try to circumvent the requirement of taking EC prior to commencement of their Projects by stating that they are unaware of the total built up area. Such Project proponents advance the untenable plea that since they will only be developing the area and marketing the plots hence, they are unaware of the final built up area. Subsequently too, some project proponents try to notionally split up what is in fact a single Project of the same Proponent in the same location into different individual Projects so as to avoid coming under the ambit of Section 8 (b) of the EIA Notification, 2006. Joint Committee of SEIAA / SEAC observed that such subterfuges result in serious difficulties in the proper appraisal of the Projects and often defeat the very purpose of enactment of the EIA Notification. After detailed deliberations, it was decided as under: i)        Applications for grant of ECs for area development projects having total area less than 50 ha, which do not provide the total built up area will be considered as incomplete and essential details will be sought regarding the total built-up area at scrutiny level. In case, the Project Proponent is unable to provide the exact details of the proposed built-up area, he will need to certify the category of the same i.e. < 20,000 sqm; >20,000 but < 1,50,000 sqm or > 1,50,000 sqm. The information regarding the built-up area can be provided either on actual basis or calculated on the basis of permissible FAR. Applications which neither provide the built-up area on actual basis nor certify the category in which the same falls, will not be processed since appraisal is to be undertaken by SEIAA / SEAC in accordance with the category of the project under the EIA Notification, 14.09.2006. ii)      As recommended by SEAC in its 197th meeting held on 15.03.2021, the total land area for which CLU has been obtained shall be considered for ascertaining the applicability of the EIA notification dated 14.09.2006 and not the Net Planned Area. iii)    As recommended by SEAC in its 197th meeting held on 15.03.2021, the projects with land area less than 50 Ha but built-up area between 20,000 sqm and 150,000 sqm will be appraised as per the provisions of Schedule 8 (a) of the EIA notification 2006 as amended from time to time, as clarified by Regional Office, MoEF&CC, Chandigarh vide letter no. 1-5/ 2018/ Miscellaneous/Env.205 dated 15.04.2019. iv)    In cases, where the Project Proponent plans to undertake the Project in more than a single stage, ECs for the individual Tranches will include the condition that future Tranches will be considered as part of the same Project. In case the aggregate area, production capacity or any other component /feature of the combined Tranches brings the total Project area or other component into a higher category, appraisal will be carried out on the basis of the aggregate area or component as per EIA Notification, 2006 and other relevant directions of MOEF&CC. Further, in its advertisements available on youtube and other social media sites, and on its own website <a href="http://golden-castlezirakpur.com/">http://golden-castlezirakpur.com/</a>, the project proponent i.e. M/s CRD Infra has mentioned that in its project namely Golden Castle, flats with covered area of 1399 sq ft are available for sale, screenshot is given as under: Therefore, the total covered area of 280 flats can be calculated and will be approximately 391720 sq ft (>36000 sq.mtr) excluding commercial area and as per minutes of 12th joint meeting of SEAC/SIEAA mentioned above, the project proponent is required to obtain Environment Clearance having built-up area more than 20000 sq mtr, however, the project proponent is contending that it has sold plots only, and the flats are being built by individual plot owners (copy of affidavits attached and originals are in office record file), therefore, being an area development project with area < 50 ha, it doesn’t require Environment Clearance under EIA notification dated 14.09.2006. In view of the above, the application of the project proponent for obtaining consent to establish (NOC) for “Residential Project of 70 residential & 16 Commercial Plots” be sent to Senior Law officer of the Board for legal opinion in the case, so that application be processed accordingly.

Inspection:

false

Inspection Note:

Officer:

PPCB106

Reject:

false

Reject Note:

Role:

RO AEE Gulshan Kumar