| File Note: |
<p class="MsoNormal" style="margin-left: 1in; text-align: justify; text-indent: -1in;"><strong>Subject: Proceeding of the personal hearing given on 10/3/2023 by the Chairman of the Board to M/s Janta Land Promoters Pvt. Ltd., Project: Falcon View, Sector-66 A, SAS Nagar (Mohali) w.r.t show cause notice for refusal of extension in the validity of consent to establish (NOC) granted under the provisions of Water Act, 1974 and the Air Act, 1981</strong></p>
<p class="MsoBodyText" style="margin: 0in 0in 0.0001pt 70.55pt; text-align: justify; text-indent: -70.55pt; line-height: normal;"><strong> </strong></p>
<p class="MsoNormal" style="margin-right: 4.8pt; text-align: justify; line-height: 24px;">The following were present:</p>
<h3 style="text-indent: 0in; margin-left: 0in; line-height: 28.08px;"><span lang="EN-US" style="font-size: 11pt; line-height: 22px; font-family: Calibri, sans-serif;">From the Board:</span></h3>
<p class="MsoNormal" style="line-height: normal;">1. Sh. G.S. Majithia, Member Secretary</p>
<p class="MsoNormal" style="line-height: normal;">2. Sh. Sandeep Bahl, Chief Environmental Engineer (P)</p>
<p class="MsoNormal" style="line-height: normal;">3. Sh. Kuldeep Singh, Environmental Engineer (ZP-I)</p>
<p class="MsoBodyText" style="margin-bottom: 0.0001pt; line-height: 24px;"><strong>From the industry:</strong></p>
<p class="MsoListParagraph" style="margin-bottom: 0.0001pt; text-align: justify; line-height: normal;">Sh. Baljeet Singh, Environment Person</p>
<p class="MsoListParagraph" style="margin-bottom: 0.0001pt; text-align: justify; line-height: normal;"><span style="font-size: 8pt;"> </span></p>
<p class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px;">The officers of the Board brought out that earlier SEIAA vide its letter no. 4421 dated 25/6/2021 addressed to the project proponent, in which mentioned that <strong>"As such M/s Janta Land Promoters Ltd. is allowed to treat the wastewater generated from Super Mega Mixed Use Integrated Industrial Park Project (all components), Sectdor 66A, 82 and 83, SAS Nagar in the Sewage Treatment Plant (STP) of GMADA as an interim measure till their 2.8 MLD STP will be made operational."</strong> In this regard, the project proponent has submitted a bank guarantee of Rs. 30 Lakh as an assurance that construction of the STP of capacity 2.8 MLD within the project site of Super Mega Mixed Use Integrated Industrial Park Project, Sector 66A, 82 & 83, SAS Nagar will be completed with the period of 18 months 17 days i.e. upto 31/12/2022. The project proponent has also assured that they will commission STP 2.8 MLD up to 31/12/2022. The project proponent was granted consent to establish (NOC) from pollution angle under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Fresh/SAS/2021/17532693 dated 29.12.2021 for developing a group housing having 1602 flats in an area of 1,38,280 Sqm, which was valid upto 28/12/2022. The project proponent was granted consent to operate as required under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 on 03.01.2022 <strong>for 150 number Residential Flats</strong>, which was granted upto 2/7/2022 with special conditions mentioned therein. Further, the revised directions were issued by the Board for allowing the project proponent to execute registered sale deeds for the flats for which agreement were made before the issuance of directions by the Board on 2/7/2022. Similar directions were issued to PSPCL regarding release of electric connection. Afterwards, the project proponent was granted varied consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Varied/SAS/2022/19104752 dated 13/7/2022 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Varied/SAS/2022/19104748 dated 13/7/2022, valid upto 31/12/2022 <strong>for residential flats 702 for discharge and for generation of Domestic Effluent @ 410 KLD - Discharged into GMADA sewer leading to terminal STP of Capacity 100 KLD at Sector-83, Mohali</strong> with the following special conditions:</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;"><span style="font-size: 10pt; line-height: 20px;">1. The </span>project proponent will do colour coding of the pipelines in all the components of the project in compliance of conditions of Environment Clearance.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">2. The project proponent will spend amount Rs. 1 crore in CSR activities in compliance of the conditions of Environment Clearance and submit report along with proof.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">3. The project proponent will install adequate number of mechanical composters for in-situ management of bio-degradable waste generated from the project. The project proponent will maintain the record of operation of composter of 1000 KG/day capacity with regard to the waste is being received from which projects of JLPL, Quantity of waste being received from the different projects and Qty of compost produced and its disposal.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">4. The project proponent will maintain the record of fresh water being supplied in different projects (Falcon View, Sky Garden, Galaxy Height-I & II; IT Twin Tower and 82 industrial park) separately.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">5. The project proponent will comply with the time schedule mention in the PERT chart given by it for installation and commissioning of STP.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">6. The project proponent will provide green and blue bins within the premises and create awareness regarding source segregation of bio-degradable and non-bio-degradable waste.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">7. The project proponent will obtain revised ‘Consent to Operate’ of the Board under Water Act, 1974 due to change in mode of disposal, once the STP of 6 MLD capacity being installed at sector 82 becomes operational.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;"><strong>8. The STP of capacity 100 KLD installed by project proponent shall operate regularly and efficiently to achieve the prescribed standards.</strong></p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">9. The project proponent may also develop the vermicomposting/ composting to manage the biodegradable solid waste. PP shall not throw, burn or bury any solid wastes in open, outside premises or in drain/ water bodies.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">10. The project proponent shall promote use of alternatives of single use plastics (SUP) and awareness to discourage use of plastic, through their Corporate Environment Responsibility (CER) activities.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">11. The project proponent shall ensure that there are no usages of single use plastic- thermocol disposable items such as water bottles / water pouches/water cups, plates, forks, spoons, straw etc. and single use decorating material made of plastic-thermocal or any other non-biodegradable material in the premises.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">12. The project proponent shall properly handle and manage the solid wastages as per the provisions of the Municipal Solid Waste Rules 2016 and ensure that the solid waste is segregated & disposed of in an environmentally sound manner.</p>
<p class="MsoListParagraph" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px; background: white;">The Board has issued revised directions u/s 33-A of the Water Act, 1974 vide Board's letter no. 4246-49 dated 13/7/2022 to the Sub-Registrar-cum-Tehsildar for allowing the project proponent to execute registered sale deeds for the flats upto 31/12/2022. Similarly, the Board vide its letter no. 4242-45 dated 13/7/2022 directed u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 to PSPCL authorities regarding release of electric connection upto 31/12/2022. The project proponent has now applied for the extension in the validity of consent to establish (NOC) granted under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981. The site of the project was visited by officer of the Board and it was observed that</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;">1) The construction work is in progress, at present 600 families are living.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;">2) The project proponent has installed an STP of 100 KLD and the same was not in operation.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;">3) Presently, all the domestic wastewater is going into GMADA STP sector 83, Mohali and after installation of JLP STP of 6 MLD capacity all the wastewater of the Super Mega Mixed Integrated project will be treated in 6 MLD STP.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;">4) The civil work for construction of the proposed site of the STP of 6 MLD has been started at the site and about 70% work has been completed.</p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;">5) The project proponent is not meeting the timelines of installation of STP as submitted in SEIAA with copy to PPCB i.e 31/12/2022. The project proponent has also requested for extension of time upto 30/6/2023. <strong>This terminal STP upgradation work is in progress. It is pertinent mention there that the terminal STP of capacity 45 MLD does not achieve the standard prescribed by the Board for about back three months.</strong> <strong>The upgradation of STP GMADA, Sec-83 will take time and the deadline is 30/6/2023 as submitted by the department around 200 labour lives in the hutment, and the wastewater from the toilets is disposed into a septic tank which is further being cleared through tankers as informed by labour. Further, no mode of disposal of the same in the plantation area.</strong></p>
<p class="MsoNormal" style="margin: 0in 0in 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px; background: white;"><strong>6) The project proponent has not submitted an extended bank guarantee amounting to Rs. 1 Crore as an assurance to complete the activities prescribed in remediation plan and natural and Community Resources augmentation plan.</strong></p>
<p class="MsoListParagraphCxSpFirst" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px; background: white;">The project proponent has claimed that the remaining work will take an additional time period of 6 months as the capacity of the proposed STP has been increased from 2.8 MLD to 6 MLD. SEIAA Punjab has acceded to our request for granting an extension to the timeline of 31/12/2022 to 30/6/2023 for STP installation. The construction work of the pond in Village Bakarpur, Mohali has been completed and only finishing work is going on which will be completed within one month. The project proponent was given a request letter to Member Secretary, SEIAA for extension in the timeline upto 30/6/2023 for construction of STP of 6 MLD instead of 2.8 MLD capacity within the “Super Mega Mixed Use Integrated Industrial Park” Project located at Sector 66A, 82 & 83, Distt. SAS Nagar. <strong>R.O has reported that </strong>the project proponent has also applied for varied CTO vide application no. 211256897 through PBIP portal which was processed to PBIP for granting CTO. However, the application has been returned back to E.E, RO by <strong>PBIP mentioning that the directions may be decided by the Board firstly so that the application under CTO under Water Act, 1974 and Air Act, 1981 may be decided. </strong>It is evident that the project proponent is violating the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 as well as has not complied with the conditions mentioned in the consent to establish (NOC)/ operate earlier granted to it, willfully causing water an air pollution in the vicinity, thus violating the provisions of the said Acts, intentionally and deliberately. It was proposed to refuse the extension in the validity of consent to establish (NOC) from pollution angle applied by the project proponent under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, after affording an opportunity of show cause/ personal hearing. Therefore, the project proponent was served show cause notice for refusal of extension in the validity of consent to establish (NOC) granted under the provisions of Water Act, 1974 and the Air Act, 1981 vide Board's letter no 1591-92 dated 7/3/2023 alongwith an opportunity of personal hearing before the Chairman of the Board on 10/3/2023.</p>
<p class="MsoListParagraphCxSpMiddle" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px; background: white;">It is further intimated that It is intimated that that the SEIAA vide its letter no. 4421 dated 25/6/2021 addressed to the P.P, in which mentioned that "As such M/s Janta Land Promoters Ltd. is allowed to treat the wastewater generated from <strong>Super Mega Mixed Use Integrated Industrial Park Project</strong> (all components), Sectdor 66A, 82 and 83, SAS Nagar in the Sewage Treatment Plant (STP) of GMADA as an interim measure till their 2.8 MLD STP will be made operational." In this regard, the PP has submitted an bank guarantee of Rs. 30 Lakh as an assurance that construction of the STP of capacity 2.8 MLD witin the project site of Super Mega Mixed Use Integarated Industrial Park Project, Sector 66A, 82 & 83, SAS Nagar will be completed with the period of 18 months 17 days i.e. upto 31/12/2022 and had also ensured that they will install a STP of 2.8 MLD capacity well before the 31/12/2022. This matter may also be placed before the Competent Authority of the Board during the hearing for the consideration of the requested to project proponent.</p>
<p class="MsoListParagraph" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px;">The representatives of the project proponent submitted during the hearing that 100 KLD installed by the project proponent has been operating regularly. The work of installation of STP of capacity 6 MLD is under progress and civil work of 80% has been completed. They also informed that wastewater generated form septic tank is collected by project proponent owned tanker and disposed at our STP for treatment.</p>
<p class="MsoListParagraph" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px;"><span style="font-family: Arial, sans-serif; color: #5d5d5d;"> </span>Further intimated that PP has informed that SEIAA has granted the time extension upto 30/6/2023 as the capacity of the proposed STP has been increased from 2.8 MLD to 6 MLD. They have also deposited BG of Rs. 30.0 Lakhs as assurance of commissioning the STP well before the 30/6/2023 with condition that M/s Janta Land Promoters Ltd. is allowed to treat the wastewater generated from Super Mega Mixed Use Integrated Industrial Park Project (all components), Sector 66A, 82 and 83, SAS Nagar in the Sewage Treatment Plant (STP) of GMADA as an interim measure till their proposed STP of capcity 6 MLD." In this regard, the PP has submitted a bank guarantee of Rs. 30 Lakh as an assurance that construction of the STP of capacity 6 MLD within the project site of Super Mega Mixed Use Integrated Industrial Park Project, Sector 66A, 82 & 83, SAS Nagar will be completed by 30/6/2023. The construction work of the pond in Village Bakarpur, Mohali has been completed and only finishing work is going on which will be completed within one month. The project proponent has also installed only one composter of 1000 kg/day capacity in sector 82. Further, project proponent has also applied consent to operate applied under the Water Act, 1974 and the Air Act, 1981</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0in; text-align: justify; text-indent: 1in; line-height: 24px;">After hearing the officers of the Board and the representatives of the project, the Chairman of the Board decided as under:</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">1) The project proponent shall operate its STP of capacity 100 MLD regularly and efficiently as to achieve the effluent standards as prescribed by the Board.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">2) The project proponent shall complete and commissioned STP of capacity 30/6/2023. If fails to commission the STP within the timeline, then bank guarantee amounting to Rs. 30.0 Lakhs deposited by the project proponent shall be encashed without any further notice.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">3) The project proponent shall ensure that the wastewater from the toilets provided to the labour hutments are not clear during the tankers and same will only be used for green area/ plantation after septic tank.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">4) The project proponent shall provide the adequate the stack heights on all the DG set as per norms.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">5) The validity of consent to establish (NOC) granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 be extended upto 30/6/2023.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">6) The consent to operate granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 be renewed upto 30/6/2023.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">7) Directions u/s 33-A of the Water Act, 1974 may be issued to Sub-Registrar-cum- Tehsildar for allowing the project proponent to execute registered sale deeds for the flats till 30/6/2023.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">8) Directions u/s 33-A of the Water Act, 1974 shall be issued to PSPCL regarding release of electric connection till 30/6/2023.</p>
<p class="MsoNormal" style="margin: 0in 0.7pt 0.0001pt 0.5in; text-align: justify; text-indent: -0.5in; line-height: 24px;">7) The Environmental Engineer, Regional Office, SAS Nagar shall visit the industry to verify its statements, to monitor the STP of 100 KLD installed by project proponent, to verify the mode of disposal, to check the progress from time to time of STP 6 MLD and send his report/ recommendations accordingly. It is also requested to monitor rthe terminal STP installed by GMADA as per protocol framed by Board and send the recommendations on merits in case, if fails to achieve the prescribed standards.</p>
<p class="MsoListParagraph" style="margin: 0in 0in 0.0001pt; text-align: justify; text-indent: 1in; line-height: 24px;">If approved, proceedings of the personal hearing as above may be conveyed to the project proponent and Environmental Engineer, PPCB, RO, SAS Nagar for compliance and sending the report, respectively.</p>
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