| File Note: |
(A) The project in question is area development project (plotting) in an area of 15.4875 Acres. Total saleable area of the project including residential and commercial is 44057.57 sq yard. In case, we presume minimum F.A.R of 2.1, the built-up area of the project as per FAR is more than 20,000 Sqm, though the project is on the plotting (area development project).
It is pertinent to mention here that in response to the MoEFCC, Northern Regional Office Chandigarh vide letter no. 205 dated 15.04.2019 communication that projects with a land area of less than 50 ha but a built-up area of more than 20,000 sqm, may be appraised as per the provisions of Schedule 8 (a) of the EIA Notification 2006, Board vide letter no. 10949 dated 09.05.2023 has expressed its opinion and sought clarification from MoEFCC and informed to them that till then the Board may continue to deal the consent cases as per EIA notification dated 14/09/2006 and the Board view explained as follows:
1. For totally plotted projects, the threshold limit of the built-up area (FAR basis) is 1,50000 Sqm as per clause 8(b).
2. In case, plotted project and if the built-up area of individual plot in the project is less then 20,000 Sqm and the total built-up area of that project is also less than 1,50000 Sqm then, the project is not covered under EIA notification dated 14/09/2006. But, if the individual plot area is more than 20,000 Sqm in plotted project, then the Project Proponent is bound to obtain environmental clearance EIA notification 14/09/2006
While deciding similar application of “M/s NORTH FLOWERS, a part of Jalandhar Construction Company Limited”, Jalandhar it was decided that the project proponent may be granted consent to establish (NOC) with following special condition that
“In case, at any stage, MoEFCC/SEIAA or any other authority directs that the area development projects having built-up area more than 20,000 Sqm (even on the basis of FAR allowed) requires environment clearance under EIA Notification 2006, then the Project Proponent is bound to obtain environment clearance under the provisions of aforesaid Notification."
(B) Further, in this case, the project proponent has submitted registered lease deed for the land to be utilized for plantation. These deeds are written for a period of 20 to 30 years. As the properties not belong to the project proponent and owners of the land may dissolve the lease deeds or sale the properties to any person at any stage.
In view of the position explained above at A & B, it is proposed that the NOC to the PP may be granted with following addition special conditions:
1. The project proponent is bound to comply with the following condition viz-a-viz E.I.A notification 2006
a) In case, at any stage, MoEFCC/SEIAA or any other authority directs that the area development projects having built-up area more than 20,000 Sqm (even on the basis of FAR allowed) requires environment clearance under EIA Notification 2006, then the Project Proponent is bound to obtain environment clearance under the provisions of aforesaid Notification.
b) In case, the threshold limit of the built-up area (even on FAR basis) is 1,50000 Sqm or more then the Project proponent is bound to obtain Environment Clearance under E.I.A notification 2006 before starting any activity at site.
c) In case, in this plotted project, individual built up area of any plot owner is more than 20,000 Sqm, then the Project Proponent is also bound to obtain environmental clearance EIA notification 14/09/2006 before starting any activity at site.
2 The owners of land shall not sale these properties without prior intimation to the Board and the project proponent shall make alternative arrangements for the utilization/disposal of effluents being generated from the project.
3 Copy of the NOC issued by the Board shall also be endorsed to the owners of the land from whom the land is taken on lease through registered post at their correspondence addresses with the above condition that shall not sale these properties without prior intimation to the Board.
4 Copy of the NOC may also be sent through registered post to concerned Registrar/Sub-Registrar to make necessary entries in their records that the PP has taken land on lease for utilization of treated effluents for plantation mentioning details of land and owners with request to inform the Board, in case the land under lease is intend to be sold by the owners.
Submitted for approval as above, please.
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