| File Note: |
Online agenda note generated.
It is submitted that the project proponent has applied for permission for setting up of club in the office of Chief Administration, PUDA vide dated 21.08.1998.
The project proponent has applied for grant of L-12 C License in the name of WWIC Private Limited dated 07.07.2015. The Board has written letter to the Under Secretary Excise and Taxation Department vide no. 3825 dated 16.07.2015 with recommendations the case may not be considered until it complying with the provisions of Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and EIA notification.
Sequence of events in the matter as submitted by the promoter are as under:
21.08.1998 The Dashmesh Educational Society had moved an application dated August 21, 1998, before Punjab Urban Development Authority (PUDA) under Punjab Periphery Control Act, for setting up of Forest Hill and Country Club within the area of village Karoran, District Ropar over it agricultural land is deemed to have sanctioned having not been rejected in writing within the statutory period of 90 days of its submission as required under the provisions of the Punjab New Capital Periphery Control Act, 1952. Consequential relief of permanent injunction was also sought “restraining the defendants and their agents from interfering in any manner in the works undertaken by the plaintiff over the land and from demolishing the constructions/ developments already made over the suit land forcibily or in any other manner.” Accordingly, the project proponent submitted that they sought permission for setting up a “Forest Hill Country Club Resort” within the area of village Karoran, Tehsil Kharar, District Ropar: the project was with the aim and object of promoting tourism, recreational activities and for public at large without disturbing the natural features rather enhancing the same. On pursuant to the application dated 21.08.198 submitted by it, vide their letter dated 10.09.1998, the project proponent called to submit the site plan / location plan where the country club resort was proposed to set up. Copy of judgement dated 12.10.2004 of Hon’ble Punjab and Haryana High Court is attached as Annexure-1
Now the said Regular Second Appeals No. 4328 of 2002 & 4345 of 2002 are pending at Regular No. 643 before Hon'ble Mr. Justice Anil Khetarpal, Punjab and Haryana High Court.
The project proponent has applied for consent to operate on following dates:
1. 16.06.2017
Observations:
a) The promoter company has not filled the application form correctly. The promoter company has mentioned in the online application form that they have installed complete machinery for which it was granted NOC by the Board, however, as per record file of this office, the promoter company has not obtained Consent to Establish (NOC) of the Board previously, as such, the promoter company is required to clarify regarding the same.
b) Complete name of the promoter company has not been mentioned in the online application form. Further, in the covering letter, name of the promoter company has been mentioned “M/s WWICS Resorts (P) Ltd.”, however, in an undertaking dated 15.06.2017, submitted by the promoter company, name of the promoter company has been mentioned as “M/s WWICS Estates (P) Ltd.”. As such, the promoter company is required to clarify regarding the same and mention the proper and complete name of it in the application form.
c) The promoter company has not submitted original copy of the MoA. Further, the promoter company has not submitted original letter of the self-certified letter mentioning the current list of its directors as on present date.
d) The promoter company has mentioned in the application form that Sh. Baljit Singh is the person authorized to sign the application form, however, the same has been signed by Sh. H.M. Singh. Further, the promoter company has submitted a copy of the resolution dated 27.09.2016, vide which, Col. H.M. Singh has been authorized to sign the documents, however, neither the said resolution has been signed by al the directors and nor the promoter company has submitted original copy of the same.
e) The promoter company has submitted a copy of the C.A. certificate mentioning the total cost of the project, however, the same has not been authenticated by its authorized signatory.
f) The promoter company has mentioned in the online application form that total area of the project is 186155.3 sqm. and built up area is 5824.83 sqm., however, the promoter company has not submitted a copy of the layout plan of the project approved by the Competent Authority.
g) The promoter company has not submitted a copy of the permission of change of Land Use issued to it by the Competent Authority.
h) The promoter company has mentioned in the application form that date of commissioning of the project is October 2016, however, the promoter company has not submitted any proof of the same. Further, during visit to the site of the project in July 2015, it was observed that the project has been made operational, as such, the promoter company is required to clarify regarding the same and submit a proof of date of commissioning of the project. Also, adequacy of consent fee shall be verified after the submission of the same.
i) The promoter company has mentioned in the application form that the construction was started in the year 2002, however, proof regarding the same has not been submitted by the promoter company, as such, adequacy of NOC fee could not be ascertained. Further, as per calculations submitted by the promoter company, the NOC fee is adequate upto 30.09.2016 only.
j) The promoter company has mentioned in the application form that they have executed an MoU for disposal of solid waste with an individual. However, in the said MoU, it has not been mentioned as to what is the actual disposal of the solid waste by the said individual (i.e Sh. Pardheshi). Further, the said agreement is only for kitchen waste, as such, the promoter company is required to clarify as to what shall be the disposal of the non-biodegradable waste being generated from the project.
k) Location of the STP has not been earmarked in the layout plan submitted by the promoter company.
l) The promoter company has submitted a copy of the feasibility report, wherein fresh water demand of the floating population has been taken as 45 lpcd, however, as the said population shall be from banquet halls, buffet building etc., as such, the promoter company is required to consider fresh water consumption as 70 lpcd for the said population.
07.08.2017
Observations:
a) The promoter company has mentioned in the online application form that total area of the project is 186155.3 sqm. and built up area is 5824.83 sqm., however, the promoter company has not submitted a copy of the layout plan of the project approved by the Competent Authority, as such, the details mentioned by the promoter company in the application form could not be verified.
b) The promoter company has not submitted a copy of the permission of change of Land Use issued to it by the Competent Authority. Earlier also, this clarification was raised, to which the promoter company has replied that the project stands sanction by default from GMADA/ PUDA, however, the same does not seem to be in order.
c) Further, in some of the jamabandi submitted by the project proponent along with application form, name of the owners has been mentioned as M/s Dashmesh Education Society and M/s WWICS Ltd. also, as such, the project proponent is required to clarify regarding the same.
d) The promoter company has applied for obtaining Consent to Operate as well as Consent to Establish (NOC) of the Board. However, a perusal of the application made by the promoter company indicates that the construction activity has already been completed at the site on 30.06.2016, as such, the promoter company is required to clarify as to why they have now applied for obtaining Consent to Establish (NOC) of the Board.
e) The promoter company has submitted a copy of the application made by it to the CGWA for abstraction of 66 KLD of groundwater; however, as per the water balance submitted by the promoter company, total fresh water demand of the project is 85 KLD, as such, the project proponent is required to clarify regarding the same.
12.09.2017
Observations:
The promoter company has submitted a copy of the order dated 30.04.2002 passed by the Hon'ble Court of Civil Judge (Senior Division), Rupnagar, in which, it has been mentioned that that the permission is deemed to have been sanctioned, having not been rejected within a period of 90 days, as required under the provisions of the Punjab New Periphery Control Act. However, a perusal of the documents submitted by the promoter company indicated that construction activity was terminated upon by injunction order by the Hon'ble High Court vide order dated 14.02.2003. Further, it is not clear from the documents submitted by the promoter company as to what are the sequence of events in all the said cases. As such, a clarification was raised through online system on 29.09.2017, with the request to the promoter company to submit a proper document mentioning the complete sequence of events in a tabular manner, mentioning the details of the various orders passed by the Hon'ble court of Law in all the cases, within 02 days, so that further necessary action may be taken in the matter.
22.10.2017
The Board has issued Show Cause Notice for refusal of consent to operate under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 with an opportunity of personal hearing dated 15.01.2018 before the Chairman of the Board, Wherein it was decided as under:
a. The promoter will give the exact area of the project to decide as to whether environmental clearance under the provisions of the EIA Notification dated 14.09.2006 is required for the project.
b. RO will verify the written statement given by the promoter.
c. The consent cases be returned and the same will be re-submitted after getting the total area verified from RO, SAS Nagar.
d. RO will submit the latest status of the case pending in the Hon'ble High Court.
e. SEIAA / SEAC also be requested to clarify as to whether the Golf Club having area more than 50 hectare is covered under the provisions of the EIA Notification dated 14.09.2006.
The project proponent was visited on 29.11.2021 and Board has again issued directions u/s 33-A of Water (Prevention & Control of Pollution) Act, 1974 with an opportunity of personal hearing before the Chairman of the Board on 11.04.2022, wherein it was decided as under:
1. The project proponent shall apply for Consent to Establish / NOC for the complete project area.
2. The project proponent shall operate the STP regularly and efficiently so as to achieve the prescribed standards.
3. The project proponent shall use the entire treated wastewater onto land for plantation/irrigation and shall not discharge it into any drain/water body at any time.
4. The Environmental Engineer, Regional Office, SAS Nagar shall process the ‘consent to establish/(NOC) application of the project on merits.
5. The project proponent may also develop the vermicomposting to manage the biodegradable solid waste, Project proponent shall not throw, burn or burry any solid wastes in open, outside premises or In drain / water bodies.
6. 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, (See attached banner).
7. 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.
08.04.2022:
The case was returned due to short coming of documents including land use certificate/ CLU and approved building plan from the concerned authority.
10.08.2022
The project proponent has applied for obtaining fresh consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and same was processed through OCMMS.
The consent to operate applied by the project proponent under Water (Prevention & Control of Pollution) Act, 1974 was refused vide Board’s letter no. CTOW/Fresh/SAS/2022/18754315 dated 14.10.2022 and consent to operate applied under Air (Prevention & Control of Pollution) Act, 1981 was refused vide Board’s letter no. CTOA/Fresh/SAS/2022/18754290 dated 14.10.2022 due to the project proponent was not submitted any concrete proof regarding the establishment of the unit. However, the comments on site suitability could not be given, as it is the prerogative of the Town Planning Department (i.e. GMADA). The project proponent has not obtained any land use certificate from such authority.
Further, an application has been moved in Hon’ble National Green Tribunal by Sh. Rana Iqbal Singh Jolly against M/s Hermitage Farm vide OA No. 161 of 2023, while hearing the said application, the Hon’ble NGT directed in its order dated 14.03.2023 to constitute a joint committee and visit the site and submit report. Accordingly, the site of the Hermitage Farm was visit by the joint committee on 12.05.2023 and report was filed in the Hon’ble NGT on 29.05.2023. As the Hermitage was operating without valid consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, therefore, a show cause notice was issued to the M/s Hermitage Farm alongwith an opportunity of personal hearing. After receipt of notice, the owner of the M/s Hermitage Farm made complaints regarding other units operating in the area like M/s Forest Hill Resort, Cops & Canopy, Billy Goat Butchery and Sukoon.
The site of the project was surprisingly visited by the undersigned on 06.07.2023. During the visit, it was observed as under:
1. The unit was in operation during visit.
2. The property has 1 restaurant with lawn seating capacity 150 seats and is not running full capacity.
3. The property has 2 cottages and 7 cottages (2 rooms each) are under renovation.
4. The property has 02 banquets.
5. The property has 12 holes golf course.
6. The property has 2 manhole lakes of size app. 3 acres each for rainwater harvesting.
7. The property has installed a STP of cap. 100 KLD, aeration was in operation. No flow was at outlet of STP due to low domestic effluent generation.
8. The representative informed that property has developed about 46 acres of land out of 365 acres.
9. About 35-40 marriage functions are being held here.
10. The representative informed that they have liquor license, GST certificate, VAT, PAN.
11. The representative was advised to obtain permission from PWRDA.
The project proponent was not complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and violating the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 intentionally and deliberately.
The project proponent was also not complying with the decisions of the personal hearing given before the worthy Chairman of the Board on 11.04.2022 and operating its unit without having valid permission of the Board under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
Thereafter, the project proponent was issued notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 6882-83 dated 5/9/2023 alongwith an opportunity of personal hearing before Chairman of the Board on 14/9/2023.
The project proponent was given personal hearing before the worthy Chairman of the Board on 21.09.2023, wherein, it was decided as under:
1. Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall obtain legal opinion from the SLO of the Board and thereafter take further action in the matter with regard to grant of consent to operate to the project proponent under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
2. Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall return the application of the project proponent for obtaining consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 as the matter is pending in the Hon’ble Punjab and Haryana High Court.
Meanwhile, the respondent no. 8 M/s The Hermitage in OA No. 161 of 2023 in his reply submitted before the Hon’ble NGT has made following statement against the Forest Hill Resort that:
“That the Answering Respondent No. 8, as an example wishes to refer to “Forest Hill Resort” spread over approx. 700 acres of land adjacent to and in very close proximity of the addressees Applicants mentioned in the cause title of the present petition which organizes various, multiple and on regular basis large, lavish, wild and big gatherings, social functions, marriage functions, concerts, events involving very large gatherings on a very large scale without there being any permission from the competent authorities.”
In above regard, the Board had already filed status report w.r.t. OA. No. 161 of 2023 in the Hon’ble NGT on 03.11.2023.
Thereafter, the Senior Law Office of the Board was requested to give his opinion in the matter as decision of personal hearing held before the Hon’ble Chairman of the Board dated 21.09.2023 through E-Office file no. E- 93886.
Accordingly, the Senior Law Office of the Board was given legal opinion in the matter and same is given as under:
“I have examined the case. The land of village Karoran, Tehsil Kharar, Distt. SAS Nagar has been classified into forest area, delisted land, agriculture land, gair mumkin pahar. The case has been subjected to litigation for a long period of time. The brief facts are recorded herein below:
"The Dashmesh Educational Society had moved an application dated August 21, 1998, before Punjab Urban Development Authority (PUDA) under Punjab Periphery Control Act, for setting up of Forest Hill and Country Club within the area of village Karoran, District Ropar over it agricultural land is deemed to have sanctioned having not been rejected in writing within the statutory period of 90 days of its submission as required under the provisions of the Punjab New Capital Periphery Control Act, 1952. Consequential relief of permanent injunction was also sought "restraining the defendants and their agents from interfering in any manner in the works undertaken by the plaintiff over the land and from demolishing the constructions/ developments already made over the suit land forcibily or in any other manner." Accordingly, the project proponent submitted that they sought permission for setting up a "Forest Hill Country Club Resort" within the area of village Karoran, Tehsil Kharar, District Ropar: the project was with the aim and object of promoting tourism, recreational activities and for public at large without disturbing the natural features rather enhancing the same. On pursuant to the application dated 21.08.1998 submitted by it, vide their letter dated 10.09.1998, the project proponent called to submit the site plan / location plan where the country club resort was proposed to set up.
The case was decided in favour of the applicants by the Lower Court but the findings of the Lower Court were reversed by High Court. The Hon'ble Supreme Court of India however has given judgement and referred the case back to the High Court. The Government of Punjab, Department of Forest & Wildlife Preservation has given approval for Eco Tourism in Village Karoran and Nada. The report given by the Chief Conservator of Forest (Hills), SAS Nagar-cum-Director SFRI Ludhiana has been examined and the relevant part where the cases have been examined with regard to the ownership of the land is reproduced in below:
"The Supreme Court in Civil appeal no. 4682-4683 of 2005 decided on 21/05/2014 set aside the whole judgment of the High Court including any observations passed by the High Court regarding karora areas. The Hon'ble Supreme Court disposed of the Civil Appeal No. 4682-4683 of 2005 vide its order dated 21.05.2014 and has held that mere Notification under PLPA, 1900 will not make a land to be a "Forest Land".
In Para 15 of its Judgment the Honble Court has held to the following effect:-
"The basis of inclusion of the entire area in Village Karoran, District Ropar in the list of Forest Areas in the State of Punjab pursuant to the Order dated 12.2.1996 of this Court in the case of T.N. Godaverman Thirumulkpad Vs. Union of India and others (Supra) is legally not correct."
Further the Hon'ble Supreme Court in para No. 15 of its Judgment also held as under:-
"Similarly, the conclusion of High Court in the Impugned order that entire land In village Karoran, District Ropar, having been notified U/s 3 of PLPA Act, 1900 and being under the regulatory regime of Section 4 and 5 of the said Act is forest land is also legally not correct".
The Hon'ble Supreme Court, has further held that the factual question has to be decided on the basis of the Revenue/Government Records as on 25.10.1980 when the Forest Conservation Act, 1980 came into force.
Relying upon the order dated 21.05.2014 passed by Hon'ble Supreme Court, the Hon'ble Punjab & Haryana High Court in CWP No. 22756 of 2013 vide its order dated 28.05.2014 held that the conditions imposed on the use of land vide Notification dated 13.08.2010 de-listing the land of village 6 Karoran & Nada would only apply if the land is recorded as Forest land in the Government record. In order dated 04.05.2016 & 06.05.2016 (in CACP-13 of 2016), this was further clarified.
Further in compliance of the directions passed in CWP No. 22756 of 2013, a Committee under the Financial Commissioner Revenue gave a report that 40% of the land in Village Karoran was non-forest land (which is approximately 1457 Acres).
Further the Revenue Reports issued for village Nada & Karoran by Naib Tehsildar, Majri dated 23.05.2014 and Deputy Commissioner, Mohali dated 03.07.2014 indicated the correct position in regards to the land of Village Karoran & Nada.
It further found that PLPA 1900 act lands are not forest lands they could be agriculture lands as well. As per the recent judgment of Hon'ble Supreme Court of India dated 12.07.2022 in Civil Appeal No. 10294 of 2013, it was classified that Section 4 of PLPA has trappings section 2 of FCA 1980. Rather Supreme Court observed incase all lands are forests then village karoran cannot exist where golf course is located. The case as per B.S. Sandhu VS. 0.0.1 judgment was remanded back to the high Court for fresh hearing. Supreme Court observed that lands to be declared forests have to be Forest in 1980 when Forest conservation Act 1980 (FCA 1980) was promulgated. It asked the High Court to determine whether the land in question was forest or not on the said date i.e when FCA 1980 came into being. Further opinion had also come on record that PLPA 1900 act lands are not forest lands from the office of advocate general Punjab. High Court also disposed the case remanded to it by the Supreme Court. High Court found that nearly 40 percent of the area is agriculture. Rather then Chief Minister Punjab on 01/03/2006 and head of the Forest Deptt. had also proposed on 6.03.2006 for denotifying the lands from the category of Forests. Supreme court further observed that the lands of karoran village now district SAS Nagar Punjab where golf course is located could be agriculture horticulture or forests as the case may be. In fact Punjab Forest Deptt. Only stated in the supreme Court that the area of golf course i.e. 62 acres is outside the forests. However, it was also realized by the state of Punjab that the area was erroneously marked as forests. Accordingly, a communication was addressed to Center Govt. that area concerning karoran village where golf course is located was infact not forests. Meanwhile Govt. of India delisted the land from the category of the forests and golf course continued to operate. That even state Govt passed the notification for dealisting the lands in 2011. High court further allowed that the on delisted conditions imposed by State Govt. will not be applicable.
The examination of the case revealed that the Board during the personal hearing on 11.04.2022 has asked the project proponent to carry out the following actions:
1. The project proponent shall apply for consent to establish (NOC) for the complete project area.
2. The project proponent shall operate the STP regularly and efficiently so as to achieve the prescribed standards.
3. The project proponent shall use the entire treated wastewater onto land for plantation/irrigation and shall not discharge it into any drain/water body at any time.
4. The Environmental Engineer, Regional Office, SAS Nagar shall process the 'consent to establish'/ (NOC) application of the project on merits.
5. The project proponent may also develop the vermi-composting to manage the biodegradable solid waste, Project proponent shall not throw, burn or burry any solid wastes in open, outside premises or In drain / water bodies.
6. 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, (See attached banner).
The project proponent shall ensure that there are no usages of single use plastic-thermocal 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.
However, as per record, the Board has refused consent to operate to the project proponent on 14.10.2022 due to various observations mentioned therein.
Further examination of the case has revealed that the site of the project visited by the officer of the Board on 06.7.2023 and it was observed as under:
1. The restaurant was in operation during visit.
2. The project proponent is having one restaurant with the lawn seating capacity 150 seats, the two cottages, 7 cottages (2 rooms each) are under renovation, two banquets, 12 holes golf course.
3. The project proponent has installed a STP of capacity 100 KLD and aeration was in operation. No flow was at outlet of STP was observed due to low domestic effluent generation.
4. The representative of the project informed that properly has developed about 46 acres of land out of 365 acres and about 35-40 marriage functions are being held in a year.
5. The representative of project proponent was advised to obtain permission from PWRDA.
The record has revealed that Sh. Davinder Singh Sandhu of Forest Hill Farms, Vill. Karoran, Tehsill Kharar has obtained permission for newly constructed 7 farm stay rooms from the Punjab Heritage and Tourism Promotion Board, Chandigarh. In the given facts and circumstances of the case, it is stated that the larger mandate of the Board is the prevention, control and abatement of Air, Water and Environmental Pollution and the ownership of the land is a separate issue not linked with the Environmental Pollution. I do not find any restriction for grant of consent to operate under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 to the project. In my opinion the Board may grant consent to operate under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 to the owner of the project for 46 acres of land in which one restaurant with the lawn seating capacity 150 seats, the two cottages, 7 cottages, two banquets, 12 holes golf course with suitable conditions in accordance with the Environmental norms. However, it may be clarified in the consents with the imposition of condition that the consent to operate is only granted from pollution angle and the project proponent has to obtain relevant permission from the concerned departments including the Forest Department and GMADA under the relevant laws. If any dispute in future arises with regard to ownership of the land for the construction raised thereon, when the consent to operate granted by the Board will not be a deciding factor.
The opinion is given as above and further action may be taken after approval of the Competent Authority.”
Now, the project proponent has applied for obtaining fresh consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for operation of Individual Hut @ 9, Residential Hut @ 1, Club (Area in sqm) @ 449.17, Office Building (Area in sqm) @ 207.16, Stitching School Building (Area in sqm) @ 448.35, Buffet Building (Area in sqm) @ 200, Banquet Mall (Area in sqm) @ 1097.74 alongwith requisite documents.
The project proponent had deposited Rs. 130500/- vide UTR No. AXISF17128078431 dated 05.08.2017 and Rs. 34500/- vide UTR No. AXSK171640007134 dated 13.06.2017 as NOC fee. The project proponent had deposited Rs. 108500/- vide UTR No. AXSK171640007103 dated 13.06.2017, Rs. 146000/- vide UTR No. AXIC220973870201 dated 07.04.2022, Rs. 296000/- vide UTR No. AXIC232541948134 dated 11.09.2023, Rs. 48000/- vide R. No. 721171688 dated 25.01.2024 & Rs. 146000/- vide R. No. 323626812 dated 01.02.2024 under Air (Prevention & Control of Pollution) Act, 1981 and Rs. 108000/- vide UTR No. AXSK171640007166 dated 13.06.2017, Rs. 144000/- vide UTR No. AXIC220973873726 dated 07.04.2022, Rs. 298500/- vide UTR No. AXIC232541945056 dated 11.09.2023, Rs. 48000/- vide R. No. 975044928 dated 25.01.2024 & Rs. 146000/- vide R. No. 785308142 dated 01.02.2023 under Water (Prevention & Control of Pollution) Act, 1974. The fee deposited by the project proponent is adequate upto 30.09.2030 against the total cost of the project Rs. 1520.48 lacs.
The project proponent has submitted Certificate of Registration issued by Punjab Heritage and Tourism Promotion Board vide certificate no. FTS/2021/00004 dated 18.12.2021 in which it has been mentioned that:
“This is to certify that "Forest Hill Farms”, located at Forest Hill Farms, Village Karoran, Tehsil Kharar, District S.A.S Nagar is owned by Mr. Devinder Sandhu. It is approved under the scheme by Punjab Heritage and Tourism Promotion Board under Gold category.
This certificate is valid till cancellation.”
The project proponent has submitted completion certificate regarding installation of STP of capacity 100 KLD issued by M/s Eco Paryavaran Laboratories & Consultants Pvt. Ltd. on 25.05.2017.
The project proponent has submitted a copy of letter issued by Punjab Heritage and Tourism Promotion Board, Puralek Bhawan, Plot No. 3, Sector-38A, Chandigarh vide no. 703 dated 10.03.2022 in which it has been mentioned that:
“ਆਪ ਜੀ ਵਲੋਂ ਫੋਰੈਸਟ ਹਿੱਲ ਫਾਰਮ ਸਟੇਅ ਦੇ ਸੱਤ ਹੋਰ ਨਵੇਂ ਬਣਾਏ ਕਮਰੇ ਰਜਿਸਟਰਡ ਕਰਵਾਉਣ ਲਈ ਭੇਜੀ ਗਈ ਤਜਵੀਜ ਨੂੰ ਵਿਚਾਰਨ ਉਪਰੰਤ ਪ੍ਰਵਾਨਗੀ ਦਿੱਤੀ ਜਾਦੀ ਹੈ।“
In view of the above as per legal opinion given by the SLO of the Board, may if approved, it is recommended that consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be granted upto 30.09.2030 subject to suitable conditions and following additional conditions that:
1. The consent to operate is only granted from pollution angle and the project proponent has to obtain relevant permission from the concerned departments including the Forest Department and GMADA under the relevant laws. If any dispute in future arises with regard to ownership of the land for the construction raised thereon, when the consent to operate granted by the Board will not be a deciding factor.
2. The project proponent shall provide mechanical composter within one month and shall submit report to Punjab Pollution Control Board.
3. The project proponent shall obtain Environmental Clearance from the Competent Authority, if need be.
4. The project proponent shall perform / promote its Corporate Environment Responsibility (CER) activities as well as use of alternatives of single use plastics (SUP) and awareness to discourage use of plastic.
5. 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-thermocol or any other non-biodegradable material in the premises.
6. 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.
7. The project proponent shall use loudspeakers within permissible decibel limits as given in Noise Pollution Regulation and Control Rules, 2000 till 10:00 pm so that no nuisance is caused to the public.
8. In case the promoter fails to comply with the provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and/or any other environmental law applicable to the project and Rules, Circulars & Directions issued by the Board from time to time, action as deemed fit shall be taken against the promoter.
Competency: Worthy Chairman of the Board (As per hearing given before the worthy Chairman of the Board)
(Deemed approval: 26.02.2024) |
