| File Note: |
In view of report of AEE, it can be concluded as under:
1. The warehouse project has obtained permission from the Deptt.of Town and Country Planning, Govt. of Punjab for establishment of warehouses in a total area of about 10.3 acres and has established 4 warehouses within its premises.
2. The total built up area of this warehouse project is approx. 2,75,000 sqft (25,560 sqm).
3. The PP has deposited consent fee, which is adequate upto 31.03.2024. However, the PP has not deposited penalty fee w.e.f. 01.11.2018. In this regard, the PP can be covered under VDS scheme of the Govt./ Board, which is operative till 31.03.2024, wherein, the PP can be given relaxation for waving of penalty fee by depositing one time notional fee (as the fixed assets of the PP were less than Rs. 10 Cr. at the time of establishment).
4. The PP has not obtained prior EC under EIA notification dated 14.09.2006 for built up area more than 20,000 sqm. MoEF&CC, GoI vide its office memorandum dated 07.07.2021 had framed SoP for identification and handling of violations cases under EIA notification, 2006, wherein, penalty provisions have been specified and directions were given to the SPCBs not to grant / renew CTOs to projects without prior obtaining of EC by the project. Thereafter, MoEF&CC vide its another office memorandum dated 28.01.2022 informed about the stay orders of the office memorandum dated 07.07.2021 by the Hon'ble Supreme Court of India and accordingly, SEIAA / SEAC appraised the applications of all the projects which required prior EC but did not obtain so and started the construction activities / operations. However, this office memorandums dated 28.01.2022 and 07.07.2021 of MoEF&CC, GoI have been stayed by the Hon'ble Supreme Court of India as informed by MoEF&CC,GoI office memorandum dated 08.01.2024. As such, at this point of time, there is no SoP / guidelines for dealing applications of CTO / CTE, where there has been violation of EIA notification dated 14.09.2006.
Thus, in view of report of AEE and my additional comments above, it is recommended as under:
a) The PP may be granted CTO under the Water Act, 1974 and the Air Act, 1981 upto 31.03.2024 with conditions as under:
1. The PP will abide by the decision of Hon’ble Supreme Court of India in Writ Petition (Civil) No. 1394/2023 titled as Vanashakti Vs Union of India and will have to apply for obtaining Environmental Clearance and / or is liable to be prosecuted under relevant sections of Environment (Protection) Act, 1986.
2. The PP will ensure compliance of Environmental Laws at all times.
b) Directions may be issued to the PP as well as PSPCL authorities u/s 33-A of the Water Act, 1974 for temporary restoration of electric connection to the PP for a period upto 31.03.2024.
c) SEIAA / SEAC may be informed about the facts of the case and may be requested to inform the Board about further action to be taken by the Board in such cases as above.
Competency : Hon’ble Chairman
Date of Receipt : 07.02.2024
Date of case process : 09.02.2024
Date of Deemed approval : 01.03.2024 |
