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1) It is submitted that the project is a large scale red category residential flats. Earlier, the project proponent was granted consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. ZO-II/LDH/RO-IV/WPC/2012/F-673 dated 28/05/2012, which was extended upto 03/08/2013 for residential flats @ 40 Flats and discharge of domestic effluent @ 21.6 KLD onto land for plantation partly inside its premises and partly is nearby plantations area of 0.4 acres. Consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 was granted vide no. ZO-II/LDH/RO-IV/APC/2012/F-613 dated 28/05/2013, which was extended upto 03/08/2013 for 02 DG sets of capacities (1x160 KVA & 1x225 KVA) with canopy and adequate stack height with certain conditions and special conditions that:
a. Occupancy of flats will not be more than 10 flats.
b. The project proponent shall obtain permission from Central Ground Water Authority for tube well.
c. The project proponent shall comply with conditions as imposed in Environmental Clearance.
2) Thereafter, the project proponent had applied for the renewal of consent to operate under Water Act, 1974 and Air Act, 1981 through OCMMS on 05.04.2017. Further, show cause notice for refusal of consent to operate under Water Act, 1974 and Air Act, 1981 was issued to the project proponent with an opportunity of personal hearing given before the Member Secretary of the Board on 06.07.2017. wherein it was decided as under:-
a. The project proponent shall make necessary amendments in the Environmental Clearance from the Ministry of Environment, Forest & Climate Change (MoEF&CC), Govt. of India, New Delhi, within 15 days, in case, the project proponent intend to obtain the exemption from installing STP and allowing public sewer as the sole mode of disposal as requested by the representative during the hearing.
b. In case, the project proponent will not able to obtain the necessary amendment from the MoEF&CC as decided at Sr. No. 1 above, the project proponent will provide adequate and appropriate STP, within 1 month and shall utilized part of the effluents for plantation and remaining into public sewer as per the stipulations laid down under the Environmental Clearance granted.
c. The project proponent shall use only M.C. supply for water supply as per the conditions laid down under the Environmental Clearance granted. The project proponent shall not operate the submersible pumps without the requisite permission of the Competent Authority. The Board will not be responsible for any loss, in case the Central Ground Water Authority will prohibit the abstraction/use of water or take any legal action on account of non-obtaining of such permission.
d. The project proponent shall provide EMF at the outlet of water supply and to check the effluent being discharged into sewer, flushing/horticultural purpose, within 15 days.
e. The project proponent shall submit compliance report w.r.t the all conditions of Environmental Clearance in annotated form to be verified by the Environmental Engineer, Regional Office-4, Ludhiana.
f. The applications for obtaining consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 submitted by the project proponent shall be decided after the compliance of the above decisions.
g. Environmental Engineer, Regional Office-4, Ludhiana to verify the facts and submit the compliance w.r.t the above decisions as per the time scheduled as decided above.
3) Further, the site of the project was again visited by the officer of the Board on 23.08.2017 and observed that the project proponent was not complying with the decisions of personal hearing dated 06.07.2017. Accordingly, consent to operate under the Water Act, 1974 and the Air Act, 1981 was refused.
4) Now recently, the site of the project was visited by the officer of this office on 21.06.2023 and it was observed as under:-
a. The project proponent has provided total 99 no. of flats.
b. The representative informed that currently 62 no. flats are occupied,
c. The PP was granted exemption from installation of STP from SEIAA, Punjab vide letter no. 887 dated 16.07.2018 subject to the condition that: The waste water after treatment in septic tank will be discharged onto land for plantation. However, the excess treated waste water will be discharged into the sewer system of MCL.
d. All the domestic effluent is being discharged into sewer. The PP has not any provision to use the wastewater for plantation/green belt.
e. The project proponent has installed 02 DG sets of capacity 250 KVA and 125 KVA with canopy and adequate stack height.
f. The project proponent has not obtained renewal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention & Control of Pollution) Act, 1981 despite of notices issued by this office vide no. 598 dated 28.03.2019 and 1869 dated 30.06.2022.
g. As such, the project proponent is not complying with the provision of Water Act, 1974 and Air Act, 1981 as well as conditions of EC granted to it.
h. The detailed report has already sent to competent authority through e-noting no. 22486116.
5) The detailed report as above was sent to competent authority through e-noting no. 22486116. Accordingly, the project proponent was given personal hearing before Chairman of the Board finally on 04.01.2024 u/s 33-A of Water Act, 1974 as amended in 1988 alongwith show cause notice for violations of Air Act, 1981 vide Board letter no. 8393 dated 18.12.2023 and due to non submission of the satisfactory reply to the violation observed during the visit, the competent authority had decided that:
a. The project proponent shall stop the construction activities at the site with immediate effect and stop forthwith discharging any effluent/ wastewater into sewer/ inland surface water/ onto land or through any other mode.
b. The project proponent shall not allow any new occupancy and shall not allow any new possession in the premises of the project, with immediate effect.
c. The Revenue Authorities shall not register any sale deed related to any plot/ flat/ house/ shop/ any other component of this project with immediate effect.
d. The PSPCL authorities shall not release any new electric connection for this project or any of its components, with immediate effect.
e. The GMADA authorities shall cancel the license of the developer issued for the project proponent.
f. The matter as per letter no. 887 dated 16/07/2018 be referred to SEIAA for review in view of various statutory obligation of project proponent.
6) The project proponent has been issued directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide no. 575 dated 23.01.2024 and wherein it has been decided that:
a. The project proponent shall stop the construction activities at the site with immediate effect and stop forthwith discharging any effluent/ wastewater into sewer/ inland surface water/ onto land or through any other mode.
b. The project proponent shall not allow any new occupancy and shall not allow any new possession in the premises of the project, with immediate effect.
c. The Revenue Authorities shall not register any sale deed related to any plot/ flat/ house/ shop/ any other component of this project with immediate effect.
d. The PSPCL authorities shall not release any new electric connection for this project or any of its components, with immediate effect.
e. The GMADA authorities shall cancel the license of the developer issued for the project proponent and shall not sanction any new building plan for this project or any of its components with immediate effect.
7) Also, the directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 has been issued to the Chief Administrator, GLADA, Ferozepur Road, Ludhiana vide Board letter no. 585 dated 23.01.2024 for the cancellation of the license.
8) Also, the directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 has been issued to the Sub-Registrar-cum-Tehsildar (West), Ludhiana vide Board letter no. 582 dated 23.01.2024 to not register any sale deed related to any plot/ flat/ house/ shop/ any other component of this project with immediate effect.
9) Also, the directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 has been issued to the PSPCL authorities vide Board letter no. 577-79 dated 23.01.2024 to not to release any new electric connection for this project or any its components, with immediate effect.
10) Now the, the project proponent has applied for fresh consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention & Control of Pollution) Act, 1981 through OCMMS on 13.02.2024 and submitted a request letter that they have now complied with all the decisions of personal hearing and shall make its continuous compliance and it has further requested that the directions issued to it may be dropped. The application was scrutinized and it site of the project was visited by the officer of the Board on 22.02.2024 and it was observed as under:-
a. The project proponent has provided total 99 no. of flats. No new construction activities was going on at site.
b. The representative informed that currently 62 no. flats are occupied.
c. The project proponent has not installed its individual STP in-lieu of exemption from SEIAA, Punjab vide letter no. 887 dated 16.07.2018 with condition that: The waste water after treatment in septic tank will be discharged onto land for plantation. However, the excess treated waste water will be discharged into the sewer system of MCL.
d. Since, the sewerage network of the project has been connected with MCL sewer network and as per SEIAA, Punjab vide letter no. 887 dated 16.07.2018, the MCL has agreed to take the untreated sewerage from the project in its terminal sewerage treatment plant at village Balloke, having sufficient capacity and the STPs at Balloke, is being monitored by the Regional Office-02, Ludhiana on monthly basis. The STP is found regularly complying with the prescribe standards during last six months. Though, the STP-Baloke is achieving the prescribed standards, in future, the action against the authorities of STP may can be initiated if the STP does not achieve the prescribed standards.
e. The project proponent has now been discharging excess waste water from its septic tank into sewer.
f. The project proponent has installed 02 DG sets of capacity 250 KVA and 125 KVA with canopy and adequate stack height.
g. The project proponent has deposited consent fee of Rs. 4,24,000/- vide R. No. 31/4206 dated 24.03.2017 & Rs. 4,75,000/- vide R.No. HDFCR52024020276006910 dated 02.02.2024 under the Water Act, 1974 and Rs. 4,24,000/- vide R. No. 32/4206 dated 24.03.2017 & Rs. 4,75,000/- vide R.No. HDFCR52024020276006711 dated 02.02.2024 under the Air Act, 1981 against total gross value of fixed assets of Rs. 3178.52 Lacs and plant & machinery of Rs. 28.79 Lacs as 08.02.2024, which is adequate upto 31.03.2025.
Keeping in view of above, the request submitted by the project proponent may be considered and consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention and Control of Pollution) Act, 1981 may be considered for short terms to the upto 31.08.2024 with suitable conditions and following special conditions for regular compliance:-
1. The project proponent shall submit latest compliance report of the environmental clearance granted to it before the expiry of the same.
2. The project proponent shall obtain permission from CGWA for abstraction of ground water (if required) and shall comply with the guidelines issued by it from time to time.
3. The project proponent shall provide adequate capacity of bio composter for management of its wet waste and shall provide adequate arrangement such as waste segregation, compost pits, MRF shed etc for management of municipal solid waste as per Solid waste management Rules, 2016.
4. The project proponent shall fulfill its responsibility as a bulk waste generator and shall comply with the provisions of Solid waste management Rules, 2016.
5. The project proponent shall comply with the provisions of the Noise Pollution (Regulation & Control) Rules 2000.
6. The project proponent shall ensure compliance to the comprehensive guidelines for the regulation of noise/ sound pollution caused by use of loud speakers, public address system etc. issued by Punjab Government, Deptt. of Science, Technology & Environment vide notification no. 3/100/2013-STP(4)/145 dated 26.02.2014.
7. The project proponent shall obtain permission from the concerned Department(s) and shall comply with the conditions of relevant permissions obtained by it from other related Departments (if any).
8. The Consent is being issued to the project proponent based upon the undertakings/documents/ information submitted by it alongwith the online application form. The Board would be at liberty to take penal action against the industry/project proponent and its responsible/ concerned person(s) in case information/document is detected as incorrect/false/misleading at any point of time.
9. In case the project proponent 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.
10. The Regional Office-02, Ludhiana may also be requested to monitor the STPs at Baloke performance as per the Board's protocol and shall recommendations on merits, in case the STP fails to achieve the prescribed standards.
(Copy of requested submitted by the PP has been attached)
Competency: Hon'ble Chairman of the Board.
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