| File Note: |
The perusal of the office note shows that the premises is having 4 number warehouses which are leased out to various companies like Bosch, Tata, Reliance and Jyoti Labs. The project proponent has obtained permission from the Department of Town and Country Planning Punjab for establishment of Warehouses in total areas of 10.3 acres and has established 4 warehouses in its premises. Total built-up area of warehouse project is approximately 2,75,000 sq.feet (25560 Sq meter). Following recommendations have been made in the case.
a) The PP may be granted CTO under the Water Act, 1974 and the Air Act 1981 upto 31.3.2024 with conditions as under:
i. The PP will abide by the decision of Hon'ble Supreme Court of India in Writ Petition (Civil) no. 1394 of 2023 titled as Vanashakti v/s 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.
ii. 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 31.3.2024.
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.
2) I have examined the case with regard to the applicability of the provisions of EIA notification dated 14.9.2006 upon the project of warehouses. The relevant facts which have emerged after examination of notification dated 22.12.2014, office memorandums dated 5.3.2015 dated 9.6.2015, dated 19.5.2022, dated 4.10.2022 of the Ministry of Environment, Forest and Climate Change, Government of India are summarized herein below:
i) Ministry of Environment, Forest and Climate Change vide Notification S.O. 3252 (E) dated 22/12/2014, amended the item 8 (a) of schedule to the EIA Notification 2006 to state that industrial shed, school, college, hostel for educational institution shall be exempted from requirement of Environmental Clearance (EC) but shall ensure sustainable environmental management, solid and liquid waste management, rainwater harvesting and may use recycled materials such as fly ash bricks. Copy of notification dated 22.12.2014 is placed below.
ii) Subsequently, the Ministry had clarified vide Office Memorandum (O.M) dated 05/03/2015 stating that "The word 'Industrial Shed' implies building (whether RCC or otherwise) which is being used for housing plant and machinery of industrial units and shall include Godowns and buildings connected with production related and other associated activities of the unit in the same premise". The copy of Office Memorandum (O.M) dated 05/03/2015 is placed below.
iii) Further, the Ministry issued an OM dated 9/06/2015 clarifying that Notification dated 22/12/2014 provides exemption to buildings of educational institutions including universities from obtaining prior EC under the provisions of EIA Notification 2006 subject to sustainable environmental management and provided a set of guidelines to be followed for building projects to ensure sustainable environmental management. The copy of OM dated 9/06/2015 is placed below.
iv) In addition to the above, the Ministry vide letter dated 06/09/2016 clarified that the principle is of a dominant purpose. If an Industry is not covered under the EIA Notification 2006 for obtaining prior EC, it shall not be required to obtain prior EC under item 8 of the schedule to the EIA Notification, 2006 if the size of the Industrial shed under which that industry is proposed to be housed is more than 20,000 sq. mtrs of built-up area.
v) Thereafter, the Ministry issued an OM on 19/05/2022 stating that exemption provided for educational institutions vide Ministry's Notification No. S.0.3252 (E) dated 22/12/2014 shall be applicable to all educational institutions covered under the definition of educational institution as mentioned in Noise Pollution (Regulation and Control) Rules, 2000. However, these educational institutions shall strictly implement the guidelines issued vide OM dated 9/06/2015 to ensure sustainable environmental management. Copy of OM dated 19/05/2022 is placed below.
vi) The Ministry, thereafter, was in receipt of representations to exempt warehouses for storage of raw materials and finished goods of all consumption and industrial products including but not limited to industrial and factory-made products (except hazardous materials) from the requirement of prior EC along with industrial sheds, schools / colleges/ hostels for educational institutions as per the provisions contained in item 8(a) of schedule to the EIA Notification, 2006.
vii) The matter has been examined by the Ministry in consultation with the concerned sector appraising Infrastructure Projects. Based on the inputs provided by the concerned sector of the IA Division, and further deliberation, the Ministry deems it necessary to clarify that, the word Industrial Shed mentioned in the Notification S.O. 3252 (E) dated 22/12/2014 implies buildings/ warehouses/ sheds (whether RCC or otherwise) which are used for housing machinery of industrial units and/ or storage of raw materials and finished goods and industrial products including but not limited to industrial and factory-made products, irrespective of the location and proximity of the Industrial Shed vis-a-vis any Industry. These Industrial Sheds shall strictly implement the guidelines issued vide OM dated 9/06/2015 to ensure sustainable environmental management. However, if any of the activities/processes covered in the schedule to the EIA Notification 2006 are housed in the said Industrial Shed, then the same shall be required to obtain prior EC under the provisions of EIA Notification, 2006.
viii) It is further mentioned that if the size of the industrial shed is ≥ 1,50,000 sq.mtrs of built up area it shall be required to obtain prior EC under item 8(b) of schedule to the EIA Notification 2006, irrespective of the type of industry / utility it houses.
ix) In view of the existence of the interim Order issued by High Court of Kerala at Ernakulum [in writ petition W.P. (C) No. 3097 of 2016 (S)] dated 17/09/2020 and 23/11/2020 against the amendment to the EIA Notification, 2006 dated 22/12/2014, this clarification, within the territorial jurisdiction of High Court of Kerla, is subject to the outcome of the said court case.
x) The above clarification as contained in sub paras vi) to ix) has been issued by the MoEFCC vide OM dated 4.10.2022 in supersession of OM no.19-2/2014-IA. dated 05/03/2015. Copy of OM dated 4.10.2022 is placed below.
3) The examination of OM dated 4.10.2022 clearly states that the word Industrial Shed mentioned in the Notification S.O. 3252 (E) dated 22/12/2014 implies buildings/ warehouses/ sheds (whether RCC or otherwise) which are used for housing machinery of industrial units and/ or storage of raw materials and finished goods and industrial products including but not limited to industrial and factory-made products, irrespective of the location and proximity of the Industrial Shed vis-a-vis any Industry. It is further mentioned in the OM that these industrial sheds shall strictly implement the guidelines issued vide OM dated 9/06/2015 to ensure sustainable environmental management. However, if any of the activities/processes covered in the schedule to the EIA Notification 2006 are housed in the said Industrial Shed, then the same shall be required to obtain prior EC under the provisions of EIA Notification, 2006.
4) In view of the above stated facts, I am of the opinion that the industrial sheds which implies building / warehouses / sheds upto the size of 1,50,000 sq.mters of built up area under item 8 (b) of scheduled to the EIA notification 2006, irrespective of the type of industry / utility it houses are exempted from obtaining the prior Environmental Clearance from the competent authority. Environmental Clearance is only required if the built up area exceeds 1,50,000 sq.meters.
5) In the present case the warehouses of the project are having built-up area of 25560 sq meter and hence in my opinion the project is exempted from the purview of EIA notification dated 14.9.2006. However, the project has to implement the guidelines issued by the Ministry of Environment, Forest and Climate Change vide OM dated 9.6.2015 to ensure sustainable environmental management. The case as such may please be considered for grant of consents to operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 subject to the fulfilment of the conditions required for grant of such consents.
|
