| File Note: |
Respected Sir
It is submitted as under: -
1. SLO has given legal opinion in the matter and has iterated that since the warehouses of the project are having built-up area of 25560 sq meter and hence in his opinion the project is exempted from the purview of EIA notification dated 14.9.2006 considering OM dated 04.10.2022 of MoEF&CC, GOI which mandates requirement of EC in case of built up area more than 1,50,000 sq meters. 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. Accordingly, SLO has recommended for consideration 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.
2. Further, SEIAA Punjab vide its letter no. SEIAA/MS/2024/MS-276 dated 15.01.2024 has informed about the decision taken by SEIAA Punjab during hearing given to one- M/s M/s KMG Ventures LLP, Village Shamdo, Adjacent Focal Point, Rajpura, Patiala as under: -
“Notification S.0. 3252 (E) dated 22.12.2014 issued by the MoEF&CC provides exemption in respect of "Industrial Sheds" and OM dated 04.10.2022 issued by MoEF&CC only defines industrial sheds to include storage facilities including warehouses etc. However, nowhere in the said clarification dated 04.10.2022, have stand-alone warehouses (which have no link whatsoever to any industry) been exempted from obtaining Environmental Clearance and the said exemption has only been provided in respect of Industrial sheds (including warehouses) which are used for housing machinery of the Industrial Units and/or storage of raw materials and finished goods etc. for any industry. Therefore, co-examination of Notification dated 22.12.2014 and 04.10.2022 establishes that a linkage of the warehouse to an industry is essential for it to be considered as an "Industrial Shed" and thereby exempted from obtaining prior EC. Hence, stand-alone warehouses unlinked with industry are not to be considered as industrial sheds and are required to obtain EC”
A copy of the said letter dated 15.01.2024 is attached herewith for reference. In this case, the warehouses are already leased out to industrial units and/or for storage of raw materials and finished goods etc. for industries such as Bosch, Tata, Reliance and Jyoti Labs.
Keeping in view the above facts, it is recommended as under: -
(i) CTOs may be granted to the warehouse for a period up to 31.03.2024 with special conditions that PP will comply with MoEF&CC OM dated 9.6.2015 to ensure sustainable environmental management.
(ii) 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 up to 31.3.2024.
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