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A. It is intimated that earlier a complaint was received against the subject cited project regarding non-compliance of pollution control norms. To verify the facts, the site of the project was visited by the undersigned on 13.09.2023 and it was observed as under:-
1. The project is a residential colony and has about 270 no. of plots.
2. The representative of the project informed that around 30-35 no. of plots have been occupied.
3. The representative of the project informed that currently the domestic effluent is being collected in a collection tank, which further got lifted through moveable tankers.
4. The representative of the project has submitted copy of orders dated 18.08.2023 passed by the Hon’ble Punjab and Haryana High Court in CWP no. 16559 of 2023 in the matter of some other project mentioning that liability to provide STP in the approved residential colony is of GLADA.
5. The project proponent has not provided bio composter, solid waste is being lifted through outsourcing agency as informed by the representative.
6. Rain water harvesting system has been provided.
7. The project proponent has not obtained CTE/CTO from the Board.
As such, the project proponent was found violating the provisions of Water Act, 1974 and Air Act, 1981. The detailed report has been sent to competent authority through e-office.
B. Thereafter, the project was given personal hearing before the Chief Environmental Engineer, Ludhiana w.r.t. u/s 33-A of the Water Act, 1974 as amended in 1988 and u/s 31-A of the Air Act, 1981 as amended in 1987 on 13.02.2024 vide Board letter no. 1627 dated 01.03.2024 and wherein it was decided that:-
1. 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.
2. 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.
3. 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.
4. The PSPCL authorities shall not release any electric connection for this project or any of its components, with immediate effect.
5. GLADA/ concerned authorities be directed not to issue/ cancel the license/ LoI and not to approve the building/ layout plans for the development of the project. It shall take necessary action to stop the further construction activities related to the project, till the project proponent obtains consent to establish (NOC)/ consents from the Board under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, with immediate effect.
C. Also, directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 has been issued to GLADA vide Board letter no. 1617 dated 01.03.2024 to complying with following directions:-
"That the authorities concerned shall not issue/ cancel the license/ Lol and not to approve the building/ layout plans for the development of the project. It shall take necessary action to stop the further construction activities related to the project, till the project proponent obtains consent to establish (NOC)/ consents from the Board under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, with immediate effect.”
D. Also, directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 has been issued to the Sub-Registrar-Cum-Tehsildar (West), Ludhiana vide Board letter no. 1620 dated 01.03.2024 to complying with following directions:-
“That the authorities concerned shall not allow any sale deed related to any plot/ flat/house/ shop/ any other component of this project with immediate effect."
E. Also, directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 has been issued to the PSPCL authorities vide Board letter no. 1623-24 dated 01.03.2024 to complying with following directions:-
"That the authorities concerned shall not release electric connection /expansion / extension of connection to any plot/ flat/ house/ shop/ any other component of this project with immediate effect."
F. It is submitted that the construction project is covered under small scale orange category as per investment. It is a residential colony with construction project.
G. Now, the project proponent has applied for fresh under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 through OCMMS on 06.03.2024 for residential houses @ 274 Numbers and commercial shop @ 51 Numbers.
H. The project proponent has submitted layout plan approved by STP, Ludhiana vide no. 1197 dated 09.04.2014, as per which the proposal site has total area of 16.78 acres for setting up of residential colony namely Divine City.
I. The project proponent has deposited consent fee of Rs. 1,44,500/- (Rs. 1,26,000/- under Water Act, 1974, Rs. 18,000/- NOC regularization fee, Rs. 500/- form fee vide R.No. 001141578093 dated 24.11.2023 against total gross value of fixed assets of Rs. 7,65,46,098/- as 21.11.2023, which is adequate upto 30.06.2024.
J. The application was scrutinized and it site of the project was visited by the officer of the Board on 14.03.2024 and it was observed as under:-
a. The project proponent has commercial shop @ 51 numbers out of which only 1 shop is constructed and residential plots @ 274 numbers out of which only 30 houses are constructed with approx 160 persons.
b. As per the thumb rule, there will be around 2000 persons occupying the residential colony and around 1500 footfall shall be there in commercial shops, after the full completion of the project.The fresh water requirement shall be around 320 KLD and waste water generation shall be around 256 KLD. However,The project proponent has installed STP of capacity 120 KLD for treatment of domestic effluent generated from the residential colony. The components of the ETP as follows equalization tank, bio reactor, clarifier, pre-filtration tank, filter and final outlet The STP was not in operation at time of visit. The project is only liable for the partial consent in any case.
K. As per the approved layout plan, the total proposed area of project is 16.79 acres (less than 50 ha). The project is being developed in a plotting manner and after considering the FAR the gross built-up area after the completion of the construction of all residential houses, may come out to be 105440 sqm. Which is greater than 20,000 sqm meters.
L. As per the schedule of the EIA notification 2006, at point 8 (b) the township and area development projects covering an area ≥ 50 ha and or built up area ≥1,50,000 sq mtrs requires Environment Clearance from the concerned authority. But as per the MoEF vide its letter no 205 dated 15.04.2019 it is clarified that the projects with a land area of less than 50 ha but a built-up area of more than 20,000 Sqm may be appraised as per provisions of Schedule 8(a) of the EIA Notification2006 as amended from time to time. The Board vide its letter no. 10949 dated 09.05.2023 has sought a clarification from the Joint Director MoEF, Chandigarh on this ambiguity and the reply of the same is awaited. The project has been established without obtaining the environmental clearance.
a. The representative informed that currently 30-40 houses are occupied.
b. The Construction of new houses activities is going on at site.
c. The aeration in the bio reactor was not in operation.
d. It has not provided the pipeline network and neither green area has been developed to utilize the treated effluent.
e. It is not segregating the waste at site but the project proponent has executed an agreement with M/s A2V Infra Services, Ludhiana for lifting of municipal solid waste on daily basis, which is valid upto 31.03.2025.
f. The project proponent has not submitted letter from the GLADA and MCL authorities ,confirming its feasibility to connect its sewer with the MCL sewer having the terminal STP.
g. The project proponent is not complying with the decisions of personal hearing dated 13.02.2024.
h. The project proponent has not applied consent to operate under the Air (Prevention & Control of Pollution) Act, 1981.
i. The project proponent has not complied with the directions issued u/s 33-A of the Water Act,1974 and u/s31-A of the Air Act,1981 till date.
j. The project has been established without obtaining the NOC/Consent to Establish from the Board.
Keeping in view of above, it is proposed that the consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 may be refused due to above reasons.
Competency: SEE, Ludhiana.
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