| File Note: |
It is submitted that the project proponent is a large-scale red category unit. Earlier, the project was visited by officer of the Board on 26/4/2022 and during visit, it was observed as under:
1. The project site is being developed as logistic park having component commercial, warehouse and retail. The project site is 50 acres.
2. There will be 147 industrial plots, 35 booths and 44 SCOs proposed in the park. The 20 plots was sold off.
3. The work for laying of storm water line and water supply line in the project was under process.
4. The project proponent was provided 5 borewells at the sites.
5. The PP was installed one DG set of 10 KVA capacity without canopy.
6. The PP was constructed one temporary office at the site and around 15 employees are working in the office. The wastewater generated from toilets is disposed of into septic tank.
7. No sewer has been laid in the sector by GMADA.
8. The project proponent is operating without obtaining NOC/ consents of the Board as required under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
Thereafter, the project proponent was issued notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 with an opportunity of personal hearing before worthy Chairman on 18.10.2022, however no representative from the industry came to attend the hearing.
Accordingly, the project proponent was issued directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide letter no. 7116 dated 21.11.2022 as under:
1. The project proponent shall stop all construction activities at 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/ showroom/ any other component of this project, with immediate effect.
4. The PSPCL authorities shall not release any electric connection for this project or to any of its components, with immediate effect.
Thereafter, the project proponent had applied for fresh Consent to Establish under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for development of a commercial cum industrial Project in an area of 50.60 Acre (Warehouse/Industrial - 149 plots, SCO - 44 plots & Booths - 35 plots) and was refused vide no. CTE/Fresh/SAS/2023/21323098 dated 27.04.2023, as the project proponent has already been issued directions due to non-compliance and still not complying with the Environmental law and it had not obtained environmental clearance.
Now, the project proponent has applied for "Consent to Establish" (NOC) for an industrial unit u/s 25 of Water (Prevention & Control of Pollution) Act, 1974 and u/s 21 of Air (Prevention & Control of Pollution) Act, 1981 for development of a commercial cum industrial Project in an area of 50.60 Acre (Warehouse/Industrial - 149 plots, SCO - 44 plots & Booths - 35 plots) @ 228 Nos/day alongwith requisite documents.
NOC Fee
The project proponent has submitted brief project report as per which project cost is Rs. 357.00 crores. The project proponent has already deposited Rs. 3,60,500/- vide UTR no. HDFCR52023020680723749 dated 06.02.2023. The project proponent has now deposited Rs. 3,60,000/- vide no. 72309515 dated 18.04.2024. The NOC fee deposited by the project proponent is adequate for one year.
CLU
The project proponent has submitted permission for CLU issued by CTP, Punjab vide letter no. 168-CTP(PB)/SP-432-M dated 11.01.2017 for Warehouse and Logistic Park project of M/s Akal Infralogics Pvt. Ltd. at village Saneta in Master plan of SAS Nagar in an area of 50.60 acres subject to following conditions:
a) The permission for CLU shall be valid for 2 years from date 17.11.2015 till 16.11.2017 and shall remain in accordance with section 83 of the Punjab Regional Town Planning and Development Act.
b) The rest of the terms and conditions imposed vide CLU approval letter no. 6252-CTP(PB)/SP-432(M) dated 18.11.2013 shall remain the same.
The project proponent has also submitted original CLU approval letter no. 6252-CTP(PB)/SP-432(M) dated 18.11.2013 and the permission of CLU has lapsed on 16.11.2017.
Thereafter the project proponent has submitted permission for extension in CLU by CTP vide no. 4586 dated 13.07.2018 for Ware House and Logistic Park Project of M/s Infralogis Pvt. Ltd. at village Saneta in Master Plan, SAS Nagar (50.60 Acre) in which mentioned that: -
“Any permission granted under this chapter shall remain in force in accordance with the terms and conditions of such permission. In case there is any change in Master Plan of the area for which permission has been granted, the permission so granted, if not availed shall lapse after a period of two years from the date of notification of such change in the Master Plan”
Thereafter the project proponent has submitted permission for NOC for establish the project by CTP vide no. 5388 dated 04.10.2019, in which mentioned that: -
“Any permission granted under this chapter shall remain in force in accordance with the terms and conditions of such permission. In case there is any change in Master Plan of the area for which permission has been granted, the permission so granted, if not availed shall lapse after a period of two years from the date of notification of such change in the Master Plan”
The project proponent has submitted certificate issued from Real Estate Regulatory Authority Punjab vide no. PBRERA-SAS80-P10011 issued from 04/09/2020 valid upto 30/06/2026 with conditions mentioned therein.
License to Develop
The project proponent has submitted license to develop a colony issued vide license no. LDC-36/2020 dated 28.05.2020 which is valid upto 27.05.2025 for developing land as Warehouse and Logistic Park at Village Saneta, Tehsil & Distt. SAS Nagar on a land measuring 50.025 acres.
The project proponent has submitted MOA of the company vide Corporate Identity Number U70109CH2013PTC034467 dated 01.05.2023 for Akal Tech Infralogis Private Limited, Sector-28A, Ground Floor, Chandigarh.
Layout Plan
The project proponent has submitted approved layout plan of the project from CTP, Punjab vide no. 3461CTP(PB)/SP-454 dated 24.05.2018 as per which project is in an area of 50.6 acres & net planned area is 50.025 acres and consists of 149 plots, 44 no. SCOs and 35 Booths. The industrial plotted area is 26.56 acres, commercial area is 1.427 acres, STP area is 0.506 acres, park area is 6.756 acres, roads & open spaces is 14.414 acres.
Water Pollution
The project proponent has submitted feasibility report and as per report the total land area is 50.60 acres. The total population of the project is 3634 persons. The total water requirement of the project is 179 KLD. The project will be generating domestic effluent @ 143 KLD, which will be treated in STP of capacity 150 KLD based on the MBBR technology. The disposal of treated effluent used in green Area & plantation (1 acre as per karnal tech. & 5 acre green parks).
The population of industrial area in 26.56 acres= 100*26.56=2656 persons
Fixed Population for Commercial Unit - 44 x 15 person = 660 persons
(SCO-3 Floors@ 5 persons/Floor)
Fixed Population for Commercial Unit (Booths) - 35 x 5 person = 175 persons
Visiting population of SCOs and Booths= 1.427acre*100=143 persons
Water demand of industrial population (considering canteen facility & bathroom is there)- 2656*45 = 119.520 KLD
Water demand of fixed population of commercial SCOs and Booths = (660+175)*45= 37.575 KLD
Water demand of visiting population of commercial SCOs and Booths= 143*15=21.45 KLD
Total water demand= 119.5 KLD+37.57KLD+21.45KLD= 179 KLD
Total Waste-water generation-= 179*0.8= 143 KLD
Air Pollution
The project proponent has proposed to install one DG set of capacity 32 KVA with canopy and adequate stack height.
Undertaking
The project proponent has submitted the undertaking that:-
1. There will be no industrial activity such as manufacturing of any kind product permitted/ allowed in the upcoming logistic park/ warehouse.
2. We will allot the plots to the individual plot owners for warehouse/ logistics purposes only and construction of the same will be carried out by the plot owners only.
3. We will only carry out project development work such as laying of roads, sewer network, green park and other required amenities.
Applicability of EIA notification 14.9.2006
As per the undertaking submitted by the project proponent the project will be developed as area development project and as such the project is not covered under EIA notification 14.9.2006 as the total area of the project is less than 50 hectares.
Visit
The site of the project was visited by officer of the Board on 13.04.2024 and it was observed as under:
1. The proposed site is located in Village Saneta, Sector 103, SAS Nagar, Mohali
2. The project site is being developed as logistic park having component commercial, warehouse and retail.
3. The project site is located at a distance of around 200 mtr from residential area of village Saneta and adjoining to industrial park M/s A-tech infrastructure pvt. ltd permitted for IT/ITES sector industries.
4. The PP was installed one DG set of 10 KVA capacity with canopy for site office only.
5. The PP was constructed one temporary office at the site and around 15 employees are working in the office. The wastewater generated from toilets is disposed of into septic tank.
6. Compliance of observations during refusal of CTE earlier granted to the project
Sr. No. Earlier Observations Compliance
1. The project proponent has not submitted zoning plan of the type of industries allowed in the project issued by Town & Country Planning department The project proponent has given undertaking that
1. There will be no industrial activity such as manufacturing of any kind product permitted/ allowed in the upcoming logistic park/ warehouse.
2. We will allot the plots to the individual plot owners for warehouse/ logistics purposes only and construction of the same will be carried out by the plot owners only.
2. The project proponent has not obtained Environment Clearance under EIA notification, 14/09/2006 and has further not clarified if it is exempted from the purview of EIA notification, 14/09/2006. In this regard, it is submitted that Industrial Estate of area below 500 ha. and not housing any industry of Category ‘A’ or ‘B’ does not require environmental clearance, here the area is less than 500 ha but the type of industry is not mentioned in the proposal. As per the undertaking submitted by the project proponent it will only carry out project development work such as laying of roads, sewer network, green park and other required amenities and construction on plot will be carried out by individual plot owners. As such the project is not covered under EIA notification 14.9.2006 as the total area of the project is less than 50 hectares.
3. The population calculation done for the industrial plot is not in order as according to Department of Town & Country Planning notification dated 04.03.2014. The population calculation has been revised as per advice in earlier refusal.
4. Capacity of STP proposed is inadequate. Further, the GMADA has not laid sewer in the area, hence the disposal arrangement are inadequate in winter and monsoon. The project has now proposed STP of capacity 150 KLD which is adequate.
Further, the disposal of treated effluent will be onto land for plantation (1 acre as per karnal tech) & 5 acre green parks, which is adequate.
5. Location of STP is not marked on the layout plan. The location of the STP has been earmarked on the approved layout plan.
Recommendations
In view of above, it is recommended that ‘Consent to Establish’ (NOC) applied under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 may be granted upto 30.09.2025 with suitable conditions and special conditions that: -
1. The CTE/NOC has been granted on maximum effluent discharge of 143 KLD and the project proponent shall be bound to obtain revised NOC from the Board, if, in future the effluent generation exceeds the consented discharge.
2. The project proponent shall not allow any manufacturing industry in the project and shall only allot/sell plots for the activities, which are covered under Warehouse and Logistic Park policy of the Government.
3. The project proponent shall specify in the allotment letter issued to the individual buyers that only activities which are allowed under the Warehouse and Logistic Park policy are allowed in the project.
4. The project proponent shall not allow any industry/manufacturing activity or activities covered under the EIA notification 14.9.2006 in the project.
5. The project proponent shall develop the project strictly in accordance with the layout plan approved by CTP, Punjab vide no. 3461CTP(PB)/SP-454 dated 24.05.2018. In case there is any variation in the details mentioned in the layout plan or the same is revised, the project proponent shall obtain revised consent to establish from the Board for any changes.
6. The project proponent shall not provide any occupancy in the project without obtaining the prior permission / consents of the Board and is bound to make adequate arrangement for the disposal of treated domestic effluent before providing any occupancy.
7. The project proponent shall submit the complete drawing and design of the STP and its component at the time of obtaining consent to operate.
8. The project proponent shall place adequate no of bins outside its premises from where the Municipal Solid Waste shall be got lifted.
9. The project proponent shall properly handle and manage the solid waste as per the provisions of the Municipal Solid Waste Management Rules, 2016 and ensure that the solid waste is segregated into biodegradable and non-biodegradable components. The biodegradable component shall be treated by providing on-site facility to produce compost, which will be disposed of/reused in an environmentally sound manner and the non-biodegradable solid waste shall also be disposed of in an environmentally sound manner. The project proponent shall install mechanical composter for the treatment of wet biodegradable solid waste.
10. The project proponent shall also ensure that the hazardous waste and e-waste components of the solid waste shall also be segregated and the same shall be channelized to the authorized facility for such type of waste.
11. The promoter company shall ensure that the total built up area of all individual projects/plots combined together is not more than 1,50,000 sqm, otherwise the project as such is covered under category 8(b) of the schedule appended to the EIA notification and project proponent of the area development project is required to obtain the environmental clearance, failure which, the promoter company shall be liable for action for the violation of EIA notification dated 14/09/2006.
12. The promoter company shall ensure that the total built up area of construction being carried out by it or any different builders may not be greater than 20,000 sqm, otherwise the project as such is covered under category 8(a) of the schedule appended to the EIA notification and project proponent of the building and construction project is required to obtain the environmental clearance, failure which, the promoter company/builder shall be liable for action for the violation of EIA notification dated 14/09/2006.
13. The project proponent shall comply with the provisions of the Construction and Demolition Management Rules, 2016.
14. The project proponent shall take adequate steps to the effect that the construction material of any kind that is stored at site shall be fully covered in all respects so that it does not disburse in the air in any form.
15. The project proponent shall ensure that all the construction material and debris shall be carried out in trucks or other vehicles which are fully covered and protected so as to ensure that the construction debris or the construction material does not get disburse into the air or atmosphere in any form.
16. The project proponent shall take all necessary steps to control the dust emissions to be generated from the construction activities of the project.
17. The NOC/ CTE has been granted on the basis of information filed by the project proponent and if, in future any information is found wrong, the Board has right to revoke the NOC/ CTE and take penal action against the project proponent and its responsible person. The Punjab Pollution Control Board shall not be responsible for any financial liability and /or any other liability of the project proponent due to grant of this consent to establish.
*Competency Hon’ble Chairman of the Board
Date of Receipt: 11.03.2024
Date of Scrutiny: 12.03.2024
Date of Deemed Approval: 20.04.2024 |
