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The report/recommendations of the Regional Office may kindly be perused……………………..
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 AEE of RO 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.
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.
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/Sub-Registrar-Cum-Tehsildar/PSPCL authorities.
Regional Office reported that the construction project is covered under small scale orange category as per investment. It is a residential colony with construction project…………………………………
Now, the project proponent has applied for fresh under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 through OCMMS on 20.04.2024 for residential houses @ 274 Numbers and commercial shop @ 51 Numbers…………………………………..
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………………………………………...
The project proponent has deposited consent fee, which is adequate upto 30.06.2024…………………………..
The project proponent has submitted certificate of compounding of the un-authorized colony namely Divine City at Village Jhande, Tehsil & District Ludhiana (area 16.79 acres) issued by GLADA vide letter no. 8656 dated 27.11.2019………………………….
The project has been established without the Consent to Establish (NOC) from the Board…………………..
The application was scrutinized and the project was visited by the AEE of RO on 22.04.2024 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. 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 after the full completion and occupation of the project.
c. The project proponent has applied for partial consent for 115 KLD discharge based on its present occupancy. It has installed STP of capacity 120 KLD for treatment of domestic effluent generated from the residential colony. The components of the STP as follows equalization tank, bio reactor, clarifier, pre-filtration tank, filter and final outlet The STP has been completed and same is in working mode.
d. There is no MAH industry/cement plant/ grinding unit/ rice sheller/ saila plan/ stone crushing/ screening cum washing unit/ hot mix plant/ brick kiln within a radius of 500 m from the boundary of the proposed site of the project and no air polluting industries within 100 meters radius of the project
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…………………………..
It has provided green cover of around 02 acres consisting of parks, green area along roads etc. The plantation area is adequate for present capacity of discharge (96 to 115 KLD). …………………….
As such, the site of the project is conforming to the sitting guidelines laid down by the Govt. of Punjab, Department of Science Technology and Environment vide order dated 25.07.2008 as amended on 30.10.2009.
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. Around 30-40 houses are presently occupied.
b. The construction of some new houses activities is going on at site.
c. The STP was in operation but due to very low quantity of effluent the sampling could not be connected. d. It has now provided the pipeline network and has developed green area (parks and green strips along road side for utilization of its treated effluent.
e. 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 requested that they have complied with directions issued by the Board regarding installation of STP and development of green area as such its directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and 31-A of the Air (Prevention & Control of Pollution) Act, 1981 may be deferred.
As proposed by Regional Office, if approved:
A. The directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 may be considered for defer.
B. The consent to operate under the under the Air (Prevention & Control of Pollution) Act, 1981 may be granted to project proponent for six month with suitable conditions and with following special conditions:
1. The project proponent shall obtained Environmental clearance from the SEEIA/MoEF&CC as and when required before commencing the construction.
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 develop adequate green area for utilization of treated effluent as per the Karnal Technology.
4. The project proponent 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 industry 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 to establish 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.
Competency: Senior Environmental Engineer
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