| File Note: |
It is submitted that the project proponent has proposed to set up a Residential Colony in the name and style of "Amrit Enclave" comprising of Residential plot 107 and Commercial plot 8 to be developed by M/S Shree Radha Krishana Developers at Sanaur Patiala Road, Distt. Patiala and has applied for obtaining fresh Consent to Establish (NOC) under the Water Act, 1974 and Air Act, 1981 under orange category.
The project proponent has submitted requisite supporting documents i.e. application form, project report, feasibility report, partnership deed, copy of CLU issued by office of the competent Authority Local Government Punjab, land documents, location plan etc.
Project Report:
As per the project report submitted by the project proponent, the project is to be established on land measuring 27709.37 Acre situated at Main Patiala Sanour Road, Distt. Patiala but the project proponent has clarified that the total land area in which the colony is to be developed is 23720.67 sqm or 5.86 acres as per the CLU and License to develop colony issued by the Competent Authority, respectively.
Land Documents:
The project proponent has submitted copy of land registry according to which, the land on which the colony has to be developed is given by Sh. Sewa Singh, Smt. Arvinder Kaur & Others, Sh. Harinder Singh Dhillon to M/S Shree Radha Krishana Developers, Sanaur, Patiala. The project proponent has submitted lease agreement for 12 kanal 15 marle between Smt. Arvinder Kaur and Sh. Sukhwinder Kaur with M/s Shree Radha Krishana Developers The copy of land registries and lease agreement is attached.
Partnership deed:
The project proponent has submitted partnership deed executed on 02.06.2023 according to which Sh. Abhishek Singla, Sh. Harkaran Singh, Sh. Akash Jain and Sh. Sewa Singh are partners of the residential colony.
CLU
The Sewa Singh And Others has obtained Change of Land Use (CLU) for setting up a Residential Colony in the name of "Amrit Enclave" in an area of 23720.67 sqm (46 Kanal, 17.5 Marla) at Village Sanour issued by the Local Government Punjab vide memo no. PB/CLU/PTA/SANAU/1572 dated 05.04.2023. The khasra nos. on which, the residential colony has to be developed is given in the CLU subject to conditions mentioned therein.
The project has to be established in Khasra No. 42//24/1, 24/2; 62//1/ 2, 10;63//4,6,7,14/1, 15/1 in an area of 5.86 acres (46 Kanal 17.5 Marla).
License to develop a colony has been obtained from Competent Authority (Under PAPRA Act, 1995)-Cum-Additional Deputy Commissioner (Urban Development) Patiala vide letter No. ADC(UD)/EO/2023/6784 dated 29.08.2023 and license is granted under the Punjab Apartment and Property Regulation Act, 1995 to o M/s Shree Radha krishana Developers Sanaur, Patiala, Punjab for developing land as Residential Colony in the name and style of Amrit enclave, Sanaur comprising the area 5.86 Acres.
NOC fee
The project proponent has deposited Rs. 11300/- (Rs. 10800/- as NOC fee and Rs. 500/- as application form fee) vide R No. 969806453 dated 20.04.2023 fee against the project cost of Rs. 3.12 cr. as per project report. This NOC fee is adequate for one year.
Requirement of EIA, 2006
The total land area is about 23712.04 sqm (as per application) and total built up area is 20066.96 sqm (as per the application).
As per the Board’s letter no. 10949 dated 09.05.2023 addressed to Joint Director, MoEF&CC, Chandigarh it is mentioned as under:
It is pertinent to mention here that MoEF, Northern Regional Office, Chandigarh vide its letter no. 205 dated 15/4/2019 has 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 Notification, 2006 as amended from time to time.
The view of the Board is as under:
1. For totally plotted projects, the threshold limit for the built-up area (FAR basis) is 150000 Sqm as per clause 8(b).
2. In case, there is plotted project and if the built up area of individual plot in the project is less then 20,000 Sqm and the total built-up area of that project is also less than 1,50,000 Sqm then, the project is not covered under EIA notification dated 14/9/2006. But, if the individual plot area is more than 20,000 Sqm in that plotted project, then the project proponent is bound to obtain environmental clearance under EIA notification dated 14/9/2006.
Further, it is intimated that after issuance of the above said clarification by MoEF vide its letter no. 205 dated 15/4/2019, it is felt that the clause 8 (b) of the EIA Notification, 2006 becomes infructuous.
In view of the position explained above, it is, therefore, requested to clarify the letter no. 205 dated 15/4/2019 w.r.t EIA notification dated 14/9/2006 and point no. 2 of the Board view explained above. Till then, the Board may continue to deal the consent cases as per EIA notification dated 14/9/2006 and the Board view explained at point no. 2 above.
Therefore on the basis of above letter, the project is not covered under EIA notification dated 14.09.2006 or till any clarification is received from MoEF&CC .
Feasibility Report
The project proponent has submitted feasibility report prepared by EVAPO TECH Technical Services and Consultants, Patiala. The details of wastewater consumption and generation is given as under:
Water requirement & Population
Residential Plots 107 Plots 749 People
89880 Ltr
Commercial plots (water requirement for visitors) 8 plots 72 People 1080 ltr
Commercial plots (water requirement for staff) 8 plots 24 people 1080 ltr
Total Flow to STP@ 80% (Domestic water) 92040 ltr (92 KLD) out of which 73632 ltr (74 KLD) to be discharged onto land for plantation
It is pertinent to mention here that the project proponent has taken 7 residents per plot which is appropriate for 4 bed room dwelling unit and above, as per Estimations for Water requirements for Drinking and Domestic use (Source: National Building Code, 2016, BIS). Although all plots cannot be 4 bed room dwelling unit but the proposal of fresh water consumption and wastewater generation on the above basis can be considered and actual consumption as well as generation shall be checked when the project is commissioned. As the project proponent has proposed to install STP based on MBBR followed by tertiary treatment of 80 KLD capacity which is adequate to take load of domestic effluent. The project proponent has proposed that total 74 KLD of domestic effluent will be discharged onto green area in 0.584 acres.
The season wise consumption of water by the green area is given as under:
Season Utilization Details / Hydrolic loading = 80 KL Domestic Effluent per acre
Summer Out of total quantity of 74 KLD of treated effluent to be utilized in the green area of 2364 sq.m,
(5.5 * 2364) sq.m = 13 KLD can be utilized which is less than total quantity of effluent generated
Excess wastewater generated= 61 KLD
The total land required to be developed as per Karnal
Technology = 61/80 = 0.76 acres
Winter Out of total quantity of 74 KLD of treated effluent to be utilized in the green area of 2364 sq. m,
(1.8* 2364) sq. m = 4.2 KLD can be utilized which is less than total quantity of effluent generated.
Excess wastewater generated= 70 KLD
The total land required to be developed as per Karnal
Technology = 70/80 = 0.875 acres.
Rainy Out of total quantity of 74 KLD of treated effluent to be utilized in the green area of 2364 sq. m,
(0.8* 2364) sq. m = 1.8 KLD can be utilized which is less than total quantity of effluent generated.
Excess wastewater generated = 72.2 KLD
The total land required to be developed as per Karnal
Technology = 72.2/80= 0.90 acre.
Therefore, the project proponent is required to develop 0.9 acres additional land as per Karnal Technology. As per the report, the project has submitted that the colony has sufficient green area available for the safe disposal of treated wastewater. Karnal Technology shall be employed for the safe disposal of treated wastewater.
As per the feasibility report, the project proponent shall generate about 80 KG per day of solid waste.
The project site was visited by the undersigned on 17.05.2024 and contacted Sh. Abhishek Singla, representative at site. During visit, it was observed as under
1. The proposed site falls on the location as shown in the site plan and as shown by the representative of the project.
2. Two no. houses were under construction. There is no air polluting industry within a radius of 100 m from the boundary of the project site and there is no MAH industry within a radius of 250 m radius from the boundary of the proposed site.
3. The project proponent was guided to provide additional green area in the unit in order to manage treated domestic effluent.
Therefore, 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 25/7/2008 as amended on 30/10 / 2009.
In a clarification vide Board letter no. 4426-49 dated 05.02.2009, in which it was mentioned that the prescribed distance are to be maintain or not from the various category of above mentioned industries (i.e. rice shellers/saila plant/stone crushers/brick kilns/cement plants/cement grinding units/hot mix plants) for establishments of residential colonies/commercial establishments, was discussed in a meeting held under the chairmanship of Chief Secretary, Punjab on 13.01.2009 and it was decided as under:
a) The distance of 500m and 300m as prescribed in the above mentioned notification for establishment of rice shellers/saila plants/stone crusher and brick kilns/cement plants/cement grinding units/hot mix plants, respectively, would be maintained by the new residential colonies to be established outside the local planning area(LPA) i.e. these notifications would be deemed to be operative vice-versa also.
b) The residential/commercial establishments shall be allowed within the Local Planning area as per the land use prescribed in the master plan/draft master plan of the area irrespective of their distance from the rice shellers/saila plants/stone crushers/ brick kilns/ cement plants/ cement grinding units/ hot mix plants. However, minimum buffer of 15m green belt of broadleaf trees should be provided by the colonizer towards the air polluting industries, boundary of which are located within 100m from the boundary of such projects.
The site falls within LPA of notified master plan, Patiala (as per the notified Master Plan available on PDA website) and no Rice shellers / saila plants/stone crusher and brick kilns/cement plants/cement grinding units/hot mix plants is located within 100 mtr of the project site.
In this case, the project proponent has obtained transfer of Change of Land Use (CLU) and issue of License to develop colony for setting up a Residential Colony and no air polluting industry is located within 100 mtr of the said site. The site is suitable for establishment of the project.
In view of above, if approved, SEE, ZO-1, Patiala may be recommended that consent to establish/NOC be granted to the project proponent for one year with the suitable conditions and following special condition that:
1. The project proponent shall develop the project in the Khasra no. mentioned in the letter issued by Local Government Punjab vide memo no. PB/CLU/PTA/SANAU/1572 dated 05.04.2023.
2. The project proponent shall not undertaken any construction activity without obtaining EC (if applicable) as per EIA notification dated 14.09.2006.
3. The project proponent shall install STP as proposed in the application submitted by it.
4. The project proponent shall develop additional 0.9 acres of land as per Karnal Technology before commissioning the project.
5. The project shall provide flow meter on the submersible pumps and outlet of STP and maintain record of the same at all times.
6. The project proponent shall employee a qualified professional for operation and maintenance of the STP and other environment pollution related matter.
7. The project proponent shall not discharge any treated/untreated wastewater into any drain/inland surface water and shall make proper arrangements for utilization of treated wastewater onto land for plantation/irrigation.
8. The establishment shall obtain permission from PWRDA (if applicable) for abstraction of ground water.
9. The project proponent shall properly handle and manage the solid waste as per the provisions of the 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 in house in an environmentally sound manner and the non- biodegradable solid waste shall also be disposed of to authorized recycler.
10. The project proponent shall comply with the provisions of E-Waste Management Rules, 2022 in true letter and spirit.
11. The project proponent shall comply with the provisions of Plastic Waste Management Rules, 2016 in true letter and spirit.
12. This NOC is granted on the basis of documents/affidavits submitted by the project proponent and if in case, any contention submitted by the project proponent found wrong or false, the consent granted shall stand deemed cancelled without affording an opportunity of show cause. |
