| File Note: |
The residential colony had applied for obtaining ‘Consent to Establish’/NOC from the Board for establishment of residential colony in an area of 3.68 acres (for development of 35 residential plots) bearing khasra no: 21//6/1, 6/2, 7/1, 15, 22//10/2, 11/1, 20, 21// 16/1, 7/3,14, 16/2, 17, 5/2 & 19// 15/2/1, 16/1/2, 25/2/1 in the revenue estate of village Ayali Khurd, Tehsil Ludhiana West, District Ludhiana.
The application of the residential colony was examined and it was observed as under:
1. The project proponent has installed sewer line in the entire colony which is presently connected to septic tanks constructed by the project proponent. There is no connection of this sewer line with GLADA sewer line.
2. The project proponent has no arrangement for disposal of its treated domestic effluent as there is no park / green area in the colony. Also, there is no plantation/proposed land.
3. Total area of plots of residential colonies is 2.78 acres and by FAR of 2.1, total covered area of the project will be 23626 m2. As the land area of the project is less than 50 Ha and builtup area is more than 20,000 m2, it is covered under Schedule 8 (a) of the EIA Notification, 2006 as per MoEF, Northern Regional Office, Chandigarh’s letter no. 205 dated 15.04.2019. However, the colony has not applied for Environmental Clearance under the EIA notification dated 14.09.2006.
Accordingly, notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 as amended in 1988 alongwith show cause notice for refusal of consent to establish (NOC) under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to the industry with opportunity of personal hearing before the Chief Environmental Engineer, Ludhiana on 11.09.2023 and it was decided as under:
1. The Consent to Establish (NOC) applied by the industry under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 be refused.
2. File be put up to the Worthy Chairman of the Board for issuing notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 for its closure alongwith an opportunity of personal hearing.
The ‘Consent to Establish’ (NOC) under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was refused vide no. CTE/Fresh/LDH3/2023/21976591 dated 30.09.2023.
Thereafter, notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 as amended in 1988 was issued to the industry with an opportunity of personal hearing before the Hon’ble Chairman of the Board on 08.12.2023 and it was decided as under:
1. The project proponent shall obtain permission from SEIAA, Punjab to the effect as to whether the project is required to obtain Environmental Clearance under the provisions of EIA notification dated 14.09.2006 or not.
2. Directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 as amended in 1987 be confirmed as follows:
a. 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.
b. 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.
c. 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.
d. The PSPCL authorities shall not release any electric connection for this project or any of its components, with immediate effect.
e. GLADA / Municipal Corporation authorities be directed not to issue license and not to approve building/ layout plans for the development of the project any of its components / houses / flats / commercial establishments. Authorities shall also 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.
Accordingly, the above directions were issued u/s 33-A of the Water Act, 1974 vide letter no. 269-270 dated 11.01.2024 to industry, vide no. 271 dated 11.01.2024 to GLADA, vide no. 274-75 dated 11.01.2024 to the PSPCL Authorities and vide no. 278 dated 11.01.2024 to the Tehsildar, Ludhiana.
Now, the residential colony has again applied for obtaining ‘Consent to Establish’/NOC from the Board for establishment of residential colony in an area of 3.68 acres (for development of 35 residential plots) bearing khasra no: 21//6/1, 6/2, 7/1, 15, 22//10/2, 11/1, 20, 21// 16/1, 7/3,14, 16/2, 17, 5/2 & 19// 15/2/1, 16/1/2, 25/2/1 in the revenue estate of village Ayali Khurd, Tehsil Ludhiana West, District Ludhiana.
Detail of the case is as under:
1. The project proponent has already submitted compounding certificate for illegal colony issued by the Chief Administrator, GLADA issued vide memo no: E.O. (R)/GLADA/LDH/2016/3645 dated 07.06.2016 for colony namely “M/s Oak Wood Avenue” for an area of 3.68 acres (35 residential plots) in the revenue estate of village Ayali Khurd, Tehsil Ludhiana West, District Ludhiana.
2. Layout plan of the colony has been approved by the Senior Town Planner, Ludhiana vide letter no 471 dated 08.02.2016. As per this layout plan, total area of 35 plots is 13457 yards (2.78 acres). Area left for common purposes is 0.9 acres and this area will be used under roads, water supply and STP plant.
3. There is no park/green area in the colony as per approved layout plan.
4. The residential colony has deposited Rs. 3600/- as NOC fee vide UTR No. HS92313002252910 dated 10.05.2023, which is adequate for project cost of 59.10 lacs (Orange category).
5. The project proponent has submitted that the total ground floor area of all 35 residential plots is 13457 square yards or 11252 square meters. With FAR 2.1, the built-up area will be 23626 square meters. The PP has submitted affidavits from 17 plot owners that they will build Ground floor and 1st floor only. The project proponent has submitted details as well as affidavits in this regard. Total area under these 17 plots is 6598 square yards or 5516 square meters. FAR for these 17 plots will be 1.4 as only two floors will be developed and thus built-up area of these 17 plots will be 1.4 x 516 = 7722.4 square meters. Plot area of remaining 18 plots is 11252 – 5516 = 5736 square yards and Built-up area of these remaining 18 plots will be 2.1 x 5736 = 12045.6 square meters. Thus, total built-up area of colony will be 7722.4 + 12045.6 = 19768 square meters which is less than 20000 square meters.
Detail of 17 plot owners which have submitted affidavits is as under:
S. No Owner Plot no Total Area Sq. yard Affidavit issued vide E-Stamp
1. Kamaljit Kaur 10,11,12,13 1000 IN-PB43717266607841V dated 25.09.2023
2. Ajaib Singh 5,14,18 750 IN-PB437182540000041V dated 25.09.2023
3. Ramandeep singh 27,28,35 2098 IN-PB43719230518743V dated 25.09.2023
4. Amarjit kaur 23,24,25,26 2000 IN-PB43720499643505V dated 25.09.2023
5. Anumeet kaur 15 250 IN-PB437212249686309V dated 25.09.2023
6. Mandeep singh 6,7 500 IN-PB43722352984154V dated 25.09.2023
Total 17 plots 6598 square yard = 5516 square meters
The residential colony was visited by undersigned on 24.06.2024 and it was observed as under:
1. The residential colony is located in the revenue estate of village Ayali Khurd along R.H.S of Sidhwan Canal, backside of Sacred Heart Convent School.
2. There are 35 residential plots in the colony and all plots are vacant. The project proponent has developed plots, roads, installed street lights, and earmarked land for water supply and STP. No building has been constructed in the entire colony.
3. The project proponent has installed sewer line in the entire colony which is presently connected to septic tanks constructed by the project proponent. The project proponent has earmarked its site for STP for treatment of its domestic waste water before discharging into sewer line of GLADA which is passing adjacent to the residential colony near Sacred Heart Convent School. Estimated discharge of the colony will be 70.8 KLD.
4. There is no park/ green area in the colony and project proponent has no plantation/proposed land for discharge of treated domestic water. Only possibility of discharge of treated water is into GLADA sewer.
Keeping the above in view, it is recommended that the application of residential colony for obtaining ‘Consent to Establish’ /NOC for establishment of residential colony in an area of 3.68 acres (for 35 residential plots) may be granted for 01 year subject to suitable conditions and special conditions as under:
1. This NOC is issued for setting up of residential project in a total area of 3.68 acres with total built up area of 19765 square meter in the revenue estate of Village Ayali Khurd, Ludhiana.
2. The project proponent shall comply with the bye laws/ zoning guidelines, as prescribed by the Department of Town & Country Planning, Punjab / GLADA.
3. The project proponent shall obtain permission from GLADA for discharge of its treated trade effluent into serwer line of GLADA.
4. The project proponent shall obtain permission from PWRDA for abstraction of groundwater and shall comply with the guidelines issued by it from time to time.
5. The Project Proponent will comply with all the conditions imposed by Chief Administrator, GLADA in its compounding certificate issued for illegal colony issued by the issued vide memo no: E.O. (R)/GLADA/LDH/2016/3645 dated 07.06.2016.
6. The promoter company shall comply with the provisions of the Construction and Demolition Management Rules, 2016.
7. The project proponent shall obtain permission(s) from all the concerned department(s), as required.
8. This NOC 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.
|
