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It is submitted that the subject cited establishment is a proposed warehouse project which falls under Green category i.e.3079-Building and construction project having more than 20,000 sq. m built up area and having waste water generation less than 100 KLD established and operated in the name and style of M/s Swift Logistics LLP.
Now, the PP has applied for obtaining fresh consent to establish (NOC) under the Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 for establishment of warehouse in an area measuring 43 Bigha 0 Biswa 4 biswasi in revenue estates of Village Alimajra, Tehsil Rajpura, Distt. Patiala, having built up area of 16914.6707 Sq.mt/day under Green category.
The establishment has submitted that the project was established in an Area of 43 bighe 0 bishwe 4 biswasi in the revenue estate of Village Alimajra, Tehsil Rajpura, Distt. Patiala (H.B.No. 77), for which permission (Classification of Land) was obtained from the competent authority I.e. Department of town & Country Planning, Punjab vide memo no. 1313 dated 28/06/2022. As per the permission obtained, the land of the proposed site falls in the mixed land use zone as well in the industrial land use zone of statutory Master Plan of Rajpura and the said activity (Warehouse project) is permissible under this land zone.
The project proponent has now deposited Rs. 21600/- vide online receipt no. 539761008 dated 06.06.2024 against the project cost of Rs. 721.54 lakh, which is adequate for one year.
Further, the site of the warehouse was visited personally by Er. Vicky Bansal, EE, Er. Mohit Singla, AEE, Er. Harmanjit Singh, JEE (OS). During visit,
1. The establishment is a warehouse project and found under construction.
2. There is another warehouse shed just adjacent to the proposed project with no boundary wall between them.
3. The partner of the firm informed that one shed is under the name & style of M/s Swift Logistics LLP, National Highway Nh-1, Village Alimazra, Patiala (proposed) and second warehouse is established under the name & style of M/s ASAP LOGISTICS LLP, H.B. NO. 137, Alimajra, Distt. Patiala. Both the firms are having same partners.
4. The construction of one shed having built up area of approx 19438.835 approx sq.mt owned by M/s ASAP LOGISTICS LLP has been completed and has been given on lease to M/s Mahindra & Mahindra.
5. 2nd shed having built up area of approximate 16914.6707 Sq.mt. is under construction owned by M/s Swift Logistics LLP and is lying vacant.
6. There is one entry gate to the premises. However, a provision has been kept for 2nd gate.
7. The whole campus is giving common road between both sheds.
8. The representative of the unit also informed that the firms i.e. M/s ASAP LOGISTICS LLP, H.B. NO. 137, Alimajra, Distt. Patiala & M/s Swift Logistics LLP, National Highway Nh-1, Village Alimazra are different firms with separate land registries, separate approved building plans, separate partnership deeds, permission of CLU from Department of Town & Country Planning etc.
9. He informed that electric connection for 1st shed has been taken and electric connection for 2nd shed will be taken separately after its completion.
10. He further informed that both the firms have mutually consented to use common road between these sheds for easy movement of vehicles, hence no boundary wall is provide to separate both units.
Accordingly, the project proponent vide its email dated 26.06.2024 has submitted following documents of M/s ASAP Logistic showing that the said premises is having separate permission from requisite departments for operation of warehouse by the name and style of M/s Swift Logistics LLP, National Highway Nh-1, Village Alimazra (Copies enclosed)
1. CLU
2. SALE DEED
3. FACTORY LICENSE WITH BUILDING PLAN
4. GST certificate
5. Swift PAN Card
6. BUILDING APPROVAL LETTER
7. AGREEMENT BETWEEN SWIFT LOGISTICS AND ASAP LOGISTICS
It is pertinent to mention here that Ministry of Environment, Forest and Climate Change vide Notification S.O. 3252 (E) dated 22/12/2014, amended the item 8 (a) of schedule to the EIA Notification 2006 to state that industrial shed, school, college, hostel for educational institution shall be exempted from requirement of Environmental Clearance (EC).
Subsequently, the Ministry had clarified vide Office Memorandum (O.M) dated 05/03/2015 stating that "The word 'Industrial Shed' implies building (whether RCC or otherwise) which is being used for housing plant and machinery of industrial units and shall include Godowns and buildings connected with production related and other associated activities of the unit in the same premise". Further, Ministry issued an OM dated 9/06/2015 clarifying that Notification dated 22/12/2014 provides exemption to buildings of educational institutions including universities from obtaining prior EC under the provisions of EIA Notification 2006 subject to sustainable environmental management and provided a set of guidelines to be followed for building projects to ensure sustainable environmental management", the relevant part of notification is pasted below for reference:-
"The word "Industrial shed' implies building ( Whether RCC or otherwise) which is being used for housing plant with machinery of industrial units and shall include GODOWNS and buildings connected with production related and other associated activities of the unit in same premises.'
Thereafter, Ministry of Environment Forest & Climate Change vides notification no. F.No. 19-131/2019-IA-III (E 128798) dated 04.10.2022 has issued further clarification regarding exemption of warehouses projects having built up area less than 1,50000 sq.m 2 dated 22.12.2014 We have carefully reviewed the MOEF&CC Notification No. 19-131/2019-IA-III (E 128798) dated 04.10.2022, which provides criteria for exemption from environmental clearance for certain categories of projects, including warehouses
Now, MoEF&CC vide its office memorandum dated 30.04.2024 has circulated copy of orders dated 06.03.2024 passed by Hon'ble High Court of Kerala in WP (C) No. 3097 of 2016 in the matter titled One Earth One Life vs. The Ministry of Environment, Forest and Climate Change & Anr., for compliance. Copy of the same is enclosed herewith. The matter was discussed during 293rd meeting of SEIAA held on 09.05.2024, wherein SEIAA observed that Hon'ble High Court of Kerala vide its order dated 06.03.2024 passed in WP (C) No. 3097 of 2016 has quashed MoEF&CC notification dated 22.12.2014 vide which industrial shed, school, college and hostel for educational institution have been exempted from the purview of EIA Notification, 2006.
Hence, as per the latest guidelines, industrial shed, school, college and hostel for educational institution having built up area more than 20,000 sqm will be covered under the EIA notification dated 14.09.2006
In this case, as per the building plan submitted by the PP for M/s Swift Logistics LLP, National Highway Nh-1, Village Alimazra, Patiala, the total built up area is calculated as 16914.6707 Sq.mt approx. However, the PP has not provided specific boundary wall to its adjacent land where godown of M/s ASAP Logistic LLP is already established. Therefore, without any specific boundary wall between the said two projects, the total built up area will be more than 20,000 sqm.
In this regard, the PP has submitted an agreement executed between ASAP Logistic LLP and M/s Swift Logistic LLP to the effect that
"First Party and Second Party are operating their individual warehouses at H.B. Number 137, Ali Majra, Rajpura. Patiala in Khasta Number as specified in CLU issued by Department of Town and Country Planning vide Memo Number 1243 dated 03.05.2021 and vide Memo No. 1313 dated 28.06.2022 respectively.
Whereas for the sake of convenience and better utilization of land owned by the parties for movement of logistic and vehicles, both parties have agreed to share area of land in between their individual warehouses for better movement of vehicular traffic."
As mentioned above, both the units have different identities and permission for establishment of the warehouse project but have consented to share a common area of land between them as common vehicle movement area.
Therefore, keeping in view of permission and documents obtained for different units, may if approved, Competent Authority may be requested to allow this office for grant to consent to establish to the proposed warehouse having built up area of 16914.6707 Sq.mt under GREEN Category with suitable condition and special condition that the project proponent shall provide boundary wall between the two projects so as to avoid the applicability of EIA notification dated 14.09.2006.
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