| File Note: |
Sir, the legal opinion in this case has been obtained from SLO of the Board, which is reproduced as under:-
"Upon examination it is observed that the office Memorandum dated 04.10.2022 issued by the MoEF&CC is self explanatory wherein complete facts have been provided. The word industrial shed mentioned in notification S.O. 3252 (E) dated 22.12.2014 implied buildings. Warehouse, shed (Whether RCC or other wise), which are used for housing machinery of industrial units and or storage of raw material and finished goods and industrial products including but not limited to industrial and factory made products, irrespective of the location and proximity of the industrial shed viz-a-viz any industry. Only the industrial shed having ≥ 1,50,000 sqr mtrs of built up area were required to obtain prior EC under item 8 (b) of the schedule appended to EIA notification 2006 irrespective of the type of industry / utility it houses and otherwise the industrial shed were exempted from the purview of EIA notification 2006.
2. However, the notification dated 22-12-2014 of the MOEFand CC has been quashed by the Hon'ble High Court of kerala Vide order dated 06.03.2024 passed in WP (C) No. 3097 of 2016 in the matter titled as one Earth one Life v/s The MOEF and CC. The MoEF&CC vide office memorandum dated 30.4.2024, has informed all the state Environment Impact Assessment Authorities about the quashing of the Notification, dated 22.12.2014 by the Hon'ble Court of Kerala.
3. In view of the above facts, the exemption available to the Projects in lieu of Notification dated 22.12.2014 of the MOEF and CC Came to end as on 30.4.2024 when the order dated 06-03-2024 of the High Court of Kerala (Quashing of notification 22.12.2014) has been brought to the notice of all the State Environment Impact Assessment Authorities across the Country, by the MOEF&CC vide Office Memorandum No. F.No. 3-85-2016-1A-III [E-81594] dated 30.04.2024.
4. The perusal of note and the record available on file "Confirms the fact that the Project Proponent in the present Case has obtained Certificate of In Principle Approval from the District Nodal Agency (Deputy Commissioner, Patiala) on 26.12.2023 under the provisions of the Punjab Right to Business Act 2020. The In Principle Approval Certificate is Valid for a period of three years and Six months from the date of its issuance i.e. from 26.12.2023 to 25.6.2027. During the Course of validity of the Certificate of In Principle Approval, the Project Proponent shall apply and obtain all applicable regular approval from the concerned departments through of the single window system of Punjab Bureau of Investment Promotion (PBIP).
5. The Project has accordingly been approved by the District Town Planner, Patiala vide Letter no. 2563, DTP (P)/RTB-1/dated 26.12.2023. Relevant approvals will be given by the departments in lieu of the Certificate of In Principal Approval dated 26.12.2023,
6. As on the date of Issuance of the Certificate of In Principle Approval on 26.12.2023, the Project was exempted from the purview of EIA Notification dated 14.09.2006, hence in my opinion, the project is not Required to obtain the Environmental clearance under the provisions of the EIA Notification dated 14.09.2006. Had the In Principle Approval given by the District Nodal Agency after 30.04.2024, then the Project would have been liable to obtain EC under the EIA Notification dated 14.09.2006.
7. In view of the above recorded facts, I am of the opinion that the Board may grant Consent to Establish (NOC) from Pollution angle under the provisions of the Water (Prevention and control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 to the Project Proponent with Suitable Conditions, if the guidelines of PPCB are being fulfilled"". (copy enclosed)
Therefore, in view of the legal opinion given by the Senior Law Officer of the Board, it is clear that the project is not covered under the Ambit of EIA notification dated 14.09.2006, as the project has started its construction after obtaining In Principle Approval from PBIP i.e. well before the MoEF&CC notification dated 30.04.2024.
Moreover, as per DTP & Tehsildar report, the site of project is also complying with the siting guidelines laid down by the Board for such type of project. Hence, is suitable for establishment and operation.
In view of above, recommendation may be sent to PBIP for grant of consent to establish (NOC) under the Water (Prevention & Control of Pollution) Act, 1974 to the project for one year for discharge of domestic effluent @ 4.8 KLD onto land for plantation/irrigation with suitable conditions mentioned in the agenda note.
Competency : CEE (PBIP) |
