| File Note: |
Ubber Mews Gate ‘Consent to Establish’:
The Regional Office has submitted report in lieu to the application filed by the project proponent.
After perusal of the report sent by RO and the application filed by the project proponent, it was noted as under:
• Earlier, the project proponent was granted fresh consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Fresh/SAS/2019/8510231 dated 20.02.2019 valid upto 30.09.2019 for development of residential project having 365 flats, subject to certain terms and condition mentioned therein.
• Thereafter, the project proponent was granted extension in the validity of consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Ext/SAS/2019/11418708 dated 25.10.2019 valid upto 30.09.2020 extended upto 30.09.2021 and further extended upto 27.12.2023 for development of residential project having 365 flats, subject to certain terms and condition mentioned therein.
• Now, the project proponent has applied for obtaining fresh consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for development of residential project having 365 flats alongwith requisite documents.
• The project proponent has deposited Rs. 128000/- vide R. No. 843554640 dated 14.06.2024 as consent to establish (NOC) fee. The fee deposited by the project proponent is adequate upto 12.01.2026 against the total proposed cost of the project Rs. 5400/- lacs. Further, as per the policy of the Board dated 30.04.2013, the validity of ‘consent to establish' (NOC) can not be extended beyond five years from the date of issuance of the same, in any case. In case, any industry/project promoter applies for extension in the validity of NOC beyond the period of 5 years, then, such industry/project promoter must be asked to apply afresh for NOC from pollution angle and the same will be dealt/processed/decided as per the policies/guidelines prevailing at that time. As such, the project proponent applied for fresh consent to establish (NOC) from pollution angle.
However, it was noted that the project proponent has deposited Consent to Establish fees valid for grant of fresh Consent to Establish + Consent to Establish Extension i.e. for two years and since the last Consent to Establish had expired on 27.12.2023, therefore, the fees deposited is valid upto 26.12.2025 only.
• The project proponent has submitted compliance report of the conditions of the previous granted consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
• Lastly, the project proponent was granted renewal of Consent to Operate under the Water Act, 1974 vide no. CTOW/Renewal/SAS/2022/20311467 dated 02.12.2022 having validity upto 30.09.2025 and under the Air Act, 1981 vide no. CTOA/Renewal/SAS/2022/20311472 dated 24.12.2022 having validity upto 31.03.2025, for occupancy & operation in 188 Flats, subject to certain conditions as mentioned therein.
• The RO mentioned that whilst scrutinizing the application, following observations were pointed out and it was requested to submit the reply through clarification, to which it has submitted point wise reply to the clarification, as under:
S. No. Observations Reply
1. The project proponent has not submitted any detail regarding installation of mechanical composter for the treatment of solid waste generated within the premises. Mechanical Composter will be installed within two months.
2. The project proponent has not submitted any detail regarding providing of open gym in the park at Village Khanpur, Kharar under CSR activity. 10 lacs rupees spend towards CSR. 3 Lacs spend on jute bags distributed in the area and 7 Lacs for plantation and its maintenance.
3. The project proponent has not submitted any detail regarding installation of smog gun. No construction activity is going on only the finishing work being done at site.
The site of the project was visited by the officer of the Regional Office on 20.06.2024 and observed as under:
1. The project proponent has completed 04 blocks/Tower containing (G+3 storied building) having 188 flats and finishing work of 177 flats was under progress.
2. The project proponent has installed STP of Capacity 350 KLD based on SBR Technology. The component of STP consist of bar screen, oil and Grease trap, underground collection tank, SBR tank 1 & 2, pressures and filter, activated carbon filter and clear water tank. The project proponent has also constructed sludge drying pits. The project proponent has installed energy meter with the operation of STP. The project proponent has also installed water meter at the final outlet of STP. The project proponent has made an agreement with the adjoining farmer for the disposal of treated effluent onto land for plantation. The project proponent has developed green area for the disposal of treated effluent into adjoining site of STP. The project proponent has developed 01 lawn area as per their approved layout plan.
3. Presently, ~ 70 families are residing in the residential colonies.
4. The project proponent has installed 01 tubewell at the site and has provided watermeter with the same.
5. The project proponent was advised to maintain record of abstraction of groundwater, wastewater treated in STP, treated wastewater reused and excess discharged onto land for plantation.
6. The project proponent has provided solid waste storage bins within the premises and same is being lifted by the local rag pickers and dumped on MC sites.
7. The project proponent is complying with the NOC condition granted to it under Water (Prevention &Control of Pollution) Act, 1974 and Air (Prevention &Control of Pollution) Act, 1981 and environmental clearance condition for construction purpose.
• The RO has recommended that consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be granted for one-year subject to suitable conditions and following additional conditions that:
1. The project proponent shall install mechanical composter of adequate capacity for the treatment of wet biodegradable solid waste within 02 months.
2. The project proponent shall development of vermicomposting/composting to manage the biodegradable solid waste within 02 months.
3. The project proponent shall provide open gym in the park at Village Khanpur, Kharar under CSR activity with 02 months.
4. The project proponent shall adopt an animal (Elephant/ Hippopotamus/ Royal Bengal Tiger/ Indian Lion) for at least five years at Chattbir Zoo under CSR activities and submit report within one month.
However, whilst processing the application it was noted that a special condition was imposed in the original CTE granted to the project which reads as under: " 2. The promoter company shall obtain revised environmental clearance, if it will construct only 365 no. flats, for which NOC has applied and also comply with the environmental clearance conditions granted to it for construction phase vide letter no. SEIAA/2018/913 registered dated 16.07.2018."
Accordingly, a clarification was raised to the project proponent with request to provide copy of the Environment Clearance granted to the project by the competent authority and also to clarify if any further amendment has been obtained in EC in lieu to the special condition imposed in the original Consent to Establish.
In this regard, the project proponent has submitted reply as under:
“Sir we have already replied while issuing of NOC extension which was accepted by the PPCB. We have got the environmental clearance on conceptual plan and the built-up area has not been increased. Application for EC has been submitted with 431 flats later on we planned only 365 flats for which the approved plan has already been submitted. We have got the NOC for the 365 flats and all the total plot area, activities, population, water requirement, waste water generation, solid waste generation etc has been submitted as per the approved plan and as per the guidelines of PPCB or MoEF. There is no increase in the built-up area so we request you to kindly issue us the NOC.”
The copy of the EC provided was perused and noted that the project was granted EC vide no. SEIAA/2018/913 dated 16.08.2018 for establishment of its group housing project in total land area of 21317 sqm, green area measuring 3208 sqm & with built-up area of 46622 sqm consisting of components as 431 Flats with generation of wastewater @ 233 KLD to be treated in proposed STP of capacity 350 KLD (based on SBR technology) & the treated effluent @ 97 KLD to be reused for flushing purpose, 18 KLD onto Green Area and remaining effluent to be discharged into MC Sewer.
In the present application the project proponent has applied for establishment of its group housing project in total land area of 21317 sqm & with built-up area of 46622 sqm (as per the application form) consisting of components as 365 Flats with generation of wastewater @ 197 KLD to be treated in proposed STP of capacity 350 KLD (based on SBR technology) & the treated effluent @ 64 KLD to be reused for flushing purpose, 22 KLD onto Green Area and remaining effluent @ 111 KLD to be discharged into MC Sewer, as per the last Consent to Establish granted to the project.
However, the approved layout plan from MC authoritires, attached with the application was perused and it was noted that the same has been approved for project in total land area of 229365 sqft or 21317 sqm with built-up area of 458,654.576 sqft (FAR 441398.660 + Non FAR Stilt Parking area 17255.916 sqft) or 42610.04 sqm and consisting of components as Dwelling Units (Flats) @ 365 Nos with green area measuring 42920.06 sqft or 3987.37 sqm.
In this regard, it is brought out that the MoEF&CC, New Delhi vide OM dated 05.05.2022 has informed/ clarified as under:
“5. Accordingly, matter has been examined and it has been decided that any change in configuration/planning/design of the appraised building Project for which EC was granted shall not require amendment of EC, subject to no change in (i) Built Up Area (ii) Floor Area Ratio (FAR) (iii) change in exterior spaces/green belts, parking, walkways and driveways that are covered including attics and outdoor sports courts. Further there shall be no change in the designated use of the building, number of dwelling units, height of the building, number of floors & basements and total excavation of earth of the building/construction/ township/ area development project so as not to require any changes in the already approved Environmental Impact Analysis (EIA) and Environmental Management Plan (EMP).
6. The above dispensation shall be applicable subject to the Project Proponent filing an application in prescribed format on PARIVESH portal and obtaining a self- generated acknowledgement to this effect from the portal.
7. Any addition, alteration, modification in the conceptual plan, as stated at para- 6 of the EIA Notification 2006, for which prior EC was granted other than the changes falling under the category of permissible changes as explained in para 5 above which results in the increase in pollution of any type beyond the approved levels necessitating fresh EIA/EMP shall be treated as Violation and shall be dealt with accordingly as per the provisions of the Office Memorandum dated 7th July 2021.”
Since, the changes in the layout plan has resulted in change in built-up area as well as change in components of the project, the project proponent might be required to obtain amendment in EC. The RO in its visit report has informed that construction work of project is fully complete and finishing work is under progress. Therefore, it is imperative on part of the project proponent to obtain amendment in Environment Clearance in light of the aforement OM of the MoEF&CC or submit clarification from the concerned authority regarding non-requirement of the same. The project proponent was already imposed condition in this regard at the time of grant of fresh Consent to Establish.
In view of the above facts and the report/ recommendations sent by RO; if approved, the fresh Consent to Establish under the provisions of the Water Act, 1974 and the Air Act, 1981 for establishment of Group Housing project in total land area of 21317 sqm with built-up area of 42610.04 sqm & consisting of components as Dwelling Units (Flats) @ 365 Nos, be granted to the project proponent upto 26.12.2025, subject to suitable conditions and the following additional conditions that:
1. This NOC is valid for development of Group Housing project in total land area of 21317 sqm with built-up area of 42610.04 sqm & consisting of components as Dwelling Units (Flats) @ 365 Nos on site for which the layout plan approved by the MC authorities, only.
2. The promoter company shall comply with all terms & conditions mentioned in the Environment Clearance granted by the SEIAA, Punjab vide no. SEIAA/2018/913 dated 16.08.2018, in true letter & spirit.
3. The project proponent shall not carry out any construction activity in aberration to the site plan against which Environmental Clearance granted to it by the SEIAA, Punjab vide no. SEIAA/2018/913 dated 16.08.2018.
4. The project proponent shall obtain amended in the Environment Clearance from the competent authority for the decrease in built-up area from 46622 sqm to 42610.04 sqm & decrease in No. of Flats from 431 to 365, on the basis of layout plan approved by the competent authority.
5. The project proponent shall not carry out any construction in exceedance to the conceptual plan submitted at the time of grant of Environment Clearance to it, to refrain from committing violation & action thereof under the Environment (Protection) Act, 1986.
6. The project proponent will ensure time bound compliance of the CER activities mentioned in the conditions of the Environment Clearance granted under the provisions of the EIA notification, 14/09/2006.
7. The promoter company shall treat the domestic effluent generated in the already installed STP of capacity 350 KLD, as per the EC granted to the project.
8. The project proponent shall ensure that the STP shall be installed in a phased manner viz a viz in the module system designed in a way so as to efficiently treat the wastewater with an increase in its quantity due to rise in occupancy.
9. The project proponent shall ensure to provide adequate arrangements for usage of the treated effluent after STP for flushing purpose @ 64 KLD and shall utilize the treated effluent after STP @ 22 KLD for development of adequate green/ plantation area within premises and only the remaining treated effluent @ 111 KLD shall be allowed for discharge into Sewer, in accordance with the NOC from the competent authority regarding sewerage connection and the Environment Clearance granted to it by SEIAA, Punjab.
10. The project proponent will develop the project on its own risk & cost in regard to disposal arrangement. The project proponent shall be entirely responsible for the arrangement of additional land required for the disposal of treated domestic effluent, if any.
11. The project proponent shall start carrying out complete water auditing of the project on daily basis, immediately, so that the quantity of freshwater consumed and treated effluent utilised for activities like irrigation, dual plumbing, construction purpose can be assessed.
12. The project proponent shall provide separate flow meters after STP on channels/ pipelines carrying treated effluent for reuse in dual plumbing, discharge onto green area and disposal into MC sewer, if not already provided and maintain record regarding the same.
13. The project proponent shall not carry out any activity/ construction at site which obstructs the natural drainage through the site, in wetland and water bodies and the natural drainage system should be maintained for ensuring unrestricted flow of water.
14. The project proponent shall restrict its water consumption, waste water generation and abide by the treatment proposal for wastewater and solid waste, as per the proposal given in the Environmental Clearance issued to the project.
15. The promoter shall also not allow any further occupancy in the project till the time adequate arrangements for effluent treatment & disposal, solid waste handling & disposal are made as well as varied 'consents to operate' under the Water Act, 1974 & the Air Act, 1981 are obtained.
16. The project proponent shall obtain permission from the PWRDA for the abstraction of ground water if required & applicable.
17. The project proponent shall utilize treated wastewater from nearby STPs and/ or existing STPs of its project for the construction purpose.
18. The project proponent shall provide separate water meter and energy meter for the STPs and maintain record of the same on daily basis.
19. The promoter shall provide a buffer zone of green belt (dense populated trees with pleasant fragrance) around the sewage treatment plant(s), so as to reduce the effect of odour problem in its vicinity.
20. The promoter company shall explore the possibility of using treated domestic effluent for useful purpose such as construction work, sprinkling on dusty patches/roads, use in nearby construction activities etc.
21. The project proponent shall properly handle and manage the solid waste as per the provisions of the Municipal Solid Waste Management Rules, 2016 and ensure that the solid waste is segregated into biodegradable and non-biodegradable components. The project proponent shall ensure at source segregation of the solid waste to be generated from its premises, at all times.
22. For biodegradable waste to be generated from the premises, the project proponent shall install mechanical organic waste composter(s) of adequate capacity within a period of three months.
23. The project proponent shall get the non-biodegradable solid waste disposed of at authorised site only, after obtaining permission from the Competent Authority and shall maintain proper record of disposal of the same, at all times.
24. The project proponent shall place adequate no. of storage bins in its premises, from where the municipal solid waste shall be got lifted and transported by the operator of the integrated MSW management facility as and when the facility is established and made operational.
25. The project proponent shall comply with the provisions of the Construction and Demolition Management Rules, 2016.
26. The project proponent shall take adequate steps to the effect that the construction material of any kind that is stored at site shall be fully covered in all respects so that it does not disburse in the air in any form.
27. The project proponent shall ensure that all the construction material and debris shall be carried out in trucks or other vehicles which are fully covered and protected so as to ensure that the construction debris or the construction material does not get disburse into the air or atmosphere in any form.
28. The project proponent will comply with the provisions of E-waste Management Rules, 2016.
29. The project proponent shall ensure that its activities does not create any nuisance in the surrounding areas and no public complaints are received.
30. The Consent is being issued to the project proponent based upon the documents/ information submitted by it alongwith the online application form. The Board would be at liberty to take penal action against the project proponent and its responsible/ concerned person(s) in case information/document is detected as incorrect/false/misleading at any point of time.
31. In case the institute 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 project proponent.
32. The Punjab Pollution Control Board shall not be responsible for any financial liability and/ or any other liability of the project proponent, due to grant of this Consent to Establish.
Detailed Note attached for perusal. |
