| File Note: |
• It is submitted that the hot mix plant was granted consents to operate under the Water Act, 1974 & Air Act, 1981 dated 23.01.2024 (valid upto 31.12.2028) under green category for operation of only RMC plant for manufacturing Ready Mix Concrete @ 320 MTD by using Aggregate Stone, Sand & Cement as raw material……………..
• The project proponent thereafter applied for obtaining 'consent to establish' (NOC) for expansion under the Water Act, 1974 & the Air Act, 1981 for establishment of hot mix plant, Ready Mix Concrete Plant & Wet Mix Macadam Plant…..……….
• The industry submitted a report countersigned by Sub-Divisional Magistrate, Abohar, wherein it was mentioned that the proposed site of the hot mix plant bearing khasra no. 121//8 is located at a distance of more than 200 meter from the National Highway and more than 500 meter from village phirni/lal lakir of village Dunger Khera…………….
• The proposed site of the hot mix plant was visited by the officer of the Board on 27.01.2024 and it was observed that the proposed site bearing khasra no. 121//8 is not meeting with siting guidelines prescribed by the Board vide notification dated 26.04.1999 w.r.t. nearest village phirni/lal lakir and National Highway simultaneously i.e. the distance of 200 meter is achieved from the National Highway only from the North East Corner of khasra no. 121//8, however in this case, the distance of nearby village phirni from this location was only 466 meter and as such the site is not meeting with the siting guidelines……………….
• The Regional Office, Faridkot vide their office letter no. 411 dated 31.01.2024 requested to SDM, Abohar to get the distance of National Highway and phirni/lal lakir of village Dunger Khera re-verified w.r.t. the proposed site bearing khasra no. 121//8 due to difference in the reporting of the distances w.r.t. the said parameters and to send the re-verified report in the matter at the earliest so as to enable the Board to decide the pending NOC application of the industry…………….
• As, the proposed site of the hot mix plant failed to comply with the siting criteria prescribed by the Board vide notification dated 26.04.1999 for establishment of such type of units, show cause notice before refusal of 'Consent to Establish'(NOC) under the provisions of Water Act, 1974 & Air Act, 1981 was issued to the industry alongwith an opportunity of personal hearing before the Senior Environmental Engineer of the Board on 08.02.2024……………
• During hearing, the representative of the industry submitted written reply to the show cause notice issued to it, which has been taken on record. He further submitted that the proposed site of the hot mix plant bearing khasra no. 121//8 is situated at a distance of more than 500 meter from village phirni/lal lakir and more than 200 meter from the National Highway and the status report in the matter has already been issued by the O/o of the SDM, Abohar and requested to grant the consent to establish for establishment of hot mix plant………….
• During the conduct of hearing, the Environmental Engineer, RO, Faridkot was enquired about the receipt of any report from the SDM, Abohar in the matter and it was informed that no such report has yet been received…………..
• Further the matter was discussed with the Chief Environmental Engineer (B) and it was deliberated that as per the report of SDM, Abohar the proposed site of the hot mix plant bearing khasra no. 121//8 is located at a distance of more than 200 meter from the National Highway and more than 500 meter from phirni/lal lakir of village Dunger Khera. Moreover, the proposed hot mix plant is being established on temporary basis for four laning of NHAI road project from Abohar to Fazilka under Bharatmala Pariyojana………….
• After considering the material facts on record and after discussion with Chief Environmental Engineer (B) of the Board, the Senior Environmental Engineer of the Board decided that the application be forwarded to the Higher Authorities for consideration & further orders to conclude the application ………..........
• The CEE(B) submitted vide his note dated 13.02.2024, that the industry has submitted the report of SDM Abhor that the proposed site of Hot Mix Plant bearing Khasra no. 121//8 is located at distance of more than 200 mtrs from the National Highway and more than 500 mtr from Phirni/ lal lakir of village Dungar Khera. Moreover, the proposed Hot Mix plant is being established on temporary basis for four laning of National Highway Authority of India (NHAI) road project from Abhor to Fazilka under Bharat Mala Pariyojna. The matter was discussed with SEE, ZO and it was concluded that the certificate of Revenue Authority through which it has been certified with regard to location of site at distance of more than 200 mtrs from the National Highway and more than 500 mtr from Phirni/ lal lakir of village Dungar Khera should be considered. Keeping in view of above, it is recommended that CTE may be granted to the industry subject to following conditions. i) The industry shall operate the HMP for a shorter period only for the completion of the four laning of National Highway Authority of India (NHAI) road project from Abhor to Fazilka under Bharat Mala Pariyojna. ii) The industry shall ensure that the stack of Hot Mix Plant i.e. the source of air emission should be at the farthest end of the area from the National Highway and Phirni/ lal lakir of village Dungar Khera. Submitted for approval please...................................
• The matter was considered by the Hon'ble Chairman of the Board and accordingly CTE was granted on 14.02.2024 (valid upto 13.02.2025)...................
• Thereafter, the Regional Office processed the e-noting bearing no. 25730538, wherein it was reported that vide email dated 17.05.2024, Sub Divisional Magistrate, Abohar has sent his letter bearing no. 2024/ABH/NHAI/53 dated 17.05.2024, wherein it has been clarified that:- “ਉਪਰੋਕਤ ਵਿਸ਼ੇ ਅਤੇ ਹਵਾਲਾ ਅਧੀਨ ਪੱਤਰ ਰਾਹੀਂ ਆਪ ਵੱਲੋਂ ਮੰਗ ਕੀਤੀ ਗਈ ਰਿਪੋਟਰਟ ਤਹਿਸੀਲਦਾਰ ਅਬੋਹਰ ਪਾਸੋਂ ਲਈ ਗਈ । ਤਹਿਸੀਲਦਾਰ ਅਬੋਹਰ ਵੱਲੋਂ ਰਿਪੋਰਟ ਕੀਤੀ ਗਈ ਕਿ “ਦਰਜ ਖਸਰਾ ਨੰ. 121//8 ਦੀ ਫਿਰਨੀ (ਰੋਡ) ਤੋਂ ਦੂਰੀ 500 ਮੀਟਰ ਤੋਂ ਵੱਧ ਹੈ, ਪਰ ਕਰੋਅ ਫਲਾਈ ਅਨੁਸਾਰ (ਸਿੱਧੀ) ਮਿਣਤੀ ਕੀਤੀ ਜਾਵੇ ਤਾਂ ਦੂਰੀ 500 ਮੀਟਰ ਤੋਂ ਘੱਟ ਬਣਦੀ ਹੈ“ (ਰਿਪੋਰਟ ਦੀ ਕਾਪੀ ਨੱਥੀ ਹੈ) ਇਸ ਤੋਂ ਇਲਾਵਾ ਆਪ ਨੂੰ ਲਿਖਿਆ ਜਾਂਦਾ ਹੈ ਕਿ ਆਪ ਵੱਲੋਂ ਹਵਾਲਾ ਅਧੀਨ ਪੱਤਰ ਰਾਹੀਂ ਭੇਜੀਆ ਹਦਾਇਤਾਂ ਮਿਤੀ 26.04.1999 ਵਿੱਚ ਕਿਤੇ ਵੀ ਸਿੱਧੀ ਮਿਣਤੀ ਦਾ ਜਿਕਰ ਨਾ ਹੈ । ਇਸ ਲਈ ਇਹ ਦਫਤਰ ਪੱਤਰਨੰ. 2739 ਮਿਤੀ 26.09.2023 ਰਾਹੀਂ ਜਾਰੀ NOC ਨਾਲ ਸਹਿਮਤ ਹੈ।...........................
• The Regional office reported in the e-noting no. bearing no. 25730538 that in view of the report of SDM, Abohar dated 17.05.2024, it can be concluded that the straight distance / areal distance of the khasra number 121//8 (site of hot mix plant) is less than 500 meter from the village phirni, as such site of hot mix plant is not meeting with siting guidelines prescribed for establishment of hot mix plant. The e-noting was forwarded to initiate action under the provisions of the Water Act, 1974 & Air Act, 1981 and the Regional Office was requested to submit the latest status at site to further conclude the application.……………
• Now the industry has applied for obtaining CTOs under the Water Act, 1974 & Air Act, 1981 for operation of HMP, RMC & WMM………………..
• The site was visited by the officers of the Board on 24.07.2024 and it has been reported that the HMP/RMC & WWM have been installed at site; however the same were not in operation. HMP has been installed in khasra no. 121//8 i.e. at a maximum distance from lal lakir, cyclone separator followed by bag filter house installed as APCD with the rotary drum of HMP. Fresh saplings planted along the boundary wall. DG set installed with canopy & adequate stack height………………
• In view of above, it is recommended that the report submitted by SDM, Abohar dated 17.05.2024 in reply to the RO, FDK letter no. 411 dated 31.01.2024 (wherein it was requested to SDM, Abohar to get the distance of National Highway and phirni/lal lakir of village Dunger Khera re-verified w.r.t. the proposed site bearing khasra no. 121//8 due to difference in the reporting of the distances w.r.t. the said parameters and to send the re-verified report in the matter at the earliest) be brought into the notice of the Competent Authority before deciding the applications applied by the project proponent for obtaining consents to operate under the Water Act, 1974 & Air Act, 1981.
Competency: Hon'ble Chairman of the Board (as earlier CTE application was granted by the Hon'ble Chairman of the Board.). |
