| File Note: |
Sub: Proceedings of the personal hearing given by Chairman of the Board on 23.07.2024 for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981- M/s Eldeco Infrastructure and Properties Limited, Residential Township namely Eldeco Estate One, At Village-Rajpura, Husssainpura and Bhatian, Ludhiana.
The following were present:
On behalf of PPCB
Er. G.S. Majithia, Member Secretary
Er. Pardeep Gupta, CEE, Ludhiana
Er. Kuldeep Singh, SEE, ZO-2, Ludhiana
Er. Nikhil Gupta, EE, ZO-2, Ludhiana
On behalf of the project proponent
Sh. Ravinder Singh, G.M.
The Environmental Engineer, Zonal Office-2, Ludhiana, brought out that the residential colony was granted ‘Consent to Operate’ under the Water Act, 1974 vide no: CTOW/Renewal/LDH3/2023/22168180 dated 02.08.2023, upto 31.01.2024 and under the Air Act, 1981 vide no. CTOA/Renewal/LDH3/2023/22168945 dated 02.08.2023, upto 31.01.2024 for operation of residential colony (Residential Colony - 300 plots, 01 club, 01 dispensary and 10 shops and total land area of 47465 square meters) along with Domestic effluent @ 429.0 KLD ( out of which 160 KLD shall be utilized for flushing and remaining 261 KLD shall be utilized onto land for plantation / horticulture after treatment in STP) subject to suitable condition along with following special conditions:
1. The residential colony shall not discharge any effluent into land reserve for school.
2. The residential colony shall not discharge any effluent into rain water harvesting pits.
3. The residential colony shall maintain proper record regarding waste water generation, treated water discharged into 04 acres 06 kanals land, treated water discharged into parks and green areas and treated water re-used for flushing purpose.
4. The promoter company shall ensure that it complies with the conditions of Water (Prevention & Control of Pollution) Act, 1974 and a suitable mechanism be created so that it is ensured that even if the project is handed over to the resident welfare Association, the STP is in operation and treated effluent is utilized onto land for plantation as per the EC conditions and the consent conditions. Also, a suitable condition in this regard be imposed while handing over the project to the Resident Welfare Association, in absence of which the agreement for handing over the project to the RWA shall not have any legal validity and the promoter company shall only be responsible for any violation observed thereafter.
5. The promoter company shall obtain amendment in the Environmental Clearance in case it changes its mode of disposal of treated wastewater any time in future.
Earlier, many complaints were received by the Board regarding unauthorized disposal of the untreated domestic effluent. Accordingly, the project proponent was afforded personal hearing before the Chairman of the Board many a times in the past and accordingly following directions were passed by the Board to PSPCL / Revenue Authorities / GLADA:
1. “That Authorities concerned shall not issue any new electric connection to any plot/flat/house/shop/any other component of this project with immediate effect.”
2. “That Authorities concerned shall not register any sale deed related to any plot/flat/house/shop/any other component of this project with immediate effect.”
3. “That Authorities concerned shall not connect the effluent of any project/ establishment with the Municipal Sewer of Ludhiana till the commissioning of New STP’s of Ludhiana and having Municipal Corporation, Ludhiana had adequate treatment capacity for domestic effluent. The existing STP’s are already under capacity and untreated effluent is being discharged into Buddha Nallah and ultimately into River Sutlej with immediate effect.
4. "That Authorities concerned shall not sanction any new building plans in the residential colony for any plot/flat/house/shop/any other component of this project with immediate effect.”
The said Directions were dropped after approval from the Competent Authority in light of compliances as submitted by the Regional Office in the consent application.
Earlier, in the personal hearing afforded to the promoter company by the Chairman of the Board on 07.07.2022, it was decided that prosecution be filed against the project proponent for violation of the conditions of Environmental Clearance obtained by the promoter company and for violation of the provisions of Water (Prevention & Control of Pollution) Act, 1974. However, in the previous consent application, it was decided the matter for not taking legal action against the project proponent be referred to the Senior Law Officer (SLO). The file was put up to the SLO which is pending with the Regional Office at present.
Earlier, in the personal hearing afforded to the project proponent it was decided that "the Environmental Compensation be imposed to the project proponent for above said violation under the Water (Prevention & Control of Pollution) Act, 1974 and for violation of Environmental Clearance granted to the project. The Environmental Engineer, Regional Office-3, Ludhiana shall calculate Environmental Compensation (EC) for the no. of days of violations, get it verified from EC Committee constituted by the Board within 07 days. A separate order for the imposition of EC shall be passed, accordingly." The file in this regard has already been put up to the higher authorities through E-office note no. 182177 which is pending with the Environmental Engineer, HQ.
Thereafter, a CWP no: 29160 of 2023 was filed before the Hon’ble Punjab & Haryana High Court by Sh. Naval Tapar in year 2023. The Hon’ble Punjab & Haryana High Court had disposed of the case vide its order dated 22.12.2023 with directions as under:
“At the outset, learned State counsel submits that since the competent authority is already in seisin of the matter, it would be expedient if the petition is disposed of, at this stage, to enable it to address the concerns/grievances of the petitioner, as sought to be raised in the petition. And take necessary measures, if required, in accordance with law. He submits that if necessary, the petitioner shall also be afforded a hearing. Learned counsel for the petitioner is in agreement with the course suggested by the learned State counsel, and submits that let this petition be disposed of, in terms of the statement made by him. However, it is urged that the authorities be directed to do the needful within a specified time. In response, learned State counsel, on instructions from Mr. Rajesh Mahajan, SDE (Public Health) and Mr. Devinder Goel, Law Officer, GLADA, submits that the necessary measures, as indicated above, shall be resorted to, within a period of eight weeks from today. The petition is accordingly disposed of, in terms of the statements made by learned counsel for the parties. Needless to assert that this order shall not constitute any expression of opinion on the merits of the case of either party, for, as indicated above, the competent authority shall examine the concerns/grievances of the petitioner, strictly in accordance with law.”
Accordingly, the GLADA has asked PPCB vide letter no: 30 dated 11.01.2024 to collect effluent samples from outlet and inlet to STP installed by the residential colony. Accordingly, the residential colony was visited by officers of the Board along with GLADA officials on 27.03.2024 and effluent samples from outlet to STP installed by the residential colony and from the rain water harvesting pits were collected. As per analysis reports, concentrations of various parameters (Outlet to STP) is pH = 7.2, TSS = 78 mg/l, COD = 228 mg/l, BOD = 65 mg/l, O&G = 11.2 mg/l and F. coli = 2700 and concentration of various parameters (Rain Water Harvesting pits) is pH = 6.6, TSS = 140 mg/l, COD = 884 mg/l, BOD = 290 mg/l, O&G = 11.4 mg/l and F. coli = 54,000. Thus, from the above results, it is clear that the STP is not achieving the prescribed standards and residential colony has discharged its untreated effluent into rain water harvesting pit.
Now, the residential colony has applied for renewal of ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
The residential colony was visited by undersigned on 20.05.2024 and it was observed as under:
1. The STP provided by the residential colony was in operation. The residential colony is operating both modules of its STP and total capacity of STP is 1220 KLD.
2. The residential colony is discharging its treated water partially into 12 parks and 27 green areas (combined area 7.01 acres) developed within the residential colony and partially into 04 acres 06 kanals land taken by it on lease from Sh. Amandeep Singh Malhi S/o Sh. Sukhjinder Singh Malhi. The residential colony has done registered land lease agreement with Sh. Amandeep Singh Malhi for 04 acres 06 kanals land from khasra no: 5//13,14,15/1,2,11,9,20/1, 21/12, 22,23, 24/1 and 11//4/1, 2/2, 2/3/2,3/1. The land taken on lease in located near the STP and project proponent has laid underground PVC pipeline system for discharge of treated water into 04 acres 06 kanals land. The project proponent has provided eucalyptus saplings as per karnal technology in this 04 acres 06 kanals land and condition of plantation is good. The project proponent has also laid two pipelines into remaining 13 acres land of “Malhi Farms” to discharge treated water (one pipeline for 07 acres land and second for 06 acres land). Registered land lease agreement is valid upto 30.04.2028.
3. The residential colony has applied CTO for generation of domestic effluent @ 429 KLD for partial reuse into flushing system (168 KLD) and for partial discharge into plantation area (140) and horticulture (121 KLD). The residential colony has sufficient land for discharge of 140 + 121 = 261 KLD. However, estimated discharge of colony at present is 620 KLD. Maximum 33% of treated effluent ( i.e. 204.6 KLD) will be reused for flushing through dual plumbing system. Thus, remaining discharge will be 620-204.6 = 415.6 KLD. The residential colony has 04 acres 06 kanals land as per Karnal technology and this land can handle 4.75 acre x 60 KLD/acre = 285 KLD discharge. The residential colony has 7.01 acres park and green area and this can handle 0.5 litre/m2 of treated trade effluent i.e. 02 KL/Acre x 7.01 acre = 14.02 KLD discharge. Thus, residential colony have land to handle discharge @ 299.02 KLD only.
4. The residential colony had not developed 04 acres land reserved for plantation. This land is located at a distance of about 10 acres from the colony. As per Environmental Clearance, the Project proponent had proposed this land for discharge of treated trade effluent.
5. The residential colony had engaged private firm namely M/s Reddonatura India Private Limited, Bangalore for door to door collection and segregation of municipal solid waste. The project proponent has provided bio-composter for processing of de-gradable solid waste. Final disposal of inert / non-biodegradable municipal solid waste is done at dump site of the Municipal Corporation, Ludhiana. The residential colony has obtained necessary permission from MCL vide no: 942/MOH/D dated 03.02.2010 regarding disposal of MSW at dump site of MCL.
6. The residential colony has installed 03 no. DG sets of capacities 380 KVA, 380 KVA and 250 KVA and all are equipped with canopies and stacks of adequate height.
The residential colony is not complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and conditions for Operation Phase and Entire Life of the Environmental Clearance obtained by it from the State Level Environment Impact Assessment Authority, Punjab under EIA notification dated 14.09.2006 vide no: SEIAA/2016/3650 dated 23.11.2016 and had discharged untreated effluent into rain water harvesting pits.
Show cause notice for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to project proponent with an opportunity of personal hearing before Chairman of the Board on 09.07.2024 postponed to 12.07.2024, postponed to 16.07.2024 and postponed to 23.07.2024.
Sh. Ravinder Singh, G.M. attended the hearing and submitted a written reply which was taken on record. He stated that earlier the sample was collected from the outlet of the STP by the Board on 12.01.2024 and the same was found within the permissible limits. He further stated that there is a temple near the Rain water harvesting pits from which the sample was collected by the team on 27.03.2024. The offerings made by the devotees in the temple such as milk find its path to the rain water harvesting pits due to which the sample did not meet the prescribed norms.
The matter was deliberated in detail and the reply submitted by the project proponent was not found satisfactory. It was noticed by the chair that the project proponent is a regular offender and is violating the Environmental norms constantly.
After hearing the G.M. of the promoter company, officers of the Board, the Chairman of the Board decided that:
1. The consents under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 applied by the promoter company be refused.
2. The Environmental Compensation (EC) for the previous violations be imposed immediately and order be issued in this regard without any further delay.
3. Environmental Engineer, Regional Office-3, Ludhiana shall calculate the amount of Environmental Compensation for the continued period of violation, up to date and send to the EC verification committee for verification of amount of EC.
4. Notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 be issued to the promoter company along with an opportunity of personal hearing.
5. Environmental Engineer, Regional Office-3, Ludhiana shall launch prosecution against the project proponent and its responsible persons for violation of provisions of Water (Prevention & Control of Pollution) Act, 1974.
Submitted for confirmation of decisions of the hearing so that the same could be conveyed to all the concerned, please. |
