| File Note: |
Online agenda note generated.
It is submitted that the project proponent was 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 vide no. ZP-I/SAS Nagar/NOC/2013/F-766 dated 27.06.2013 valid till 30.09.2013 for construction of 170 flats in an area of 130753.9 sq. ft under the name and style of M/s Omini Pacific Colonizers (P) Ltd. (Project: Amayra Greens), Chandigarh-Kurali Road, Kharar subject to certain terms and conditions mentioned therein.
The project proponent was granted fresh consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/SAS/2017/6056194 dated 28.09.2017 valid till 30.09.2019 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Fresh/SAS/2017/6056123 dated 28.09.2017 valid till 30.09.2019 for Residential project having built-up area of 16272 sqm. consisting of 170 no. flats and 07 no. of booths with disposal arrangement that Domestic effluent 27 KLD - Onto land for gardening purpose, flushing purpose and construction activities, under the name and style of M/s Omini Pacific Colonizers (P) Ltd. (Project: Amayra Greens), Chandigarh-Kurali Road, Kharar subject to certain terms and conditions mentioned therein.
Thereafter, the project proponent has failed to obtain renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 till date.
The site of the project was surprisingly visited by the AEE of this office on 21.08.2024 and contacted Sh. D.S. Verma, Member-RWA (9417936963). During the visit, it was observed as under:
1. The promoter company has completed the construction work of 170 flats and 7 no. shops at the site of the project and all the flats and shops have been occupied.
2. The promoter company has installed one tubewell in its premises and flow meter has been installed with the same and reading was noted as 8746 KL. The project proponent is not maintaining the record of the fresh water abstraction.
3. The promoter company has installed an STP of capacity 150 KLD for treatment of domestic effluent being generated from the project. However, the aeration blower was not in operation during the visit. Samples was collected from the outlet of the STP and sent to Head Office lab for analysis. Further, from the physical conditions of the STP, it appears that the STP is not being operated regularly. The project proponent has not provided any energy-meter, flowmeter with the STP. No record of operation of STP is being maintained. The treated water after STP is being disposed off onto green area developed within the premises and green area developed by the promoter company outside the premises along the road, as informed by the representative. The land outside the premises could not be visited due to heavy growth of wild shrubs.
4. The project proponent is not using treated water for flushing purposes.
5. The representative informed that the project has been handed over to RWA.
6. The representative informed that the name of the project is “Amayra Green Phase-1”.
7. The solid waste generated from the project is being collected by the private vendor and has not installed mechanical composter for the treatment of biodegradable solid waste.
8. The promoter company has installed one no. of D.G. set of capacity 125 KVA in its premises, which is equipped with canopy and stack of adequate height.
Now, the project proponent has applied for obtaining fresh consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for 170 no. flats and has not applied for 7 booths which was previously granted consent to operate by the Board.
The project proponent has deposited Rs. 234000/- vide R. No. 943040774 dated 17.10.2024 under Water (Prevention & Control of Pollution) Act, 1974 and Rs. 234000/- vide R. No. 241996807 dated 17.10.2024 under Air (Prevention & Control of Pollution) Act, 1981. The fee deposited by the RWA is adequate upto 30.09.2026 considering CA certificate dated 31.03.2017 as there is no further investment thereafter, project being handed over to RWA.
Further, the RWA is registered on 06.04.2021 as per RWA registration certificate issued by Office of Competent Authority-cum-Sub Divisional Magistrate, Kharar vide order no. 2 dated 06.04.2021.
The project proponent has submitted point wise reply to the observations due to which its earlier application were returned.
S. No. Observations Reply submitted by the project proponent
1. The application submitted by the project proponent has been scrutinized and it was observed as under: 1. The project proponent has applied a new registration ID i.e. O24SAS556490. However, the project proponent was earlier granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 in its old registration ID O13SAS537192. Earlier the CTO was granted to the company and now the RWA has taken over the society and now we have applied under the name of RWA.
2. The CA certificate submitted by the project proponent is not proper as mentioned total un-depreciated cost mentioned as Rs. 9.94 crores as on 31.03.2017. Further, UDIN no. is not mentioned in the CA certificate. The project proponent needs to submit latest CA certificate. This is now being maintained by RWA and in the earlier application submitted we have submitted the same certificate as there is no investment in our name.
3. The project proponent has submitted excess wastewater is being discharged onto land for irrigation as per karnal technology. However, the agreement submitted by the project proponent for disposal of excess wastewater as per karnal technology is expired on 31.03.2018. Excess treated waste water being discharged onto land for irrigation as per karnal technology till we get the sewer connection and the land belongs to Company
4. The project proponent has mentioned in the application form i.e. 38 KLD treated wastewater is being utilized for construction purpose. The project proponent needs to submit proper record regarding utilization of 38 KLD treated wastewater for construction purpose as well as agreement for utilization of treated wastewater for construction purpose. Total waste water generation is 92 out of which 28 KLD for green area, 16 KLD for flushing and 48 KLD onto land for irrigation in an area of 4 Kanal till we get the sewer connection.
5. The project proponent has not submitted registration deed of Resident Welfare Association issued by Competent Authority. Documents of RWA are attached
Thereafter, the project proponent has again submitted point wise reply to the observations due to which its earlier application were returned.
S. No. Observations Reply submitted by the project proponent
1. The project proponent has applied a new registration ID i.e. O24SAS556490. However, the project proponent was earlier granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 in its old registration ID O13SAS537192 after making necessary amendments in the existing registration ID. Earlier the CTO was granted to the company and now the RWA has taken over the society and now we have applied under the name of RWA.
2. The CA certificate submitted by the project proponent is not proper as mentioned total un-depreciated cost mentioned as Rs. 9.94 crores as on 31.03.2017 and UDIN number not mentioned in the CA certificate. The project proponent needs to submit latest CA certificate. As such, the fee deposited by the project proponent could not be adjudged. This is now being maintained by RWA and in the earlier application submitted we have submitted the same certificate as there is no investment in our name.
3. The project proponent has submitted excess wastewater is being discharged onto land for irrigation as per karnal technology. However, the agreement submitted by the project proponent for disposal of excess wastewater as per karnal technology is expired on 31.03.2018. Further, the project proponent has not submitted season wise disposal detail of treated effluent Excess treated waste water being discharged onto land for irrigation as per karnal technology till we get the sewer connection and the land belongs to Company.
Further, during the visit on 21.08.2024, the effluent samples were collected and sent to Head Office lab for analysis. As per results received, the conc. of the parameters were found beyond the permissible limits of the Board as tabulated below:
Sr. No. Parameters Outlet of STP
1. pH 7.2
2. Total Suspended Solids mg/l 162
3. Bio-chemical Oxygen Demand mg/l 106
4. Oil & Grease mg/l 8.8
Further, the project proponent has submitted reply to the show cause notice and same is reproduced below:
“SIR THE SITE HAS BEEN HANDED OVER TO RWA FURTHER WE WIL GUIDE AND GET ALL THE COMPLIANCE DONE IN FEW DAYS INCLUDING RENWAL OF CTO copy of RWA is enclosed”
The reply is not proper as the project proponent has not submitted point wise reply the show cause notice issued to the project proponent.
The project proponent has attached agreement executed between the project and builder of 5 kanal land regarding disposal of treated wastewater and same is expired on 31.03.2018. Further, as on now, the project has been handed over to the RWA, as such a fresh agreement for the disposal of the effluent is required to be executed.
In view of the above, it is recommended that show cause notice for refusal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be issued alongwith an opportunity of personal hearing before the Senior Environmental Engineer the Board.
*Competency: Senior Environmental Engineer the Board |
