| File Note: |
It is submitted that the report/ recommendations of RO given in the application were perused and the following discrepancies were noted: # The project proponent has submitted application for obtaining CTO and mentioned its category as Green in the application form with category code as 10.2 Building construction project 5,000 sq. m., but < 20,000 sq. m. built-up area (without connectivity to terminal STP). The RO has processed the application based on the same category and calculated the adequacy of fees accordingly. #Whereas, as per the revised categorization of industrial and non-industrial sections issued by CPCB, the project may be covered under Orange Category with Cat. Code. 10.1 i.e. Building construction project ≥ 20,000 sq. m. built-up area. The RO has itself reported that based on the total saleable area of all components of the project and calculating the max. achievable FAR of the project, the built-up area shall exceed 1,50,000 sqm. The project proponent is required to update the same. # It is worth to brought out that the RO has reported that total land area of the project 90.39 acres, which is less than 50 hectares; however, the net plotted area in the project is around 1,80,008 sqm, which makes the built-up area possibility of more than 1,50,000 sqm. As such, the project is covered under schedule 8 (b) of the EIA notification dated 2006 and the project needs to obtain prior EC from the SEIAA/ MoEF&CC, whereas as per the report of RO construction & occupancy has already started in the project. It is imperative to mention here that the MoEF&CC vide order dated 20.09.2021 has issued directions u/s 5 of the EPA, 1986 as under:
“Now therefore, in exercise of powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, hereby directs that all SPCB/UTPCC shall:
i. Ascertain the applicability of EIA Notification at the time of grant/renewal of CTE and stipulate appropriate condition for obtaining Environmental Clearance (EC), if applicable, before construction/ commencement of project/ activity.
ii. Ensure that the project proponent possesses a valid Prior EC in terms of the extant EIA Notification, if applicable, at the time of grant/renewal of CTO and no CTO shall be granted or renewed unless EC, if applicable, has been obtained.”
In view of the above facts/ discrepancies and the fact that the RO has processed the application under incorrect category which had to be returned at the scrutiny stage, if approved, the application be sent back to RO to return the application to the project proponent to apply under the relevant category with the correct category code (as the same cannot be changed during application processing) and obtaining valid Environment Clearance for the project from the competent authority. |
