| File Note: |
It is submitted that the Shop Owners Welfare Association (SOWA) was granted renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/SAS/2023/24280122 dated 30.12.2023 valid upto 31.03.2028 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/SAS/2023/24280106 dated 30.12.2023 valid upto 31.03.2028 for operation of Commercial Complex (Mall, Hotel, Multiplex) under the name and style of M/s Paras Downtown Square, Zirakpur, subject to certain terms and conditions mentioned therein.
A complaint on PGRS portal has been received in this office regarding nuisances being created due to cooling tower installed at hotel component of the project.
Accordingly, to verify the contents of the complaint, the site of the project was visited by the undersigned on 25.08.2025. During the visit, it was observed that:
1. The above project is a Commercial Complex consisting of Mall, Hotel, Multiplex etc.
2. The project is a commercial project and there is approx. 30% occupancy in the project.
3. The operation and maintenance are being taken by Shop Owner Welfare Association (SOWA).
4. During visit noise monitoring was carried out near cooling tower installed at hotel component of the project and it was observed as under:-
S. No. Cooling tower (On) Cooling tower (Off)
1. 87.4 dB 68.2 dB
5. The promoter company has provided STP for the treatment of wastewater generated from the project. However, the same is not operational and as per physical condition, it reveals that the same is not being operated since long and lying defunct. The untreated effluent is being discharged directly into MC sewer without any treatment.
6. STP inlet and outlet meter are provided but no record is being maintained in this regard.
7. The project proponent has not provided in-situ arrangement for the management solid waste.
Accordingly, the Shop Owners Welfare Association (SOWA) was issued show cause notice for revocation & cancellation of consent to operate granted under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and violations of the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Air (Prevention & Control of Pollution) Act, 1981 vide Board's letter no. 4639 dated 18.09.2025 alongwith opportunity of personal hearing before Chairperson of the Board on 30.09.2025. The personal hearing given to the SOWA before the Hon’ble Chairperson was postponed due to administrative reasons. The SOWA was given personal hearing before the worthy Chairperson of the Board on 08.10.2025, wherein, it was decided as under:
1. The consents to operate granted to the project under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 be revoked / cancelled with immediate effect.
2. The project proponent shall be given another opportunity of personal hearing by serving notice to issue following directions u/s 33 A of the Water (Prevention and Control of Pollution) Act, 1974:
a) That environmental compensation shall be imposed upon the project proponent for violating the environmental norms.
b) That the project proponent shall stop forthwith discharging any effluent/ wastewater into sewer/ inland surface water/ onto land or through any other mode.
c) That the DG set (s) installed by the project proponent (if any) shall be sealed.
In compliance of decision no. 1 of the personal hearing, the consent to operate granted to the SOWA under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 has been revoked/ cancelled vide Board’s letter no. 5086 dated 14.10.2025.
The SOWA was issued notice to issued 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 for non-compliance of the decisions of the personal hearing vide Board's letter no. 5119 dated 14.10.2025 alongwith an opportunity of personal hearing before the Hon'ble Chairperson on 28.10.2025. However, the hearing could not be conducted on the said date, due to administrative reasons. The SOWA was given personal hearing before the worthy Chairperson of the Board on 29.10.2025, wherein, it was decided as under.
1. The project proponent shall complete the maintenance and noise attenuation work of the cooling towers/ DG Sets, within 7 days.
2. The project proponent shall apply for obtaining Consents to Operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, within 7 days.
3. Environmental Engineer, Regional Office, SAS Nagar shall conduct a detailed verification of the project after 10 days, carryout effluent sampling, post-maintenance noise monitoring study to ensure compliance with the Noise Pollution (Regulation and Control) Rules, 2000 and process the Consent to Operate applications to be applied under the Water Act, 1974 and Air Act, 1981 strictly on merits.
4. Further action shall be taken after receipt of report from the Regional Office, SAS Nagar.
Now, the Shop Owners Welfare Association (SOWA) has applied for obtaining fresh consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 for operation of Commercial Complex (Mall, Hotel, Multiplex), alongwith requisite documents.
The SOWA had earlier deposited Rs. 8,89,200/- vide UTR no. HDFCR52023111654513135 dated 16/11/2023 & Rs. 1,18,800/- vide UTR no. AXIC220899428138 dated 30.03.2022 under Water (Prevention & Control of Pollution) Act, 1974 and Rs. 8,89,700/- vide UTR no. HDFCR52023111654516415 dated 16.11.2023 & Rs. 1,18,800/- vide UTR no. AXIC220899427115 dated 30.03.2022 under Air (Prevention & Control of Pollution) Act, 1981. The earlier consent fees are adequate till 31.03.2028 against the value of fixed assets amounting to Rs. 104.29 crores as on 29.08.2023 under red category. Now, the fee deposited by the project proponent is adequate upto 24.01.2029 under orange category as per new categorization of CPCB (as per latest CA certificate - Rs. 104.29 crores).
The SOWA has submitted a copy of letter issued by M/s Paras Buildtech regarding handover of maintenance & control of Paras Buildtech India Private Limited (“Developers”) and Paras Re Facilities Management Private Limited (“Paras Re”) to Shop Owners Welfare Association (“SOWA”) of commercial project “Paras Downtown Square Mall” in Zirakpur, Near Chandigarh, Distirct SAS Nagar pursuant to the order #946-9491 dated 23.07.2018 passed by Executive Magistrate, Zirakpur on 25.07.2018.
The SOWA has submitted registration certificate issued by office of Competent Authority-cum-Sub Divisional Magistrate, Derabassi vide no. 005/CASDMDB/2018 dated 09.02.2018 regarding registration of Shop Owners Welfare Association of Paras Downtown Square, Zirakpur under rule 8 of the Punjab Apartments Ownership Rules, 1995.
The site of the project was visited by the officer of the Board on 27.11.2025. During the visit, it was observed that:
1. The above project is a Commercial Complex consisting of Mall, Hotel, Multiplex etc.
2. The project is a commercial project and there is approx. 30% occupancy in the project.
3. The operation and maintenance are being taken by Shop Owner Welfare Association (SOWA).
4. The promoter company has provided STP for the treatment of wastewater generated from the project and the same was in operation. The STP inlet and outlet meter are provided and maintain the record of the same.
5. During the visit, the effluent samples were collected and sent to Head Office lab for analysis, as per analysis report received, the conc. of the parameters were found within the permissible limits of the Board as tabulated below:
Sr. No. Test Parameters Units Results
Outlet of STP
1. pH value at 25oC - 8.1
2. Total Suspended Solids (TSS) mg/l 14
3. Total Dissolved Solids (TDS) mg/l 618
4. Chemical Oxygen Demand (COD) mg/l 49
5. Bio-chemical Oxygen Demand (BOD) mg/l 12
6. Oil & grease mg/l 6
6. The SOWA is using the treated wastewater for horticulture purpose and the rest is being discharged into MC sewer.
7. During visit noise monitoring was carried out near cooling tower and it was observed as under:-
S. No. Cooling tower (On) Cooling tower (Off)
1. 74.4 dB 70.4 dB
8. The SOWA has provided 3 no. DG sets which are provided with canopies and stacks of adequate heights.
9. The SOWA has provided flow meter over the borewell and maintaining its daily record.
10. The SOWA has provided separate storage for MSW and currently due to lower generation, same is being lifted by MC Zirakpur. The SOWA has now provided compost bins for composting of wet waste.
From the above, it is clear that the SOWA is now complying with the decisions of the personal hearing as well as provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
In view of the above, it is recommended that the consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 may be granted upto 31.12.2028, subject to suitable conditions and following additional conditions that:
1. The SOWA shall not discharge any effluent at any unauthorized place by any unauthorized means i.e. shall not discharge any wastewater in any drain/ inland surface waters/ drain/ choe/ nallah/ onto land for stagnation or outside its premises, at any time, under any circumstances.
2. The SOWA shall ensure that the activity of unit does not create any nuisance in the surrounding areas and no public complaints are received.
3. The SOWA shall ensure that there are no usages of single use plastic-thermocol disposable items such as water bottles/ water pouches/ water cups, plates, forks, spoons, straw etc. and single use decorating material made of plastic-thermocol or any other non- biodegradable material in the premises.
4. The SOWA will comply with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000.
5. In case the SOWA fails to comply with the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981, the 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 SOWA.
*Competency: Hon’ble Chairperson of the Board (Total proposed cost of the project is more than 50 crores) |
