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The above note may kindly be perused……………………
The project is a plotted residential project with a total area of 24.996 acres (120981.24 sq. yard is 101155.725 sqm)………..
The residential components including EWS 65253.23 sq. yards or 54560.00sqm……………………
The area of other components including community center, schools, STP, parks etc. is 55728.02 sq. yards or 46595.72 sqm……………………..
Thus the total built up area will be atleast more than 20,000 sqm…………………
Regarding the applicability of provisions of the EIA notification dated 14.09.2006, it is mentioned here that a clarification as to if some plotted colony project has land area less than 50 ha but built up area (calculated from floor area ratio) is more than 20,000 sqm, in which category it should fall i.e. either 8(a) or 8(b), was sought by the Joint Director(S), MoEF&CC to the Joint Secretary, IA-Division (Infra -1), MoEF&CC………………………….
Accordingly, the MoEF&CC, GoI has clarified that the projects with land area less than 50 ha but built up area more than 20,000 sqm may be apprised as per the provisions of category 8(a) of the schedule approved to the said notification…………….
The said clarification was again forwarded to the SEIAA, Punjab by MoEF&CC vide letter dated 15.04.2019………………………………….
Thus, the project is required to obtain EC either under category 8(a) or category 8(b) as per the proposed built up area……………………
Further, RO has reported that the project proponent has started development of the project, thus, the project is being developed in violation of the EIA notification dated 14.09.2006………………………
As per the proposal submitted, the project proponent has adequate proposal for handling the treated wastewater……………………….
Regarding the clarification sought by the Board on 09.05.2025, it is mentioned here that no reply has been obtained from MoEF&CC till date. Since, the MoEF&CC is the only authority to give clarification on the interpretation of the EIA notification dated 14.09.2006, the already mentioned letter dated 15.04.2009 may be treated as valid available interpretation of the MoEF&CC regarding applicability of EIA notification dated 14.09.2006……………………….
It is also mentioned here that the MoEF&CC, GoI vide letter dated 20.09.2021 has issued directions u/s 5 of the E(P)A, 1986 to not to grant or renew consent to operate under Environmental Clearance, as applicable, it has also been directed that the SPCB shall ascertain the applicability of the EIA notification at the time of grant(renew of CTE and stipulate appropriate condition for obtaining EC, if applicable, before construction/comment of project/activity………………………
Recommended to grant CTE with usual condition and special condition of construction projects alongwith additional conditions that
1. The project proponent shall stop all the construction/development activities and shall not restart till it obtains EC from SEIAA, Punjab.
2. In case, after expiry of lease deed, the project proponent does not have adequate arrangement for disposal of the treated wastewater, the Board reserves the right to cancel the CTE/CTO and to issue any direction as deemed fir for preservation and protection of environment.
Also a copy of the CTE be forwarded to SEIAA, Punjab to initiate action on the project proponent for starting development/construction activities without obtaining EC under the EIA notification dated 14.09.2006.
Competency: MS, PPCB(Project Cost 34.68 crore)
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