| File Note: |
The report and recommendations submitted by the RO in the application were examined, and it is brought out as under:
# The project proponent has obtained extension of consent to establish (NOC) vide no. CTE/Ext/PBIP/SAS/2025/2505558232 dated 18.07.2025 having validity till 31.03.2026 for Development of Residential Township Project in total project area of 235.7 acres & having built-up area of 943435.64 sqm consisting of Residential Plots @ 1051 Number, Independent Floors @ 220 Number, Group Housing (12 Acres), EWS (12.34 Acres), Plots for Public Building/Institutional (15.696 Acres) @ 17 Number, Commercial plots (5.404 acres) @ 130 Number as components at sector- 85 & 99, Mohali, Punjab on site for which the layout plan approved by the CTP, Punjab vide no. 260-CTP(PB)/MPR-3 dated 23.01.2023, only.
# The project proponent has earlier obtained fresh consent to operate vide no. CTOW/Fresh/PBIP/SAS/2024/2410757652 dated 20.12.2024 under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and vide no. CTOA/Fresh/PBIP/SAS/2024/2410155007 dated 20.12.2024, both having validity upto 30.09.2025 for Residential plots @583 number, Plots (Independent Floors) @140 number, Group housing (Flats) @377 number, Commercial (SCO Booth)@ 27 number along with certain special conditions mentioned, therein. # The project proponent had obtained Environmental Clearance vide no. SEIAA/2018/1213 dated 07.09.2018 for township project comprising of residential colony, commercial buildings & group housing project namely "Wave Estate" at Sector 85 & 99, Village Mauli Baidwan, Patti Sohana, Sabnalki & Block & Tehsil Kharar, SAS Nagar (Mohali) developed by M/s Country Colonizers (P) Ltd. (Proposal no. SIA/PB/NCP /11539/2016) having total plot area of 246.166 acres.
# Now, the project proponent has applied for obtaining varied consent to operate under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for total land area 609727.2 sqm and built up area 414764.6 sqm having Residential Plots @ 605 number, Independent Floors @ 150 number, Group Housing (Apartments) @ 378 number, Group Housing (Retail Shops) @ 14 number, Commercial (SCO & Booths) @79 number, along with requisite documents.
# The officer of the RO visited the project site on 15.10.2025 and primarily reported as under:
1. The project is a residential project and having 605 no. residential plot, 150 no. independent floor ( S + 3 configuration), 7 no. towers of group housing (378 no. flats), 14 no. Group Housing (Retail Shops), 79 no. Commercial (SCO & Booths).
2. The project proponent has submitted approved layout plan issued by the Competent Authority.
3. The project proponent is extracting freshwater from 04 no. borewells with water meter and the record of the same is being maintained.
4. The project proponent has installed STP of capacity 4 MLD based on SBR Technology, which was in operation during visit. The treated wastewater is being reused for flushing and in horticulture.
5. The project proponent has installed total 07 no. DG sets of capacities 2x320 KVA, 750 KVA, 380 KVA, 500 KVA and 250x2 KVA each are equipped with canopies and stacks of adequate heights.
6. The project proponent has installed composter for disposal of municipal solid waste of capacity 2000 kgs. The record of the same is being maintained by the project proponent.
# Also mentioned in the same report that Solid waste of quantity 5628.4 Kgs/day is being generated from the premises. For treatment of bio-degradable solid waste, Organic Waste Composter (OWC) is provided and for non-biodegradable solid waste, tie-up with professional agency is being made. The project proponent has submitted the compliance report of previous obtained consent to operate from the Board.
# Thereafter, the officer had recommended for grant of CTO to the project proponent upto 31.10.2026.
# Afterwards, the RO has recommended that the varied consent to operate under the provisions of Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 may be refused because of the following observations:
1. The project proponent has not submitted any proof of expenditures of the CER activities.
2. The project proponent has not complied with special condition no. 8 of NOC granted i.e. “The project proponent shall connect the sewer of its residential colony (for discharge of its effluent after STP) to the main sewer line of GMADA at its own cost, after obtaining NOC from respective departments. In case, the permission for discharge of effluent into the sewer line of GMADA and/or its disposal to the terminal STP of the concerned authority is denied or not allowed by the concerned authority/respective department at any stage; then this Consent to Establish (NOC) from pollution angle shall be deemed cancelled and the Board shall not be responsible for any financial liability arising due to cancellation of this CTE (NOC).”
3. The project proponent does not have adequate arrangements for the disposal treated effluent during the rainy season.
4. The project proponent does not have proper arrangement for disposal of non-biodegradable waste at the site.
5. The project proponent does not have any proper arrangements for the safe and secure storage of spent oil. The project proponent needs to provide designated hazardous waste storage room and obtain authorization for the same.
From the above, the report/ recommendations of RO were not clear and the RO is required to clarify to the following points and has submitted its reply as under:
Sr. No. Observations Raised to RO Reply Submitted
1. Whether the project proponent has submitted any water balance/ calculation regarding the increase in water consumption/ wastewater generation/ disposal arrangement for the increase in occupancy sought through this varied CTOs? Yes, the project proponent has submitted the water balance/ calculation regarding the increase in water consumption/ wastewater generation/ disposal arrangement for the increase in occupancy sought through this varied CTOs. (copy attached)
2. The last CTOs were granted to the project proponent subject to the condition that "4. The project proponent shall ensure necessary arrangements for usage of the treated effluent after STP for flushing purpose @ 607 KLD and treated effluent shall be utilized for Horticulture Demand an area of 1,92,509 sq.m. (47.57 acres) within premises and the remaining treated effluent shall be discharged onto land for plantation developed as per Karnal Technology in an area of 5 acres." The non-compliance of CTE condition is not applicable/ appropriate to be enforced at this stage and the RO is required to clarify if the same proposal as given in the said CTO condition is adequate the presently proposed effluent load or not? or if the PP has given any amended proposal and its adequacy. It is submitted that the project proponent is utilizing its entire treated wastewater @ 853 KLD into the horticulture/ green of 1,92,509 sqm (47.57 acres). However, in the winter season, the additional 507 KLD and during monsoon season additional 757 KLD, project proponent is not having adequate arrangements. As such, the project proponent is required to either develop adequate area under Karnal Technology as per the condition of the previous CTO or to obtain permission of GMADA sewer as per the conditions of CTE.
3. The RO is required to clarify whether the project proponent has developed the plantation area as per Karnal Technology in 5 Acres area, as no comments offered regarding the same in the visit report. The project proponent has not developed the plantation area as per Karnal Technology in 5 Acres area i.e. the project proponent is not complying with the conditions of the previous consents granted to it.
4. What is the present & proposed generation of biodegradable solid waste by the PP at the proposed occupancy for which varied CTO is sought and if the 2000 kg/day capacity OWC is adequate to handle the same or not? As per the record of solid waste verified at site, 2000 kg/day capacity OWC is not adequate to handle the same. (Record attached)
5. Whether the PP has installed the additional composter of capacity 2500 kg/day for handling of its wet waste as per condition imposed in the last CTO granted to it? The project proponent has installed the additional composter of capacity 2500 kg/day for handling of its wet waste as per condition imposed in the last CTO granted to it. However, it was not in operational condition at the time of visit.
6. The project was lastly granted CTO subject to one additional condition that "The project proponent shall operate its Sewerage Treatment Plant (STP) regularly and efficiently and shall maintain record regarding operation of the same and shall submit analysis results from Boards lab within one month." The RO to clarify if any effluent sample has been collected from the STP of the project afterwards and the reason for not collecting the effluent sample from STP outlet during latest visit on 15.10.2025. During visit, the STP was found operational and treated water was found discharging onto land for plantation. Due to the paucity of the time and late evening visit of the project, the samples could not be collected. The same shall be collected during the due course of time.
7. The RO to give compliance of all conditions imposed in the Environment Clearance granted to the project, in annotated form, highlighting all non-compliances, partial compliances and compliances made of the conditions imposed thereunder. The compliance of the conditions of the EC are attached herewith.
# The RO has recommended that the the consent to operate applied by the project proponent under Water Act, 1974 and the Air Act, 1981 may be refused.
# From the examination of the report and recommendations of the Regional Office, the site inspection findings dated 15.10.2025, the subsequent clarifications furnished by the RO, and the compliance status of the Environmental Clearance and earlier Consents, the following major violations / non-compliances are found:
1. The project proponent has failed to develop the mandatory 5 acres plantation area under Karnal Technology as stipulated in earlier CTO conditions. Further, no permission has been obtained from GMADA for discharge of treated effluent into the main sewer line. During winter and monsoon seasons, 507 KLD and 757 KLD of treated effluent respectively remain without adequate disposal arrangements, leading to non-compliance with both CTE and CTO conditions.
2. The existing 2000 kg/day Organic Waste Composter (OWC) is inadequate to handle the present biodegradable waste generation. Although an additional 2500 kg/day composter has been installed as per previous CTO conditions, it was found non-operational at the time of inspection, indicating non-compliance with solid waste management requirements.
3. The project proponent has not obtained authorization for handling hazardous waste / spent oil under applicable rules and has not provided a designated hazardous waste storage room, in violation of the conditions of Environmental Clearance and statutory waste management norms.
4. The rainwater harvesting system was found non-compliant, and effluent samples collected from rainwater harvesting pits on 13.06.2025, indicated pollution of groundwater. A show cause notice has already been issued for this violation by PBIP vide no. 3573 dated 26.06.2025. No reply submitted.
5. Despite the condition requiring regular submission of effluent analysis reports from the Board’s laboratory, no samples were collected during the inspection dated 15.10.2025. The RO cited “paucity of time” as the reason, reflecting inadequate compliance monitoring and non-submission of mandatory analysis results. The justification cited by the RO, i.e., “paucity of time and late evening visit,” is not acceptable in view of the environmental sensitivity, scale of the project, and the statutory responsibility of the field officers to ensure effective compliance monitoring.
6. Several EC conditions remain unfulfilled, including:
o No connection to GMADA sewer for surplus treated wastewater disposal.
o No record of reuse of treated wastewater for construction purposes.
o Inadequate solid waste handling arrangements.
o Absence of hazardous waste authorization.
7. The project proponent has not submitted any documentary proof regarding the expenditure of Corporate Environment Responsibility (CER) activities, as required under the applicable conditions.
In view of the above facts and the report/ recommendations of RO; if approved, the competent authority be recommended as under:
A. The applications of the project proponent for grant of Consent to Operate under the provisions of the Water Act, 1974 & the Air Act, 1981 be refused, after affording an opportunity of personal hearing before the competent authority to it.
B. Notice to issue directions u/s 33-A of the Water Act, 1974 and u/s 31-A of the Air Act, 1981 be issued to the project proponent along with an opportunity of personal hearing before the competent authority, with the following proposed directions:
i. That the project proponent shall not allow any further occupancy in the project.
ii. That the project proponent shall stop forthwith discharging any effluent / emissions from its premises or through any mode.
iii. That the project proponent will immediately stop its activities and will not restart the same unless all necessary water and air pollution control measures are taken and obtains valid consents of the Board.
iv. That the Punjab State Power Corporation Ltd. authorities shall be directed not to release electricity supply connection to any plots/ components of the project which remains unsold by the project proponent.
v. That the revenue authorities shall be directed not to execute or register any registration deed for any plots plots/ components of the project which remains unsold by the project proponent.
vi. That the Housing Development Authorities/ Licensing Authorities be directed not to grant Letter of Intent (LOI), License to Develop & Approval of Layout Plan for any future project of the project promoter.
vii. That an environment compensation of suitable amount be imposed on the project proponent.
C. An explanation / show cause notice be issued to the Regional Office for failure to collect mandatory effluent samples during the inspection of a large-scale project, and for not adhering to prescribed monitoring protocols under the Water (Prevention & Control of Pollution) Act, 1974; and with direction to ensure that in all future inspections of major projects, environmental samples are mandatorily collected and submitted for analysis, except in duly justified exceptional circumstances recorded in writing.
Comp.: Hon’ble Chairperson
Detailed note attached as pdf for ready reference. |
