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It is submitted that the PP has established a residential colony, without obtaining consent to establish (NOC) / consents to operate under the provisions of Water Act, 1974 & Air Act, 1981. The colony was identified by officer of the Board on 29.03.2023 and it was observed that:-
1. The site is having 2 no. colonies namely Balaji Enclave & Balajı Enclave Ext 1, having common entrance and common boundary wall.
2. The site of the colonies is located outside the MC limit of Rampura Phul on the National Highway (NH-7) and is surrounded by the commercial establishments such as automobile agencies/service station etc. Also a copula furnace, cold store & rice sheller is located on the National Highway at a distance of approx. 100 meter from the boundary of both the colonies. There is a one school namely Snivalik Hills School (Senior Secondary School) inside the boundary of the colony but being operated as separate entity.
3. As per the documents submitted by the project proponent, one of colony is developed in an area of 9.86 acres and another colony developed in an area of 9.96 acres at Rampura Phul, Distt. Bathinda for which change land use for residential purpose has been granted by the Deptt. of Housing & Urban Development in the name of M/s Bhagwati Colonizers Pvt. Ltd., Mansa & M/s Guru Nanax Builders, Sunni Gali, Gaushala Road, Mansa vide their office letter dated 29.04.2005 & 26.07.2005.
4. The project proponent had failed to apply for obtaining consents to operate under the Water Act, 1974 & Air Act, 1981.
Accordingly, the project proponent was issued notice u/s 33-A of the Water Act, 1974 & u/s 31-A of the Air Act, 1981 alongwith an opportunity of personal hearing before the Chairman of the Board on 08.06.2023, wherein it was decided that:-
1. The project proponent shall install STP of adequate capacity alongwith adequate disposal arrangements of treated effluent, within 2 months and to submit the detailed feasibility report in the matter to the Regional office, Bathinda of the Board, within 10 days:
2. The project proponent shall develop in house solid waste facility to manage the bio- degradable solid waste, being a bulk waste generator, within 15 days.
3. The Project proponent shall apply for obtaining CTOs under the provisions of the Water Act, 1974 and Air Act, 1981, within 2 months after ensuring the compliance of decision no. 1 & 2 above
4. The Environmental Engineer, Regional Office, Bathinda shall visit the residential colony after 2 months and process the consent to operate applications to be applied by the PP on merit.
5. The project proponent is made clear that in case of failure to comply with the decisions of the hearing above within stipulated period, further action as deemed fit shall be initiated under the provisions of the Water Act, 1974 & Air Act, 1981, without any further notice/opportunity.
Thereafter the site of the colony was again visited by officer of the Board on 16.01.2025 and it was observed that the colony was operating without installing any STP as well as without obtaining CTOs under the provisions of the Water Act, 1974 and Air Act, 1981.
Accordingly the Promoter company M/s Bhagwati Colonizer was given an opportunity of personal hearing for the project namely M/s Balaji Enclave, Barnala Road, Rampura Phul before the Hon'ble Chairman of the Board on 25.04.2025. During hearing following decisions were taken:-
1. The project proponent shall submit the name alongwith address of M/s Guru Nanak Builders (Balaji Enclave Extension-1), within 7 days to the Regional Office, Bathinda of the Board, so as to initiate further action against M/s Balal ji Enclave Extension-1 under the provisions of Water Act, 1974 and Air Act, 1981.
2. The project proponent shall install sewage treatment plant (STP) by 15.06.2025 alongwith adequate disposal arrangements and to apply for obtaining consents to operate under Water Act, 1974 and Air Act, 1981, immediately after 15.06.2025.
3. The project proponent shall submit a bank guarantee amounting to Rs. 10.0 lacs (valid for atleast one year) to the Regional Office, Bathinda of the Board, within 7 days as an assurance to install sewage treatment plant (STP) and to obtain consents of the Board under Water Act, 1974 and Air Act, 1981
4. Environmental Engineer, Regional office, Bathinda shall visit the colony, verify the compliance at site and submit report / recommendations immediately after 15.06.2025 and will also intimate the name of the official responsible for delay in processing the matter after 08.06.2023.
5. The project proponent shall be reheard after receipt of report in compliance of decision 4 above.
It is pertinent to mention here that M/s Bhagwati colonizer has obtained partial consent to operate for the colony namely Balaji enclave under Water Act, 1974 and Air Act, 1981 vide no. CTOW/Fresh/BTI/2025/30400553 and CTOA/Fresh/BTI/2025/30400632 both dt. 16.12.2025, which are valid upto 30.09.2030 after depositing Bank Guarantee of Rs. 10 Lakh in this office.
Now the Promoter M/s Guru Nanak Builders (Balaji Enclave Extension-1) has applied for obtaining fresh consent to operate for its colony under the Water Act, 1974 & the Air Act, 1981 in the name and style of BALAJI ENCLAVE EXT-1 for the operation of 30 no. Residential Plots against the total residential plots of 83 no. in an area of 9.96 acre due to less occupancy for the disposal of domestic effluent @ 50 KLD discharged onto land for plantation after treatment in STP under the Orange category.
The project proponent has deposited Consent fee of Rs. 111500/- vide R.No. 03/4801 dt. 09.08.2018, Consent fee of Rs. 8400/- Through online vide R.No. SDL99657408 dt. 03.03.2022, Rs. 120650/- Through online vide R.No. SDL99706354 dt. 04.03.2022, Rs. 544450/- Through online vide R.No. PSIBR22025062100771325 dt. 21.06.2025 (Total Rs. 785000/-) under the Water Act, 1974 and Air Act, 1981 which is adequate upto 30.09.2030 after including 700% penalty fees as per the Board's office order dated 29.10.2018 against fixed assets of Rs. 191 lacs as per the CA certificate dt 31.03.2025.
The PP has submitted copy of the layout plan by District Town Planner, Bathinda PP has submitted copy of Letter of Intent issued by Department of Town and Country Planning vide no. 1725 dated 08.08.2005 for setting up of residential colony namely Balaji Enclave at Rampura Phul in an area of 9.96 acres.
PP has submitted permission from Department of Housing And Urban Development vide no. 4255CTP(PB)/SP-432 dt. 26.07.2005 to use 9.96 acres land at rampura H.B. No. 72, Tehsil Phul, Distt. Bathinda for residential purposes.
PP has submitted letter of approval to develop a colony from District Town Planner, Bathinda vide no.1797 dt. 17.08.2005 for setting up of residential colony namely Balaji Enclave at Rampura Phul in an area of 9.96 acres.
As per approved building plan total plot area is 48218.50 sq yard and as per LOI granted to the PP, salable area is 59.99 %, hence total salable area of the project is 28926.27 sq yard i.e. 24186.04 sqm. Hence total builtup area of the colony considering FAR 2.1 is 50790.68 sqm, therefore the project is not covered under EIA notification 2006.
The PP has made arrangement to treat domestic effluent generated from M/s Balaji Enclave Ext-1 into the STP of capacity 140 KLD installed at its sister concern unit M/s Balaji Enclave, which is situated adjacent to this colony.
The site of the PP was visited by AEE of this office on 19.01.2026 and it was observed as under: -
1. There are total 83 no. residential plots inside the colony but out of the total plots only 22 residential houses were occupied, 5 houses were under construction and 3 houses were lying vacant as no person were residing there. Remaining plots were vacant.
2. The waste water generated from the colony was leading to the STP of capacity 140 KLD installed at its sister concern unit M/s Balaji Enclave for the treatment of domestic effluent generated from both colonies M/s Balaji Enclave and Balaji Enclave Extension-1. STP is having components collection tank, aeration tank, tube settler, sludge drying bed, sand filter and carbon filter. STP was found operational but no effluent was being discharged from the outlet of the STP due to minimal discharge, hence samples could not be collected.
3. The PP has installed water meter as well as energy meter with the STP and is maintaining record regarding effluent treated. As per record the present discharge from the outlet of STP containing treated effluent of both colonies is between 20 KLD to 25 KLD, as such the STP is principally adequate to manage the quantum of discharge.
4. The generation of waste water from 30 plots as per calculation prescribed by SEIAA is 30X15X135X80%=48.6 KLD ≈ 50 KLD.
5. The PP is discharging treated effluent of both colonies on green area provided in both colonies. The total green area provided in Balaji Enclave is 5680 sq yards and in Balaji Enclave Ext-1 is 7220 sq yards. Hence total area under gardening/ plantation is 12900 sq yards ≈ 2.6 acres which is adequate to manage optimum discharge of 90 KLD being generated from both colonies (40 KLD from Balaji Enclave and 50 KLD from Balaji Enclave Ext-1).
6. The maximum discharge of the colonies have been calculated as per the SEIAA formula considering residence of 15 persons per home but actually no. of person per house in this colony is not more than 5 or 6 as informed by the PP, even in some houses only 2-3 persons are residing. The average no. of persons per house in both colonies is 5. Therefore the actual discharge of both colonies remains in between 20-25 KLD.
7. The project proponent has made arrangement to manage wet waste with the 3 compost pits constructed in its sister concern colony M/s Balaji Enclave and dry waste is being handed over to MC.
8. The Master plan of MC, Rampura Phul has not been yet prepared. Air polluting industry (Rice sheller & Copula furnace) exists within 100 meter distance from the boundary wall of the colony. However, as the project proponent has obtained the CLU and got its building plan approved from the concerned department in the year 2005 i.e. well before the policy of the Board dated 30.10.2009, hence CTO can be granted to the project proponent for colony.
Keeping in view of above it is recommended that partial consent to operate for the operation of 30 no. Residential Plots against the total residential plots of 83 no. in an area of 9.96 acre due to less occupancy for the disposal of domestic effluent @ 50 KLD discharged onto land for plantation after treatment in STP for a period upto 30.09.2030, with suitable conditions along with suitable conditions that: -
1. The project proponent shall provide minimum buffer of 15 meters green belt of broad leaf trees towards the air polluting industries, boundary of which are located within 100 meters from the boundary of such air polluting industries. The species / verities of trees shall be decided in consultation of Forest Department.
2. The project proponent shall bound to comply with the zoning regulations of Master Plan as and when notified.
3. Punjab Pollution Control Board is not responsible for any loss incurred in case the site of colony comes under non-confirming zone of Master Plan to be prepared by the Department of Town & Country Planning Punjab.
4. The total built-up area of the project will not exceed 1,50,000 sq.m in any case. The project proponent shall be bound to obtain environmental clearance under EIA notification dated 14.09.2006 in case the builtup area of the project increases above 1,50,000 sq. meters.
5. The project proponent shall operate the STP regularly & efficiently so as to achieve the prescribed standards.
Competency: SEE
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