| File Note: |
As discussed, the project has submitted approved layout plan from Senior Town planner vide letter no. 1406 STP(L)/LA-23 Dated 26-08-2025. As per site plan submitted by the project proponent, the built up area of the project will be, (312052+35011)*2.1 (considering maximum FAR of 1:2.1 for residential plots) + 8970*3 (considering maximum FAR of 1:3 for commericial plots) + 23714*1.5 (considering maximum FAR of 1:1.5 for school) = 791313 square feet OR 73553 square meter……
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…………………… 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……………………… As such, from above, the project is required to obtain EC………..
Also, as per notification of Board dated 30.10.2009 for Construction projects, it is mentioned that where statutory master plan has been notified under the Punjab Regional and Town Planning and Development Act, 1995 (Amended) 2006, mixed land use or any other development/construction which come up as per the earmarked zone, in case of new residential/commercial project, there is no need to keep any additional distance from the existing industry from the environment point of view because these factors have already been considered while earmarking the use of land for different categories. The PP has not submitted certificate to the effect that project site is in residential area or in earmarked zone………………
In view of above, the CTE application of the project cannot be processed ahead without clarifying/ obtaining requisite documents as mentioned above………….
It is therefore recommended that show cause notice for refusal of CTE may be issued to the project along with personal hearing before Competent Authority of the Board……………. Competency – Member Secretary of the Board
|
