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As per the directions, the officer of this office had visited number of time Head office, Patiala, However, the final legal opinion is awaited in this case from the Senior Law Officer, Head office, Patiala. However, the legal opinion in the similar matter in the case of M/s Omaxe Royal Nest Developed by Omaxe Limited, Village Thakarwal, Ludhiana (copy attached) has been received in this office with the consent application of SKB Infra, VILL-GUREH, FEROZEPUR ROAD, LUDHIANA in application no. 30763128 (copy of legal opinion attached).
legal opinion given in this case M/s Omaxe Royal Nest Developed by Omaxe Limited, Village Thakarwal, Ludhiana has been read and it has been found as under:
1. The Supreme Court judgment dated 05.08.2025 in Vanashakti v. Union of India dealt with a different issue, namely the validity of the MoEF&CC Notification dated 29.01.2025 and the exemption granted under Note-1 to Entry 8(a) for certain categories of buildings such as industrial sheds, schools, colleges and hostels. The said judgment only quashed the exemption under Entry 8(a) and does not relate to the threshold criteria for township/area development projects under Entry 8(b).
2. Therefore, the legal opinion given in the case of M/s Omaxe Royal Nest Developed by Omaxe Limited, Village Thakarwal, Ludhiana, which is based on Entry 8(b) of the EIA Notification, 2006, is not directly governed by the judgment in Vanashakti v. Union of India.
3. The Proceedings of the 12th Joint Committee meeting of the State Environment Impact Assessment Authority (SEIAA) Punjab and State Expert Appraisal Committee (SEAC), Punjab held on 09.06.2021 are not received in this office. However, a letter no 417 dated 03.06.2024 of SEIAA written to the Worthy Member Secretary, Punjab Pollution Control Board has been traced in this letter at page no. 2 at para number 1 it has been stated by the SEIAA as under:
"Further, the predecessor SEIA had felt that there was a need for clarification with regard to applicability of ElA notification, 2006 for building construction and area development projects having built-up area less than 1,50,000 sqm and total land area less than 50 Ha. Accordingly, the matter was referred to MoEF&CC by SEIAA. The MoEF&CC vide letter no. I-5/2018/miscellaneous/ENV/205 dated 15.04.2019 has given clarification that the projects with land area less than 50 Ha but built-up area more than 20,000 sqm may be appraised as per the provisions of schedule 8(a) of the ElA notification, 2006 as amended from time to time. Thereafter, the matter was also discussed during joint meeting of SEIAA/SEAC wherein, it was decided that the EC application for building construction and area development projects shall be appraised as per the above clarification given by MoEF&CC."
A copy of the above letter is attached herewith for kind perusal. Further, the Competent Authority of the Board had also written a letter vide no. 10949 dated 09.05.2023 to the Joint Director, MoEF&CC, Chandigarh to clarify the letter no. 205 dated 15.04.2019 w.r.t EIA notification dated 14/9/2006 that in case there is plotted project and the built up area of individual plot in the project is less then 20,000 Sqm and the total built-up area of that project is also less than 1,50,000 Sqm then, the project is not covered under ElA notification dated 14/9/2006. But, if the individual plot area is more than 20,000 Sqm in that plotted project, then the project proponent is bound to obtain environmental clearance under EIA notification dated 14/9/2006. Further, it is intimated that after issuance of the above said clarification by MoEF vide its letter no. 205 dated 15/4/2019, it is felt that the clause 8 (b) of the EIA Notification, 2006 becomes infructuous.
As per the matter taken up with the Concerned division of Head Office, Patiala the reply in this regard yet not received from the Head office, Patiala.
In view of above, it is the opinion of the undersigned as per the present documents available that at this instant the project needs to obtain EC from SEIAA, Punjab under Cat 8(a) of the schedule appended to the said notification…………………… In light of above, it is recommended to grant CTE with usual condition and special condition of construction projects along with 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. The matter be decided after approval from the Competent Authority of the Board.
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