| File Note: |
The query raised by the Chairperson Madam is as under:
“Discuss with SLO, what is the need to give CTE, since the PP cannot carry out any construction prior to obtaining EC. Is it not better to obtain EC first”………………………….
To this, the regional office has informed that the officer of RO3 had visited a number of times to the head office Patiala, however, the final legal opinion in the case could not be obtained from the SLO head office Patiala. Thereafter, the regional office has connected the matter with the legal opinion obtained by the board in the case of M/s Omex Royal Nest developed by Omex Limited, village Thakkarwal, Ludhiana………………………..The said legal opinion was given to adjudge as to whether the projects with project area less than 50 hectare and built-up area more than 20,000 square meter required to obtain EC under the EIA notification dated 14-09-2026. The said legal opinion was given in light of the judgment passed by the Hon'ble Supreme Court of India on 5-08-2025 in M/s Vanshakti vs Union of India. The said matter related to the notification issued by the MoEF&CC, Government of India dated 29-01-2025 granting exemption to certain projects by way of inserting note 1 in the said notification. The said judgment only questioned the note 1 of the entry 8A of the schedule appended to the said notification and does not relate to the threshold criteria for township-public area development projects under entry 8B. Therefore, the legal opinion given in the case of M/s Royal Nest Estate developed by Omex Limited is not directly governed by the judgment in the matter of M/s Shakti vs Union of India……………………….. To the query raised by the Chairperson Madam, it is mentioned here that the MoEF&CC, Government of India, vide order dated 20th of September 2021, has already issued directions u/s 5 of the Environment Protection Act, 1986. A copy of the said notification is attached herewith…………………In this case, the central government has given directions that before grant or renewal of CTE, the State Pollution Control Board shall ascertain the applicability of the EIA notification and stipulate the project proponent with appropriate condition for obtaining EC, if applicable, before construction or commencement of project or activity……………….. The State Pollution Control Board shall also ensure that the project proponent possesses a valid prior environmental clearance in terms of the extent EIA notification, if applicable, at the time of grant or renewal of CTO, and no CTO shall be granted or renewed unless EC, if applicable, has been obtained…………………. Thus, the MoEF&CC vide said order has allowed the State Pollution Control Board to grant the environmental clearance with the condition that the project proponent shall obtain the environmental clearance before construction or commencement of project or activity. Accordingly, before recommending the case for grant of EC, the said condition was recommended by the undersigned to be imposed………………..Regarding applicability of EC it is mentioned that as per the letter no. 417 dated 03.06.2024 issued by the SEIAA Punjab the project is required to obtain EC……Recommended as per my previous note dated 09.01.2026 please…………….
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