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As discussed, it is submitted that 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. As such, the PP is required to submit certificate to the effect that project site is in residential area or in earmarked zone…………………….
AEE (scrutiny officer) has completed scrutiny as well as processed CTE application of project without obtaining document from the PP regarding its land use, so as to decide suitability of site as per policy of the Board. The application was returned in the first instance. Now the PP has again apply for obtaining CTE application and AEE has again completed scrutiny of the application and has again processed the application without obtaining the above necessary document………………
Now vide note dated 17.03.2026, AEE has obtained document from PP, wherein it has submitted revenue report wherein it has mentioned that the site of project falls in the residential zone of notified Master Plan of Ludhiana (2007-31), which is not in prescribed format (as per letters issued by DTP in earlier cases and considered by Board in earlier CTE applications). As such AEE has shown negligence in processing of application which results in delay in processing of application. Accordingly, explanation in the matter has been called of concerned AEE. ………………..
It is further mentioned here that 12th joint meeting of SEIAA/SEAC was held on 09.06.2021. In the said the matter w.r.t adoption of procedure for grant of Environmental Clearance for the area development projects in which the total area is less than 50 hectares but exact built-up area is not provided was taken up on item no. 12.01 of the said meeting(copy attached)……………………….In the said meeting it was decided as under: I. Applications for grant of ECs for area development projects having total area less than 50 ha, which do not provide the total built up area will be considered as in complete and essential details will be sought regarding the total built-up area at scrutiny level. In case, the Project Proponent is unable toprovide the exact details of the proposed built-up area, he will need to certify the category of the same i.e. < 20,000 sqm; >20,000 but <1,50,000 sqm or > 1,50,000 sqm. The information regarding the built-up area can be provided either on actual basis or calculated on the basis of permissible FAR. Applications which neither provide the built-up area on actual basis nor certify the category in which the same falls, will not be processed since appraisal is to be undertaken by SEIAA / SEAC in accordance with the category of the project under the EIA Notification,14.09.2006. II. As recommended by SEAC in its 197th meeting held on15.03.2021, the total land area for which CLU has been obtained shall be considered for ascertaining the applicability of the EIA notification dated14.09.2006 and not the Net Planned Area. III. As recommended by SEAC in its 197th meeting held on 15.03.2021, the projects with land area less than 50 Ha but built-up area between 20,000 sqm and 150,000 sqm will be appraised as per the provisions of Schedule 8 (a) of the EIA notification 2006 as amended from time to time, as clarified by Regional Office, MoEF&CC, Chandigarh vide letter no. 1-5/ 2018/Miscellaneous/Env.205 dated 15.04.2019. IV. In cases, where the Project Proponent plans to undertake the Project in more than a single stage, ECs for the individual Tranches will include the condition that future Tranches will be considered as part of the same Project. In case the aggregate area, production capacity or any other component /feature of the combined Tranches brings the total Project area or other component into a higher category, appraisal will be carried out on the basis of the aggregate area or component as per EIA Notification, 2006 and other relevant directions of MoEF&CC…………………………
It is pertinent to mention here that MoEF, Northern Regional Office, Chandigarh vide its letter no. 205 dated 15/4/2019 has earlier clarified that the projects with a land area of less than 50 ha but a built-up area of more than 20,000 sqm may be appraised as per provisions of Schedule 8(a) of the ElA Notification, 2006 as amended from time to time. The Board has sought clarification in this regard from MoEF&CC vide its letter no. 10949 dated 09.05.2023, wherein the view of the Board is as under:- 1. For totally plotted projects, the threshold limit for the built-up area (FAR basis) is 150000 Sqm as per clause 8(b)………………… 2. In case, there is plotted project and if the built up area of individual plot in the project is less then 20,000 Sam and the total built-up area of that project is also less than 1,50,000 Sqm then, the project is not covered under EIA 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 ElA notification dated 14/9/2006………….. No reply/revert in the matter has been received from MoEF&CC, till date……….
In view of above, this office is of the opinion that the subject cited project requires to obtain Environment Clearance (as built up area is more than 20000 sqm) under Cat 8(a) of the schedule appended to the notification…………………. As such case is submitted for consideration for action in the matter as already recommended in the note dated 28.03.2026 of undersigned. ……………
Competency: Member Secretary of the Board.
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