| File Note: |
Subject: Proceedings of the personal hearing given on 15/1/2018 by the Chairman of the Board to M/s WWICS Resorts Pvt. Ltd., (Project: Forest Hill Golf and Country Club), Vill. Karoran, Teh. Kharar, Distt. SAS Nagar u/s 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 & u/s 21 of the Air (Prevention & Control of Pollution) Act, 1981.
The following were present:
From the Board:
1. Sh. Gulshan Rai, Chief Environmental Engineer
2. Sh. S.P. Garg, Senior Environmental Engineer, Zonal Office-I, Patiala.
From the project proponent:
1. Sh. Naginder Rao, General Manager
Senior Environmental Engineer, Zonal Office-I, Patiala brought out that the promoter has developed project named as "Forest Hill Golf and Country Club" in the revenue estate of Vill. Karoran, Teh. Kharar, Distt. SAS Nagar without obtaining 'consent to establish' (NOC) of the Board.
The promoter was afforded an opportunity of personal hearing by the Chairman of the Board on 21/3/2017. During hearing, the representative of the promoter stated that the matter regarding forest land has been decided in their favour and go ahead to the project has been given by the Court in June, 2016. Thereafter, some activity has been revived including operation of banquet hall, buffet, club house etc. The project is being developed in 75 acre land and does not attract the provisions of EIA notification dated 14/9/2006. After hearing, it was decided that in case, the project is allowed to setup by the Competent Authority and does not attract the provision of EIA notification dated 14/9/2006, it shall take all necessary measures for control of pollution and apply for obtaining NOC from pollution angle from the Board, within one month.
Now, the promoter has applied for obtaining 'consents to operate' under the Water Act, 1974 & the Air Act, 1981.
The promoter has submitted that the project is commissioned in July, 2016 and its cost is Rs. 11.89 crore. The project is having Golf Course Range, Club House, 2 Banquet Halls and 5 no. Huts.
From the perusal of consent applications / documents uploaded by the promoter, the following observations are made:
i) The promoter has not submitted permission for change of land use as well as approved layout / building plan from the authorities concerned. In the absence of approved plans, it could not be ascertained whether the project is covered under the provisions of the EIA Notification dated 14/9/2006 or not.
ii) In the consent applications, area of the project has been mentioned as 46 acre, whereas, during visit to the project site by the officer of the Board on 3/2/2017, the representative of the promoter informed the visiting officer of the Board that the total project area is about 250 acre. However, during hearing given to the promoter on 21/3/2017 by the Chairman of the Board, Col. H.M. Singh, Vice President of the project informed that the project is being developed in an area of 75 acre and thus, the project does not attract the provisions of the EIA Notification dated 14/9/2006.
Regarding non-submission of CLU & approved building plan, the promoter has submitted a copy of orders dated 30/4/2002 passed by the Court of Civil Judge, Senior Division, Roopnagar. The concluding remarks are reproduced as under:
“It is ordered that the suit of the plaintiff succeeds and a decree for declaration that the application dated 21.08.1998 moved by the plaintiff with the defendants seeking permission for setting up a forest hill Country Club Resort at Vill. Karoran, Teh. Kharar, Distt. Ropar over the built land detailed in the title of the plaint is deemed to have been sanctioned having not been rejected in writing within the statutory period of 90 days of its submission as required under the provisions of the Punjab New Periphery Control Act is passed in the favour of plaintiff against the defendants.”
Thereafter, the sequence of events in the matter, as submitted by the promoter are as under:
21.08.1998 The Dashmesh Educational Society had moved an application dated August 21, 1998, before Punjab Urban Development Authority (PUDA) under Punjab Periphery Control Act, for setting up of Forest Hill and Country Club within the area of village Karoran, District Mohali and the said of project was meant forpromotion of tourism, recreational activities without disturbing the natural feature. As the said application was not declined within the statutory period of 90 days it was deemed to have been sanctioned as per the provisions of the Periphery Control Act.
07.12.1998 That on 07.12.1998 a notification was issued for regularization all illegal constructions and in this policy there was a provision to allow Golf Course Amusement Park and Farm Houses in area in question.
30.04.2002 That as no order regarding the Application dated 21.08.1998 was communicated to the Society within the prescribed 90 days in terms of Section 5 of the Punjab New Capital Periphery Control Act, 1952, therefore the Society had filed a Suit for Declaration that Application dated 21.08.1998 seeking permission for setting up Forest Hill Golf & Country Club Resort over Agricultural land, is deemed to have been sanctioned having not been rejected in writing within the statutory period under provisions of Punjab New Capital Periphery Control Act, the said Civil Suit was decreed in favour of the Society vide Judgment and Decree dated 30.04.2002.
26.07.2002 That having aggrieved against the Judgment and Decree dated 30.04.2002, Two Separate Appeals, one by State of Punjab through Secretary Housing and second by PUDA were filed before the District Judge, Roopnagar against the Judgment & Decree dated 30.04.2002 and the said appeals were dismissed vide common order dated 26.07.2002 when the judgment and decree of the Ld. Trial Court was upheld, Forest Hill Golf & Country Club Resort became functional in October, 2002.
That thereafter, a Regular Second Appeal was preferred by State of Punjab through PUDA before the Hon'ble High Court which was dismissed by Hon'ble Justice Mr. M.S. Gill. No SLP was preferred.
That later on after 5 months, another Regular Second Appeal was preferred by Punjab State through Secretary Housing and the said Regular Second Appeal filed by State through Secretary Housing was admitted by Hon'ble Justice Mr. M.S. Gill, and also suo-moto recalled the order passed in the earlier dismissed RSA preferred by State of Punjab through PUDA. It would be pertinent to mention here that once the earlier RSA against the same very judgment dated 26.07.2002 having been dismissed, there is no provision in law to recall the dismissal order and the only remedy available to the State of Punjab (PUDA) was to prefer an SLP against the dismissal order and infact once the earlier RSA was ordered to be dismissed, the said orders were to operate as res-judicata with regard to the second RSA preferred by State of Punjab, Secretary Housing.
That both the RSA remained pending and the Club was allowed to remain functional.
22.01.2004 That on 22.01.2004, a news item appeared in the Hindustan Times alleging that the Forest Hill Resort has been constructed in violation of rules and procedures of Forest Land and the said news item was treated as a Public Interest Litigation and converted into CWP 1134 of 2004. Another petition filed by one Ranjit Singh on the same issue (CWP 1850 of 2004) was also filed and during the said proceedings, the above said Regular Second Appeals filed against the concurrent findings given by he Ld. Trial Court and that of the Lower Appellate Court, dated 30.04.2002 & 26.07.2002, in the matter of Dashmesh Education Society VS. PUDA & Secretary Housing, was also ordered to be tagged along with the PIL and finally vide orders dated 12.10.2004, the PIL and the RSA's were decided vide separate judgments.
12.10.2004 That in the PIL a finding was recorded by the Hon'ble High Court that all PLPA Lands were to be treated as Forest Lands and in the Regular Second Appeals, vide separate judgment and decree, the appeals were allowed and the orders passed by the Ld. Trial Court and the Ld. Lower Appellate Court were reversed.
21.05.2014 & 25.03.2015 That separate SLP's were preferred against PIL & Regular Second Appeals which were later on converted into Civil Appeals and vide Judgment and decree dated 21.05.2014 passed by the Hon'ble Supreme Court of India in Civil Appeal 4682 & 4683, the Hon'ble Supreme Court remanded the matter to the Hon'ble High Court that all PLPA Lands were forest lands. The Hon'ble High Court was directed to decide the said issue by taking into consideration the Government records as on 25.10.1980 i.e. the date on which the Forest Conservation Act 1980 came into existence, moreover in Civil Appeal 4684-85 of 2005 titled as Dashmesh Education Society Vs. State of Punjab decided vide order dated 25.03.2015, the orders of the Hon'ble High Court in RSA No. 4328 of 2002 and RSA No. 4345 of 2002 were set aside and the same was remanded back to the Hon'ble High Court for fresh consideration.
Now the said Regular Second Appeals No. 4328 of 2002 & 4345 of 2002 are pending at Regular No. 643 before Hon'ble Mr. Justice Anil Khetarpal, Punjab and Haryana High Court.
The project site was visited by officer of the Board on 20/11/2017 and it was observed that:
1. The promoter has not made any arrangements for treatment of wastewater generated from huts and the wastewater generated is collected in a tank and thereafter, this tank is emptized with tanker(s) and the wastewater is disposed off unauthorizedly at unknown place.
2. During visit, the representative of the promoter failed to submit satisfactory reply regarding disposal of solid waste generated from the activities in the project.
3. No water meter has been installed with tubewell.
4. No flow meter has been installed at the outlet of STP and also not installed separate energy meter with the STP.
The promoter has not yet obtained permission from Central Ground Water Authority for abstraction of ground water.
In view of above, the promoter has been issued show cause notice before refusal of 'consents to operate' under the Water Act, 1974 & the Air Act, 1981 with an opportunity of personal hearing.
During hearing, the representative of the promoter submitted written reply of show cause notice issued to him, which has been taken on record. He submitted that all the observations pointed out by the Board have been complied with.
After hearing the officers of the Board and the representative of the promoter, the Chairman of the Board decided as under:
i) The promoter will give the exact area of the project to decide as to whether environmental clearance under the provisions of the EIA Notification dated 14/9/2006 is required for the project.
ii) RO will verify the written statement given by the promoter.
iii) The consent cases be returned and the same will be re-submitted after getting the total area verified from RO, SAS Nagar.
iv) RO will submit the latest status of the case pending in the Hon'ble High Court.
v) SEIAA / SEAC also be requested to clarify as to whether the Golf Club having area more than 50 ha. is covered under the provisions of the EIA Notification dated 14/9/2006.
The file is submitted for confirmation of hearing dated 15/1/2018 please. |
