| File Note: |
Proceedings of the personal hearing given on 16/4/2018 by the Chairman of the Board to M/s Chandigarh Education Trust (Regd.), (Project: Chandigarh University), Vill. Gharuan & Mamupur, 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. S.P. Garg, Senior Environmental Engineer, Zonal Office-I, Patiala.
From the Industry:
1. Sh. Balbir Singh Dhol, Director
Senior Environmental Engineer, Zonal Office-I, Patiala brought out that the University was established in June, 2009 without obtaining EC under the provisions of the EIA Notification dated 14/9/2006 and NOC / 'consents to operate' from the Board. Presently, about 1,250 students are day scholars and about 2,500 students are hostellers.
The University has installed STP of capacity 1.5 MLD based on MBBR technology.
The Government vide letter dated 30/9/2013 directed the Board to launch prosecution u/s 15, 16 read with section 19 of the Environment (Protection) Act, 1986 against its responsible persons. The case has been disposed off by the Competent Court by the following concluding remarks:
".......... The perusal of notification reveals that word substituted has been mentioned and word addition is not there and therefore, benefit is to be given retrospective and conjoint reading of notifications dated 22.12.2014 and 11.09.2014 makes it clear that all the industrial sheds, schools, colleges, hostels for education institutions have been taken away from the purview of rule 5, sub rule (3) of the Environment (Protection) Act, 1986.
In view aforementioned discussion, application in hand is hereby allowed and accused are ordered to be discharged. File be consigned to the record room, after due compliance under rules."
Note: The decision is to be taken in the matter regarding contents of para no. 3 above i.e. whether appeal is to be filed against the orders of the Court or not.
It is mentioned here that SEIAA vide letter no. 910 dated 25/1/2016 has issued following directions to the University u/s 5 of the EPA, 1986:
"That the project proponent shall not carry out any other construction activity of its already existing educational institute namely "Chandigarh University" at Village Gharuan and Mamupur, Tehsil Kharar, Distt. S.A.S. Nagar, till it obtains environmental clearance under EIA notification dated 14/09/2006. Further, the above decision, is subject to the final orders of the Hon'ble Supreme Court of India in the matter of Civil Appeal No. 7191-92 of 2015 as may be applicable to this project and decision of any competent court to the extent applicable."
Simultaneously, SEIAA had also requested the Board to launch prosecution u/s 15, 16 read with section 19 of the EPA, 1986 against the project proponent and its responsible persons because it is a continuous violation case and this court case is also pending in the Competent Court of Law at Kharar.
The University submitted bank guarantee of Rs. 25 lac (valid upto 8/6/2017).
The University has been granted 'consents to operate' under the Water Act, 1974 & the Air Act, 1981 on 22/9/2017, which are valid upto 31/3/2021.
The Company M/s Consort Builders Pvt. Ltd. has started construction of hostels for Chandigarh University in an area of 19.89 acre (besides 66.217 acre of main campus) without getting NOC of the Board. Thus, the Company and the University was afforded joint hearing on 11/10/2017. But neither any representative of the Company attended the hearing nor submitted any reply in the matter. However, the University vide its email dated 6/10/2017 requested to afford another opportunity of personal hearing.
The University was afforded an opportunity of personal hearing before the Chairman of the Board on 4/5/2017, wherein the Director (Admn.) of the University submitted in writing that the new construction of hostels is concerned, these hostels do not form part of the Main campus. Moreover, the said construction of hostels has been done and are being operated by M/s Consort Builders Pvt. Ltd. The said entity is an independent organization (M/s Consort Builders Pvt. Ltd.) and M/s Chandigarh Educational Trust does not have any relationship with that particular organization. M/s Consort Builders Pvt. Ltd. is responsible for day to day construction & functioning of these hostels, management and treatment of effluents, other environmental parameters including obtaining of all statutory permissions. He assured that M/s Consort Builders Pvt. Ltd. will be strictly asked to obtain all the statutory permissions in a time bound manner.
The University has now applied for obtaining 'consents to operate' under the Water Act, 1974 & the Air Act, 1981 by mentioning that hostel (Nek Chand Hostel Complex) has been constructed by the University itself. Thus, the representative of the Promoter / University has given wrong statement during hearing on 4/5/2017.
The University has constructed the hostel without obtaining permission for change of land use as well as layout plan approved from the authorities concerned. In the absence of these approvals, the built up area of the hostel could not be verified.
The University has obtained permission from CGWA for abstraction of ground water @ 392 KLD, whereas, the quantity of fresh water is abstracted is much more, therefore, the promoter is required to obtain revised permission from Central Ground Water Authority for total quantity of water being abstracted.
The site was visited by officer of the Board on 7/2/2018 and it was observed that:
i) The promoter has not started reusing treated wastewater for flushing purposes.
ii) No water meter has been installed on tubewells.
The University has failed to comply with the directions issued by SEIAA vide letter no. 910 dated 25/1/2016.
In view of above, the University has been issued show cause notice before refusal of 'consents to operate' under the Water Act, 1974 & the Air Act, 1981 before the Worthy Chairman of the Board on 16/4/2018.
It is mentioned here that the University vide its letter dated 13/4/2018 has submitted reply of show cause notice issued to it. In the reply, the University has submitted that:
1. The consents applied are relating to the hostel named as "Nek Chand Hostel Complex", which is a separate unit from Chandigarh University.
2. The sewage treatment plant of capacity 1.5 MLD has been installed to treat the wastewater generated from the hostel complex and treated wastewater is utilized for plantation purposes.
3. The University has already applied to GMADA for obtaining change of land use and to get the layout plan approved.
4. For use of treated wastewater for flushing purposes, the connection has been made.
5. Digital water meter have been installed on tubewell and record is being maintained.
The Director of the University submitted that Chandigarh Education Trust has applied for CLU and approval of maps of the Nek Chand Hostel which is separate identity but the same has not yet been passed by the Govt. It will take one month more for approval.
After hearing the officers of the Board and the Director of the University, the Chairman of the Board decided as under:
i) The consent cases be returned to the PP to resubmit alongwith the approved maps.
ii) The PP will be again heard on 18/5/2018.
Submitted for approval of proceedings please. |
