index item no. - seiaapunjab.co.in meeting of seac - agenda.pdf · to 60,000 tpa in the existing...

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INDEX

Item no.

Description Page no.

94.01 Confirmation of the proceedings of 93rd meeting of State Level Expert Appraisal Committee held on 03.02.2014.

3

94.02 Action taken on the proceedings of the 93rd meeting of State Level Expert Appraisal Committee held on 03.02.2014.

4-18

94.03 Application for obtaining Environmental Clearance for development of an "Integrated Municipal Solid Waste Management Facility" by Municipal Council, Ferozepur.

19-29

94.04 Application for obtaining environmental clearance under EIA Notification dated 14.09.2006 for increase in the production capacity of existing differential, rear cover, gear box, trumpet & other tractor parts from 35,000 TPA to 60,000 TPA in the existing Swaraj Division Foundry unit located in the revenue estate of Village Majri, Tehsil Kharar, District Mohali by M/s Mahindra & Mahindra (P) Ltd.,

30-32

94.05 Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for development of Tourist Reception Facility and car Parking near Wagha Border, Village Attari, Teh & Distt. Amritsar by the Department of Tourism, Govt. of Punjab.

33-37

94.06 Application for obtaining Environmental Clearance for development of a Township namely "Knowledge Park" in Sector 66, 82 & 83, SAS Nagar by M/s Greater Mohali Area Development Authority (GMADA).

38-43

94.07 Application for environmental clearance under EIA

notification dated 14.09.2006 for construction of "Thapar

University Campus" in the revenue estate of Village Behra

Tehsil Dera Bassi, Distt. Mohali.

44-51

94.08 Application for environmental clearance under EIA notification dated 14.09.2006 for development of a Hospital namely “Guru Nanak Dev Super-Specialty Hospital” in the revenue estate of Village Muradpura, Goindwal Sahib- Tarn Taran road, Tehsil & Distt Tarn Taran by M/s Baba Jiwan Singh Baba Dalip Singh Educational Trust.

52-57

2

94.09 List of projects where additional information desired has not been submitted even after elapse of 6 months of the State Expert Appraisal Committee meeting and list of projects pending between 3 to 6 months of the SEAC meeting for want of information.

58-69

94.10 Guidelines for consideration of proposals for grant of environmental clearance under EIA Notification, 2006 for mining of minor minerals – regarding categorization of Category ‘B’ projects/activities into category 'B1' and 'B2'.

70-77

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Item No.94.01: Confirmation of the proceedings of 93rd meeting of State Level Expert Appraisal Committee held on 03.02.2014.

The proceedings of the 93rd meetings of State Level Expert

Appraisal Committee held on 03.02.2014 were circulated to all the members of

SEAC vide no. 8872-81 dated 04.02.2014.

No observations have been received from any of the

members. As such, the SEAC may confirm the proceedings of above said

meetings.

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Item No: 94.02: Action taken on the proceedings of the 93rd meeting

of State Level Expert Appraisal Committee.

Item

no.

Description Decision of the 93rd meeting of State Level Expert Appraisal

Committee.

Action taken

93.01 Confirmation of the proceedings of 85th, 86th, 87th, 88th, 89th, 90th, 91st and 92nd meetings of State Level Expert Appraisal Committee held on 26/12/2013, 4/1/2014, 10/1/2014, 13/1/2014, 17/1/2014, 20/1/2014, 25/1/2014 and 29/1/2014

respectively.

The proceedings of 85th, 86th, 87th, 88th, 89th, 90th, 91st and 92nd meetings of State Level Expert Appraisal Committee held on 26/13/2013, 4/1/2014, 10/1/2014, 13/1/2014, 17/1/2014, 20/1/2014, 25/1/2014 and 29/1/2014 respectively were circulated to all the

members concerned

No further action is

required to be taken

in the matter.

93.02 Action taken on the proceedings of the 80th, 81st, 82nd, 83rd, 84th, 85th, 86th, 87th, 88th, 89th, 90th, 91st and 92nd meeting of State Level Expert Appraisal

Committee.

It was seen by the State

Level Expert Appraisal

Committee.

No further action is

required to be taken

in the matter.

93.03 Application for environmental clearance under EIA notification dated 14.09.2006 for development of a residential apartment project namely “Maple Leaf Towers” in Shubham Enclave, Sultanwind Sub-Urban, Amritsar by M/s Simmro Infrastructure &

Developers Pvt. Ltd.

The Committee decided to defer the case till the project proponent submits the reply of certain.

The decision of the SEAC has been conveyed to the project proponent vide letter no. 1523

dated 06.02.2014.

93.04 Application for obtaining Environmental Clearance for development of a Group Housing Project namely "Emerging Heights-III" in the

The SEAC decided as under:

(i) To forward the case to SEIAA with the recommendation to ask the project

(i) and (ii)The case

has been forwarded

to the SEIAA for

taking further

5

revenue estate Village Santemajra, Kharar-Landran Road, Sector-115 Tehsil Kharar, Distt. SAS Nagar by M/s Emerging India Housing Corp (P) Ltd.

proponent to submit a formal resolution passed by the Board of Directors of the Company or the Managing Committee / CEO of the Society, Trust, partnership / individually owned concern, within 60 days, mentioning that violations will not be repeated in future and in the meantime, the project may be delisted. In the eventuality of not having any response from the project proponent within the prescribed limit of 60 days, the project file may be closed.

(ii) To recommend to SEIAA to send the case to the Govt. of Punjab, Department of Science, Technology & Environment:

For initiating credible action against project proponent / responsible persons / promoter company under the Environment (Protection) Act, 1986 due to start of construction activities of the project without obtaining Environmental Clearance under EIA notification dated 14.09.2006.

For issuance of directions under Section 5 of the Environment

necessary action.

(iii) The decision of

the SEAC has been

conveyed to the

project proponent

vide letter no. 1518

dated 06.02.2014.

6

(Protection) Act, 1986 to restrain the promoter company from carrying out any further construction activity of the project till the environmental clearance under EIA notification dated 14.09.2006 is obtained.

(iii) To ask the project proponent to submit certain documents.

93.05 Application for environmental clearance under EIA notification dated 14.09.2006 for development of a commercial complex namely “Sushma Infinium” in the revenue estate of Village Bishangarh, Tehsil Derabassi, District S.A.S. Nagar by M/s Sushma Buildtech Ltd.

The Committee decided to defer the case till the project proponent submits certified report from Regional Office of MoEF regarding the status of compliance of the conditions of the environmental clearance already granted to the promoter company.

The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.06 Application for obtaining extension in the validity of Environmental Clearance under EIA notification dated 14.09.2006 of commercial project namely "Silicon Square" at Vill. Bhankerpur and Singhpura, Tehsil Dera Bassi, Distt. Mohali by M/s Silicon Construction Pvt. Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.07 Application for environmental clearance under EIA notification dated 14.09.2006 for carrying out expansion of an educational institute namely "RIMT

The Committee decided to defer the case till the project proponent submits certified report from Regional Office of MoEF regarding the status of compliance of the

The decision of the

SEAC has been

conveyed to the

project proponent


7

Group of Colleges" already existing in the revenue estate of Village Talwara/Harbanspura, Mandi Gobindgarh, District Fatehgarh Sahib by M/s Shri Om Parkash Bansal Educational &

Social Welfare Trust.

conditions of the environmental clearance already granted to the promoter company.

dated 06.02.2014.

93.08 Application for obtaining extension in the validity of Environmental Clearance under EIA notification dated 14.09.2006 of commercial project namely "Raksha Business Centre" at Vill. Lohgarh, Tehsil Dera Bassi, Zirakpur, Distt. Mohali by M/s ABC Sites

Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.09 Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for development of a Group Housing Scheme in the revenue estate of Village Sante Majra, Tehsil- Kharar, District SAS Nagar by M/s Parkwood

Developers Pvt. Ltd.

The Committee decided to forward the case to the SEIAA with the recommendation to grant Environmental Clearance subject to certain conditions.

The case has been

forwarded to the

SEIAA for taking

further necessary

action.

93.10 Application for environmental clearance under EIA notification dated 14.09.2006 for an already existing educational institute namely “Chandigarh University" at Chandigarh-Ludhiana Road, Village Gharuan and Mamupur, Tehsil Kharar, Distt S.A.S. Nagar, by M/s Chandigarh Education

The Committee decided to again ask the promoter company to submit the reply to the observations as conveyed vide letter no. 2266 dated 19.06.2013 and defer the case till the promoter company submits the same.

The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

8

Trust.

93.11 Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for developing of Residential Apartments-cum-Commercial Complex at Village Pholriwal, Near Urban Estate Phase-II, Jalandhar by M/s RAP

Projects Pvt. Ltd.


The case has been

forwarded to the

SEIAA for taking

further necessary

action.

93.12 Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for expansion of mega housing project namely "Hyde Park Estate" at Vill. Salamatpur, Devi Nagar, Bhaunjian, Ratwara and Mullanpur, Tehsil Kharar, Distt. SAS Nagar, Punjab by M/s DLF Universal Ltd.


The case has been

forwarded to the

SEIAA for taking

further necessary

action.

93.13 Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for developing a project namely "I.T. Twin Tower" at Plot no. 5001, Sector 66-A, Mohali by M/s Janta Land

Promoters Ltd.

The SEAC decided as under:

(i) To forward the case to SEIAA with the recommendation to ask the project proponent to submit a formal resolution passed by the Board of Directors of the Company or the Managing Committee / CEO of the Society, Trust, partnership / individually owned concern, within 60 days, mentioning that violations will not be repeated in future and in the meantime, the project may be delisted. In the eventuality of not

(i) and (ii)The case

has been forwarded

to the SEIAA for

taking further

necessary action.

(iii) The decision of

the SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

9

having any response from the project proponent within the prescribed limit of 60 days, the project file may be closed.

(ii) To recommend to SEIAA to send the case to the Govt. of Punjab, Department of Science, Technology & Environment:

For initiating credible action against project proponent / responsible persons / promoter company under the Environment (Protection) Act, 1986 due to start of construction activities of the project without obtaining Environmental Clearance under EIA notification dated 14.09.2006.

For issuance of directions under Section 5 of the Environment (Protection) Act, 1986 to restrain the promoter company from carrying out any further construction activity of the project till the environmental clearance under EIA notification dated 14.09.2006 is obtained.

(iii) To ask the project proponent to submit

certain documents.

93.14 Application for obtaining environmental clearance

The Committee decided to forward the case to the

The case has been

forwarded to the

10

under EIA notification dated 14.09.2006 for construction of a Township Project namely “TDI City” in Sector 110-111, S.A.S. Nagar by M/s Taneja Developers &

Infrastructure Ltd.

SEIAA with the recommendation to grant Environmental Clearance subject to certain conditions.

SEIAA for taking

further necessary

action.

93.15 Application for obtaining environmental clearance for developing a 'Model Industrial Park' in the revenue estate of Village Vallah, District Amritsar by M/s Penguin Buildtech Pvt. Ltd. and Veer Colonizers &

Builders Pvt. Ltd.

The SEAC decided to defer the case till the project proponent submits the reply of certain observations.

The decision of the

SEAC has been

conveyed to the

project proponent


dated 04.02.2014.

93.16 Application for obtaining Environmental Clearance for development of an "Integrated Municipal Solid Waste Management Facility" by Municipal Council,

Ferozepur.

The Committee in compliance to Office Memorandum dated 25.02.2010 of the MoEF, New Delhi decided to defer the case.

The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.17 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth along NH 95 Ludhiana to Talwandi Bhai 4 Lane, in the revenue estate of Vill. Thamanwala, Tehsil & Distt. Moga by M/s Varaha Infra Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.18 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth along NH 95 Ludhiana to Talwandi Bhai 4 Lane, in the revenue estate of Vill. Daroli Bhai, Tehsil & Distt. Moga by M/s


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

11

Varaha Infra Ltd.

93.19 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth along NH 95 Ludhiana to Talwandi Bhai 4 Lane, in the revenue estate of Vill. Bharowal Kalan, Tehsil Jagraon, Distt. Ludhiana by M/s Varaha Infra Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.20 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth along NH 95 Ludhiana to Talwandi Bhai 4 Lane, in the revenue estate of Vill. Mandiani, Tehsil Mullapur, Distt. Ludhiana

by M/s Varaha Infra Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.21 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth along NH 95 Ludhiana to Talwandi Bhai 4 Lane, in the revenue estate of Vill. Sidhwan Kalan, Tehsil Jagraon, Distt. Ludhiana by M/s Varaha

Infra Ltd.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.22 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Chak Amar Singh, Tehsil Chamkaur Sahib, Distt. Ropar by M/s Jagjit Singh S/o Kulwant

Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

12

93.23 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Madomajra, Tehsil and Distt. Patiala by M/s Kuldeep Singh S/o

Shriram


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.24 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Lalochhy, Tehsil and Distt. Patiala by M/s Lucky Contractor


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.25 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Amampur, Tehsil and Distt. Patiala by Sh. Kulwinder Singh S/o Sh.

Jarnail Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.26 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Daun Khurd, Tehsil and Distt. Patiala by Sh. Sukhdeep Singh S/o Sh.

Balbir Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.27 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Bhanra, Tehsil and Distt. Patiala by M/s


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

13

Sukhwinder Singh

93.28 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Chak Amar Singh, Tehsil Chamkaur Sahib, Distt. Ropar by Sh. Jagjit

Singh S/o Kulwant Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.29 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Sotal, Tehsil Chamkaur Sahib, Distt. Ropar by Sh. Subhash Chand S/o Sukhdev

Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.30 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Kamalpur, Tehsil Samana, Distt. Patiala by Sh. Jagseer Singh S/o

Sh. Sukhdev Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.31 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Chalela, Tehsil and Distt. Patiala by Sh. Jasvir Singh S/o Sh. Mehar Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.32 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth

The Committee in compliance to Office Memorandum dated 25.02.2010 of the MoEF, New Delhi decided to

The decision of the

SEAC has been

conveyed to the

project proponent

14

in the revenue estate of Vill. Nararu, Tehsil Rajpura, Distt. Patiala by M/s Quality Bricks

Manufacturing Co.,

defer the case.


dated 06.02.2014.

93.33 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Dugri, Tehsil and Distt. Ropar by Sh. Arnal Kumar S/o Sh. Om

Parkash


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.34 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Patto, Tehsil and Distt. Mohali by Sh. Balvir Singh S/o Sh. Mahinder Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.35 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Maihs and Vill. Thuhi, Tehsil Nabha, Distt. Patiala by M/s

Krishna Brick Industry


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.36 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Sainserwal, Tehsil and Distt. Patiala by Sh.

Yadwinder Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

15

93.37 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Manakpur Sarif, Tehsil Kharar, Distt. SAS Nagar by Sh. Inderjit

Singh S/o Sarwan Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.38 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Bathonian Kalan, Tehsil and Distt. Patiala by Sh. Sahib Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.39 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of ordinary earth in the revenue estate of Vill. Chotta Ghadram, Tehsil Chamkaur Sahib, Distt. Ropar by Sh. Jagdev Singh S/o Sh.

Dalip Singh


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.40 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (brick clay) in the revenue estate of Vill. Ittian Tehsil Mukerian, Distt. Hoshiarpur by M/s Dev Ichha & Co., BKO, Namoli, Tehsil Mukerian,

Distt. Hoshiarpur


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.41 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals

The Committee in compliance to Office Memorandum dated 25.02.2010 of the MoEF, New Delhi decided to

The decision of the

SEAC has been

conveyed to the

project proponent


16

(brick clay) in the revenue estate of Vill. Bodal, Tehsil Dasuya, Distt. Hoshiarpur by M/s Ajmer Pal Singh BKO, Vill. Khera Kotli, P.O. Panwan, Tehsil Dasuya,

Distt. Hoshiarpur.

defer the case.

dated 06.02.2014.

93.42 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (brick clay) in the revenue estate of Vill. Jandiali, Tehsil Banga & Distt. S.B.S. Nagar by M/s Baldev Singh Gurdeep Singh B.K.O., Vill. Jandialai, Distt.

S.B.S. Nagar.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.43 Application for grant of environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (brick clay) in the revenue estate of Vill. Rajdhan and Vill. Wadala Kalan, Tehsil Baba Bakala, Distt. Amritsar by M/s Kundan Lal Bricks

Co.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.44 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Chahal, Tehsil & Distt. Faridkot by M/s United Gram Udyog Samiti (Regd.).


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

17

93.45 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Chahal, Tehsil & Distt. Faridkot by M/s

Gurcharan Singh & Co.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.46 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Chahal, Teh. & Distt. Faridkot by M/s Guru Nanak Gram Udyog

Samiti.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.47 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Chahal, Tehsil & Distt. Faridkot by M/s Sopti

Gram Udyog Samiti.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

93.48 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Chahal, Teh. & Distt. Faridkot by M/s Aggarwal Bricks

Company.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

18

93.49 Application for environmental clearance under EIA notification dated 14.09.2006 for mining of minor minerals (Brick Clay) in the revenue estate of Vill. Tehna, Tehsil & Distt. Faridkot by M/s Kler

Gram Udyog Samiti.


The decision of the

SEAC has been

conveyed to the

project proponent


dated 06.02.2014.

19

Item no. 94.03: Application for obtaining Environmental Clearance for development of an "Integrated Municipal Solid Waste Management Facility" by Municipal Council,

Ferozepur.

The facts of the case are as under:

1. The Municipal Council, Ferozepur has applied for obtaining

Environmental Clearance for establishment of an Integrated Municipal

Solid Waste Management Facility at Village Bir Chahal, Distt., Faridkot as

required under EIA notification dated 14/9/2006. The project is covered

under Category 7 (i) of the Schedule appended to the said notification.

2. The case was considered by the SEAC in its 48th meeting held on

11.6.2011 and the M.C. was requested by the SEAC vide letter no. 2013

dated 9.6.2011 to attend the 48th meeting of the Committee on

11.6.2011 to present the project proposal. But neither any authorized

representative of the project proponent attended the meeting on

11.6.2011 for making presentation nor submitted any request for

adjournment. As such, it was decided by the Committee to defer the

case to the next meeting of SEAC. The decision of the SEAC was

conveyed to the project proponent vide letter no. 27704 dated

05.07.2011.

3. The case was again considered by the SEAC in its 49th meeting held on

18.7.2011, which was attended by the following on behalf of Municipal

Council, Ferozepur:

1. Sh. Vikas Dhawan, Sanitary Inspector, M.C. Ferozepur,

2. Sh. Yashwant Chauhan, Manager, IL&FS

The Committee noted that M/s J.M. Environet (P) Ltd.,

Gurgaon, who is the Environmental Consultant of M.C. Ferozepur, did

not come to attend the meeting. However, the representatives, who

came to present the project proposal were not aware of any technical

details. The Committee also expressed that M.C., Ferozepur took the

matter very lightly since Sanitary Inspector of M.C. Ferozepur came to

present the project proposal, who was also not aware of any technical

details of the project proposal. After detailed deliberations in the matter,

the Committee observed certain information / data are required for

20

scoping of the project proposal. The Committee also observed that a

part of the land is under encroachment, therefore, it should be removed

before the application for issuance of TOR for Rapid EIA study report is

considered. Sh. Vikas Dhawan, Inspector, M.C. Ferozepur informed that

the said documents/data will be submitted within 15 days.

The Committee agreed to accept the request made by Sh.

Vikas Dhawan, Inspector, M.C. Ferozepur and decided to defer the case

till proper reply of the aforesaid observations, is received. The

Committee also decided that the responsible officer of the M.C.,

Ferozepur/Faridkot, who is well conversant with the project proposal

alongwith consultant, whose name is in the list of Ministry of

Environment & Forests, should come to present the project proposal

having proper authority letter of the Competent Authority of M.C.

The decision of the Committee was conveyed to the MC,

Ferozepur vide letter No. 31819 dated 03.08.2011.

4. Thereafter, the project proponent vide letter no. 1514 dated 7.05.2012

submitted the reply of the observations of Committee, details of which are

as under:

Sr. No.

Information/data needed for further appraisal of the case

Reply submitted by the project proponent.

1. CLU status/ownership rights of the

land

A copy of the letter vide no. 2480 dated 05.10.2009 issued by the Municipal Council Faridkot to the effect that MC Faridkot accords in principle approval for allocating 18 acres of the land located at Village Bir Chail, Distt. Faridkot for setting up of MSW project including MSW transfer station.

2. Approved Layout plan/ Building

plan from Competent Authority.

Submitted and the same has been approved by MC Ferozepur.

3. Topographical map of the area

showing Contour Plan.

Submitted

4. Status of construction, if any,

alongwith photographs from all

the four sides.

Photographs showing that no construction activity has been started at site

5 500 meter radius map of the area

from periphery of project site

Submitted but the same is not proper.

21

clearly indicating the various

industries (specifically red

category industries) and structures

lying in the area.

6 Certificate of the Competent

Authority to the effect as to how

far Eco-sensitive and protected

area including wild life sanctuaries

are located.

A copy of the certificate issued by MC Ferozepur to the effect that there is no Eco-sensitive zone and protected area in the vicinity of the site.

7 Site plan of the project showing

the following

i) Location of STP ;

ii) Solid waste storage area.

iii) Green belt

iv) Parking space

v) RWH and water recharge pits

vi) Fire fighting equipment layout

vii) First aid room

viii) Location of Tubewells

Not submitted

8 Permission of Competent Authority

for ;

a) Water and Sewerage

connection

b) Use of Ground Water

Not submitted

9 Water balance chart for summer,

rainy and winter seasons

indicating critical requirements.

Submitted a table showing the water consumption for different processes to be undertaken but not for all the three seasons separately.

10 Availability of adequate land for

use of treated sewage and

plantation.

Not submitted

22

11 Analysis reports of ambient air,

ground water and noise levels

from NABL Accredited laboratories.

Not submitted

12 Construction schedule (PERT/CPM

Chart)

Submitted


20.05.2012, which was attended by Mr. Ashwani Kumar, Sanitary

Inspector, who informed that Executive Officer, M.C. Ferozepur has gone

to Chandigarh to attend a case in the Hon’ble Punjab & Haryana High

Court due to which he could not attend the meeting. The Committee

pointed out that the Hon’ble Court remained closed on Sunday. In turn, the

Sanitary Inspector informed that the E.O. was not feeling well due to which

he could not attend the meeting.

The SEAC noted that Sanitary Inspector is telling a lie on one

or other pretext regarding as to why the E.O. did not attend the meeting.

Furthermore, the Sanitary Inspector was not in a position to present the

technical details of the project proposal. The Committee also noted that

the Sanitary Inspector had also attend its 49th meeting on 18.7.2011 and at

that time he could not explain the technical details of the project proposal

due to which it was decided that a responsible officer, well conversant

with the project proposal, alongwith accredited environmental consultant

should come to the Committee to present the project proposal. The said

decision of the Committee was conveyed to M.C. Ferozepur vide letter no.

31819 dated 03.08.2011. Despite this and even knowing the facts that the

project is of a great importance for the State being related to scientific

disposal of Municipal Solid Waste, the E.O., Municipal Council, Ferozepur

did not bother at all to attend the meeting and again deputed the Sanitary

Inspector to present the project proposal.

The Committee brought to the notice of Sanitary Inspector

that a responsible Officer well conversant with the matter should attend

the meeting of SEAC to present the project proposal being of a great

importance of the State.

23

After deliberations, the SEAC decided to defer the case to its

next meeting and to inform the E.O., M.C. Ferozepur that only a

responsible officer of the M.C., Ferozepur/Faridkot, who is well conversant

with the project proposal alongwith consultant, whose name is in the list of

Ministry of Environment & Forests, should come to present the project

proposal having proper authority letter of the Competent Authority of

Municipal Council.

6. The Municipal Council, Ferozepur and Faridkot was requested by the SEAC

vide letter No. 2473 dated 13.06.2012 to attend its 60th meeting on

17.06.2012. However, no representative of Municipal Council, Ferozepur

and Faridkot attended the meeting of the SEAC, as such, the SEAC

decided to defer the case to its next meeting and to inform the E.O., M.C.

Ferozepur that only a responsible officer of the M.C., Ferozepur/Faridkot,

who is well conversant with the project proposal alongwith consultant,

whose name is in the list of Ministry of Environment & Forests, should

come to present the project proposal having proper authority letter of the

Competent Authority of Municipal Council. The decision of the Committee

was conveyed to the M.C. Ferozepur/Faridkot vide letter no. 2627 dated

21.06.2012.

7. The case was again considered by the SEAC in its 61st meeting held on

27.06.2012, which was attended by the following on behalf of the M.C.,

Ferozepur and Faridkot:

i) Sh. Surjit Singh, E.O., M.C. Ferozepur

ii) Sh. Rohitash Garg, AME, M.C., Faridkot

The Executive Officer, Municipal Council, Ferozepur informed

that the representative of IL&FS could not attend the meeting since the

dealing person of IL&FS Sh. Yashwant Chauhan is on leave. He requested

the Committee to adjourn the case to its next meeting. After deliberations,

the Committee accepted the request of E.O., M.C. Ferozepur and decided

to defer the case to its next meeting. The decision of the SEAC was

conveyed to the M.C., Ferozepur vide letter no. 28610 dated 04.07.2012.

24

8. The M.C. Ferozepur & Faridkot were requested vide letter No. 3185 dated

17.07.2012 and endst no. 3186 dated 17.07.2012, respectively, to attend

its 62nd meeting on 21.07.2012.

Following were present on the said meeting on behalf of M.C.

Ferozepur & Faridkot:

(i) Sh. Subhash Joshi, Executive Officer, Ferozepur

(ii) Sh. Surjit Singh, Executive Officer, Ferozepur

(iii) Sh. Hakam Singh, A.M.E., Ferozepur

(iv) Sh. Dewan Chand, Sanitary Inspector

(v) Sh. Rohitash Garg, A.M.E., M.C. Faridkot

(vi) Sh. Shashank Arora, Environmental Consultant of M/s Ind Tech House Consult, Delhi

(vii) Sh. Yashwant Chauhan of M/s IL&FS

Sh. Shashank Arora, Environmental Consultant of M/s Ind

Tech House Consult, Delhi, presented the project proposal before the SEAC

as under:

M.C. Ferozepur intends to establish an 'Integrated Municipal Solid

Waste Management Facility' in an area measuring as 18 acres in the

revenue estate of Villlage Bir Chahal, Distt., Faridkot, which will cater to

18 no. of Urban Local Bodies of Ferozepur cluster.

At present no activity is being undertaken at the proposed site of the

project, which is located at a distance of 36 kms from Ferozepur.

Total water requirement for the project is about 25 KLD, which will be

met through ground water.

The scope of the project includes the following:

a) Direct collection of waste from waste generators, within

Municipal limits of Ferozepur.

b) Storage of MSW including street sweeping and drain cleaning

waste at secondary collection points.

c) Transportation of MSW including street sweeping and drain

cleaning waste from secondary collection points to site.

25

d) Receiving of MSW from Transfer stations, nearby Municipal

Bodies and Nagar Panchayats.

e) Establishment of transfer stations at Muktsar, Ferozepur and

Moga.

f) Transportation of waste from transfer stations at Muktsar,

Ferozepur and Moga to the processing site at Bir Chahal Village,

Faridkot.

g) Municipal waste processing complex to process 350 TPD MSW

through 250 TPD capacity of RDF plant (to process mixed waste)

and 100 TPD capacity Compost plant (for processing of organic

fraction of MSW) at Bir Chahal Village, Faridkot.

h) Development, operation and maintenance of the Engineered

Sanitary Landfill site at Bir Chahal Village, Faridkot.

i) Disposal of Residual Inert Matter at the Engineered Sanitary

landfill site.

The present generation of solid waste from all 18 urban local bodies has

been estimated as 281 TPD and the Integrated MSW facility will be

installed to handle 350 TPD of municipal solid waste. The refuse dried fuel

will be generated in the form of fluff having gross calorific value of 2500 to

2800 Kcal/kg of fluff. The RDF plant will be operated for 330 days in a year

and will have following operations.

Manual segregation

Shredding

Screening to separate both fine inert and some percentage of bio-

degradable matter.

Rotary conveying and as per requirements drying system.

Fines screening.

Density separate (ballistic separation)

Final crushing of light fraction to less than 100 mm size to make it a

suitable fuel for boiler, termed as RDF fluff.

Densification of a small portion of fluff into pellets for convenience

of storage and improvements of combustion of fluff in the boiler.

26

The residual organic matter from the RDF plant will be utilized in

compost plant.

The compost plant will be of capacity 100 TPD, which will be used to

process organic fraction of MSW and organic rejects to be generated

from RDF plant. This compost plant will be based on aerobic

composting process.

Engineered sanitary landfill shall also be developed for disposal of

processing rejects and residual inert matter. This facility shall be

designed as per the guidelines prescribed in the Municipal Solid Waste

(Management & Handling) Rules, 2000.

The MC will require 400 KW of electricity, which will be taken from

Punjab State Power Corporation Limited. The MC has proposal to install

1 No. DG set of 100 KVA and 1 no. of 125 KVA capacities, which will be

used as standby arrangement of power supply and this D.G. set will be

provided with proper acoustic enclosures.

The dust emissions to be generated during handling waste/movement

of vehicles will be controlled by spraying water and providing

enclosures.

The site of the project is largely conforming to the locational criteria

suggested by the Govt. of India, Ministry of Urban Development in the

manual titled as "Manual on Municipal Solid Waste Management".

The slight encroachment is in the adjoining area, which is a not a part

of the project site.

The odour problem will be mitigated by spraying organic inoculants

The Committee considered the above said project proposal

and details as presented by the project proponents and after discussions,

the 'Terms of Reference' were finalized to be suitably added to those

furnished by the project proponent.

The Municipal Council, Ferozepur shall prepare the draft rapid

EIA report/ EMP based on TOR finalized by SEAC in addition to TOR

proposed by it. After preparation of draft rapid EIA report/ EMP, the M.C.

Ferozepur shall apply to Punjab Pollution Control Board for conduct of the

27

public hearing as per the procedure prescribed in Appendix-IV of the EIA

Notification dated 14.09.2006. The environmental concerns to be raised by

the public during the public hearing should be addressed in the final rapid

EIA report/ EMP before submission of the same to SEIAA, Punjab as per

the procedure prescribed in Appendix-V of the said notification.

The Committee further observed that the project proponent shall

also submit the following documents alongwith draft EIA report:-

(a) No Objection Certificate from pollution angle of the Punjab Pollution Control Board.

(b) Certificate of Competent Authority to the effect as to whether there is any Eco-sensitive areas notified under Environment (Protection) Act, 1986, protected area notified under Wildlife (Protection) Act, 1972, critical polluted areas as identified by the CPCB and Inter-State / International Boundaries within a radius of 10 kms from the project site or not.

(c) NOC from the nearest Airport Authorities, in case, the same is located within a radius of 20 km from the project site.

(d) Permission of CGWA for abstraction of groundwater.

(e) Layout plan duly authenticated by the Competent Authority showing all details including green belt.

(f) A certificate issued by the Department of Town & Country Planning showing the land use of the site as per the Master Plan.

(g) Proof of distance from existing protected area and 'No Objection certificate' from the Department of Forest & Wildlife Preservation.

The 'Terms of Reference' (TOR), were conveyed to the

project proponent vide letter No. 33203 dated 08.08.2012 for

preparation of rapid EIA report and EMP. Also, the project proponent

was asked to submit above said documents with EIA study report.

9. Public hearing of the project had been conducted by Punjab Pollution

Control Board on 26.04.2012.

10. The project proponent vide letter no. 3155 dated 15.11.2013 (received in

this office on 29.11.2013) has submitted the Final EIA report after

28

addressing the issues raised in the public hearing. The project proponent

has also submitted the following reply to the observations made by SEAC in

its 62nd meeting:

Sr. No.

Observation of the SEAC Reply submitted by the project proponent

1. No Objection Certificate from pollution angle of the Punjab Pollution Control Board

The project proponent has submitted that NOC will be submitted after obtaining environmental clearance.

2. Certificate of Competent Authority to the effect as to whether there is any Eco-sensitive areas notified under Environment (Protection) Act, 1986, protected area notified under Wildlife (Protection) Act, 1972, critical polluted areas as identified by the CPCB and Inter-State / International Boundaries within a radius of 10 kms from the project site or not

Submitted that there is no Eco-sensitive area, protected area and critically polluted area within 10 km radius of the project site.

3. NOC from the nearest Airport Authorities, in case, the same is located within a radius of 20 km from the project site

Submitted that there is no airport within 20 km of the project site.

4. Permission of CGWA for abstraction of groundwater

Submitted that no ground water will be used and the source of water will be from M.C. Faridkot.

5. Layout plan duly authenticated by the Competent Authority showing all details including green belt

Submitted

6. A certificate issued by the Department of Town & Country Planning showing the land use of the site as per the Master Plan.

Not Submitted

7. Proof of distance from existing protected area and 'No Objection certificate' from the Department of Forest & Wildlife Preservation

Submitted that there is no protected area near the project site. Also, the project proponent has submitted that as per the toposheet attached with the EIA report, there is no protected near in the project area.

29

The case was considered by the SEAC in its 93rd meeting held

on 3/2/2014, but no one on the behalf of the project proponent attended

the meeting.

Therefore, the Committee in compliance to Office

Memorandum dated 25.02.2010 of the MoEF, New Delhi decided to defer

the case.

The decision of the SEAC was conveyed to the project

proponent vide letter no. 1207 dated 06.02.2014.

The case is placed before the SEAC for consideration and for

recommending the case to SEIAA.

30

Item No. 94.04: Application for obtaining environmental clearance under EIA Notification dated 14.09.2006 for increase in the production capacity of existing differential, rear cover, gear box, trumpet & other tractor parts from 35,000 TPA to 60,000 TPA in the existing Swaraj Division Foundry unit located in the revenue estate of Village Majri, Tehsil Kharar, District Mohali by M/s Mahindra & Mahindra (P) Ltd.,


1. M/s Mahindra & Mahindra (P) Ltd., (Swaraj Division Foundry unit) has

applied for obtaining environmental clearance required under EIA

Notification dated 14.09.2006 for increase in the production capacity of

existing differential, rear cover, gear box, trumpet & other tractor parts

from 35,000 TPA to 60,000 TPA in the existing Swaraj Division Foundry

unit located in the revenue estate of Village Majri, Tehsil Kharar, District

Mohali. The project of the promoter pertains to category 'B' and it falls

under category 3 (a) of the Schedule appended to the said Notification.

2. The case was considered by the SEAC in its 50th meeting on 12.8.2011

and categorized this project as B1 and decided to issue Terms Of

Reference for preparation of EIA report and EMP. The said TOR were

conveyed to the industry for preparation of EIA/EMP and conduct of public

hearing as per procedure laid down in Appendix IV of the EIA Notification

dated 14.09.2006.

3. The public hearing has been conducted by the Punjab Pollution Control

Board on 08.05.2012.

4. The project proponent vide letter no. NIL dated 30.10.2013, has submitted

the final EIA / EMP report alongwith the requisite documents, the details of

which are as under:

Sr. No.

Documents sought by the SEAC Reply submitted by the project proponent

1. Permission for change of land use issued by the Competent Authority.

Not submitted

2. Building plan got approved by

the Competent Authority

Submitted

3. Permission of CGWA for abstraction of groundwater

Not submitted, however, the copy of application vide which the

31

permission for abstraction of groundwater has been applied for to the CGWA has been submitted.

4. Designation of the area as per the Local area plan of the Local Authority, if any

Submitted a copy of letter issued by the CTP, Punjab vide no. 2319-21 dated 25.04.2013, to the CSA, Punjab Pollution Control Board, Punjab, wherein, it has been mentioned that the site of the promoter company falls in the Rural and Agricultural Zone of the Notified Regional Plan of GMADA.

5. The project proponent was requested by the SEAC vide letter No. 297

dated 24.01.2014 to attend its 91st meeting on 25.01.2014, which was

attended by the following on behalf of the project proponent:

i) Sh. Rajeev Mehta , Senior Manager of the promoter company

ii) Sh. Sital Singh of M/s CPTL Environet , Chandigarh, Environmental Consultant of the promoter company.

The SEAC brought to the notice of representative of the

promoter company that as per circular dated 30/5/2012 of the MoEF, it is

mandatory to submit a certified report regarding the status of compliance

of the conditions stipulated in the environmental clearance already granted

to the promoter company by the Regional Office of the MoEF. It was also

informed by the SEAC that in the said circular it has been mentioned that

without the said compliance report, the application for environmental

clearance shall not be accepted. Since, the promoter company had

submitted its application for ToR prior to said circular, but the final EIA has

been submitted after the issuance of said circular, as such, the SEAC is not

in a position to appraise the project proposal at this stage till the requisite

report from Regional Office of MoEF is submitted by promoter company to

the SEAC.

After discussions, it was decided to defer the case till the

project proponent submits certified report from Regional Office of MoEF

regarding the status of compliance of the conditions of the environmental

clearance already granted to the promoter company.



32

6. Now, the Northern Regional Office, Govt. of India, Ministry of Environment

and Forests vide letter no. 314 dated 12.05.2014 (received on 16.05.2014)

has submitted the status of compliance of the conditions of the

environmental clearance already granted to the promoter company.



33

Item No. 94.05: Application for obtaining Environmental Clearance under EIA notification dated 14.09.2006 for development of Tourist Reception Facility and car Parking near Wagha Border, Village Attari, Teh & Distt. Amritsar by the Department of Tourism, Govt. of Punjab.


1. The Department of Tourism, Govt. of Punjab, vide letter dated 31.10.2013

(received on 01.11.2013) has applied for obtaining the Environmental

Clearance under EIA notification dated 14.09.2006 for development of

Tourist Reception Facility and car Parking near Wagha Border, Village

Attari, Teh & Distt. Amritsar. The project is covered under category B-2

Clause 8 (a) of the Schedule appended to the said notification.

2. The project proponent was requested by the SEAC vide letter no. 3396

dated 24.12.2013, to attend its 85th meeting on 26.12.2013 and following

were present in the said meeting on behalf of the project proponent:

(i) Ms. Reena Chadha, Env. Safeguard Specialist, Punjab Heritage & Tourism Promotion Board.

(ii) Sh. Abhijit Tanna, Team Leader, Project Management Consultants

Ms. Reena Chadha, Env. Safeguard Specialist, Punjab

Heritage & Tourism Promotion Board presented the project proposal before

the SEAC as under:

o The total land area of the project is 11.84 acres in which parking facility

having builtup area as 60,000 sqm and and reception facility having

builtup area of 2000 sqm will be provided.

o The reception facility will be provided for 2000-3000 visitors per day.

o The total water requirement for the project will be 90 KLD, out of which

40 KLD will be met through ground water by installing tubewell and

remaining 50 KLD will be met through recycling of treated wastewater.

o The project site falls in the 'Safe Zone' and total water abstraction will

be less than 100 KLD, as such, permission from the CGWA is not

required.

o The total wastewater generation from the project will be 60 KLD, which

will be treated in a STP of capacity 70 KLD, to be installed within the

34

project premises. The total treated wastewater generation will be 60

KLD. The project proponent has proposed to use 50 KLD of treated

wastewater for flushing purpose, 10 KLD will be used for

landscaping/horticulture and remaining (if any) will be used for

irrigation of agricultural fields.

o The total quantity of solid waste generation will be 3 tons/day which

will be disposed off at appropriate designed location in the MSW

dumping areas as per Municipal Solid Waste (Management & Handling)

Rules, 2000.

o The total load of electricity required for the project will be 300 KW,

which is to be provided by the PSPCL.

o The project proponent has proposed to provide rain water harvesting

wells for ground water recharge.

o The ambient air quality monitoring has been got done from M/s

Industrial Testing Laboratory & Consulting House, which is NABL

accredited and the analysis results indicate that the concentration of

various pollutants such as SPM, RPM, Oxides of Sulphur, oxides of

Nitrogen and CO have been measured. Also, ambient noise monitoring

has been got done from the said firm and the analysis results indicate

that the noise levels during day times, have been measured as 63.5

dB(A) leq against the prescribed standards of 75 dB(A) leq. The

groundwater of the area is potable in nature as per analysis report of

groundwater.

o The Airports Authority of India has issued a letter bearing no. 613 dated

18.11.2013, wherein, it has been mentioned that the project site is

located at a distance of more than 20 km from the Amritsar Airport and

NOC for the same is not required.

o Rs.94,000/- will be incurred for ambient air quality monitoring and noise

monitoring. The project Managemnet Unit (PMU) will be responsible for

the same.

o The traffic circulation plan has been prepared and the same has been

submitted alongwith application.

o Disaster/Risk Assessment & Management Plan has been prepared and

the same has been submitted alongwith application.

35

o No construction activity has been started at site.

The SEAC noted that the project proponent is required to submit the

following information/data for further appraisal of the project proposal:

(i) Permission for change of land use (CLU) from the competent authority of the Department of Town & Country Planning, Punjab.

(ii) Layout plan duly approved by the competent authority.

(iii) Water balance chart for three seasons i.e. winter, summer and rainy, separately.

(iv) As per proposal, the wastewater is to be utilized onto land for irrigation purposes even during rainy season, which may not be feasible as there will be no demand during rainy season. As such, the project proponent is required to submit alternate arrangement

for utilizing the wastewater during rainy season.

(v) The project proponent has proposed to provide rainwater harvesting wells for groundwater recharge. However, top floor of car parking as informed by project proponent will be open to the sky and as such adequate treatment is required to be given to the run-off before

discharging it into rain harvesting wells.

(vi) The location of STP proposed is near the canal bank and project proponent shall re-orient the location of STP, so that it is away from the canal bank.

(vii) Project proponent shall submit a proof to the effect that the Laboratory from where the air, water and noise analysis has been

got done is MoEF/NABL accredited.

After detailed discussions, the SEAC decided to defer the case

till the project proponent submits proper reply of above mentioned

observations.



3. Now, the project proponent vide letter no. 3632-37 dated 20.02.2014 has

submitted the reply to the observations of the SEAC to Punjab State

Council for science & Technology which was sent in original to this office

by Punjab State Council for Science & Technology vide letter no. 958 dated

24.02.2014 (received in this office on 08.03.2014), the details of which are

as under:

36

Sr.

no

Observations raised by

the Committee

Reply of the observations

1. Permission for change of land use (CLU) from the competent authority of the Department of Town &

Country Planning, Punjab

Submitted a copy of the NOC issued by Department of Town & Country Planning, Punjab vide no. 72 dated 21.01.2014. Also, submitted proposed land-use plan as per the Master Plan Amritsar prepared by PUDA showing the approved land-use for the project site as “ Traffic and Transportation : Off-Port Facility” under which public buildings and

parking spaces are permissible.

Further, submitted a copy of the NOC issued by Amritsar Development Authority vide no.

17268 dated 19.11.2013.

2. Layout plan duly approved by

the competent authority

Submitted a copy of layout plan approved by STP, Amritsar vide

letter no. 212 dated 19.02.2014..

3. Water balance chart for three seasons i.e. winter, summer and rainy, separately

Submitted. However, the same is

not clear.

4. As per proposal, the wastewater is to be utilized onto land for irrigation purposes even during rainy season, which may not be feasible as there will be no demand during rainy season. As such, the project proponent is required to submit alternate arrangement for utilizing the wastewater during rainy season

The project proponent has submitted that as per the water balance chart, 50 KLD of treated wastewater will be utilized for Toilet Flushing through dual plumbing system and balance 10 KLD will be utilized for horticulture in the project premises itself, thus there is no excess runoff during summer and winter seasons. However, during rainy season, when there is no demand for irrigation purposes, it is proposed to utilize the 10 KLD treated wastewater for feeding the Fire Storage Tank and water quality standards will be achieved for the same as per the CPCB/BIS/NBC/ guidelines. Further, it is submitted that the corresponding abstraction of ground water will be reduced during the rainy season to avoid

37

generation of excess treated

wastewater.

5. The project proponent has proposed to provide rainwater harvesting wells for groundwater recharge. However, top floor of car parking as informed by project proponent will be open to the sky and as such adequate treatment is required to be given to the run-off before discharging it

into rain harvesting wells

The project proponent has submitted that the rainwater harvesting scheme will not utilize any runoff from the areas susceptible to chemical/ oil/ lubricant pollution as in the case of top floor of car parking, as stipulated by SEAC. However, subject to SEAC’s acceptance, the runoff will be passed through oil trap/ degreasing chamber via de-siltation chamber and further treatment in STP for achieving the applicable standards of BIS/CPCB

for ground water recharge.

6. The location of STP proposed is near the canal bank and project proponent shall re-orient the location of STP, so that it is away from the canal

bank

Submitted the layout plan with

revised location of STP.

7. Project proponent shall submit a proof to the effect that the Laboratory from where the air, water and noise analysis has been got done is MoEF/NABL

accredited

Submitted a copy of the

recognition letter no. 24488 dated

14.06.2013 issued by PPCB to M/s

Industrial Testing Laboratory &

Consulting House.



38

Item No. 94.06: Application for obtaining Environmental Clearance for

development of a Township namely "Knowledge Park" in Sector 66, 82 & 83, SAS Nagar by M/s Greater Mohali Area Development Authority (GMADA).


1. M/s Greater Mohali Area Development Authority (GMADA) vide letter dated

NIL(received on 26.03.2013) had applied for obtaining environmental

clearance as required under EIA notification dated 14/9/2006 development

of a Township namely "Knowledge Park" in Sector 66, 82 & 83, SAS Nagar.


18.04.2013, wherein, Sh. Devinder Singh, Divisional Engineer, (PH-1),

GMADA, Mohali informed that there is a proposal to develop a knowledge

park in Sector 66,82 83 of Mohali in an area of 709 Hectares, which will be

developed into following components:

a. Residential plotted accommodation

b. Group Housing

c. Commercial Establishments

d. Institutions

e. Industrial Units of Green Category

He also informed that the proposed site of the project falls

within a radius of 10kms from the boundary of UT, Chandigarh.

The SEAC noted that as per EIA notification dated 14.09.2006,

the 'Industrial Park' of area more than 500 hectares are covered under

category 7 (C) of the Schedule appended to the said notification and

'General Condition is applicable to this category. The SEAC further noted

that in the 'General Condition' of the EIA notification, it has been

mentioned that any project or activity specified in Category-B will be

treated as Category-A, if located in whole or in part within 10 kms from the

Inter-State boundaries. Since the site of this project is located within a

radius of 10 kms from the boundary of UT, Chandigarh, as such, this

project falls in the competence of Ministry of Environment & Forests being

Category–A project.

39

After detailed deliberations, the SEAC decided to recommend

to SEIAA to return the case to the project proponent being Category–A

project.

3. The case was considered by the SEIAA in its 47th meeting held on

15.05.2013, wherein, after deliberations, the SEIAA decided to accept the

recommendations of the SEAC. The decision of the SEIAA was conveyed to

the project proponent vide letter no. 22314 dated 24.05.2013.

4. Thereafter, the project proponent vide letter dated 27.01.2014 has applied

afresh for obtaining environmental clearance under EIA notification dated

14/9/2006 for the development of a Township namely "Knowledge Park" in

Sector 66, 82 & 83, SAS Nagar, stating that the case was considered by the

EAC in its 127th meeting held on 29.10.2013 and observed that the total

plot area is greater than 500 hectares & there is no Category A and B. The

project proponent had further informed that the EAC advised the Ministry

to refer the case back to SEIAA/SEAC, Punjab for considering the project as

Category (8b).

However, no such correspondence of MoEF was attached with the

application to corroborate the contentions regarding fresh grounds for

resubmission of application with the SEIAA. As such, the incomplete

application was returned back to the project proponent in original vide

letter no. 2005 dated 06.02.2014, with a request to resubmit the same

after attending the aforesaid observation.

5. Now, the project proponent vide letter no. 1886 dated 05.05.2014

(received on 07.05.2014) has applied afresh along with the minutes of

127th meeting of EAC held on 28th-30th October, 2013. The project is

covered under category 8(b). The details of the project as per Form I & IA

are as under:

The total plot area is 7,098,226.62 sqm, which will be developed for

residential, commercial and institutional areas.

30% of fresh water will be abstracted from groundwater and rest of

70% will be taken from canal water at Kajoli Headworks.

40

The total water requirement during summer season will be 20,291

KLD, out of which 16108 KLD will be met from fresh water and 4183

KLD will be met from recycling of treated wastewater. The total

wastewater generation will be 8266 KLD, which will be treated in an

STP of capacity 10,000 KLD to be installed within the project

premises. Out of the total 8266 KLD of treated wastewater, 4183

KLD will be used for flushing purpose and remaining 3256 KLD will

be used for irrigation of green area.

The total water requirement during winter season will be 11401



wastewater generation will be 8266 KLD, which will be treated in a

STP. Out of the total 8266 KLD of treated wastewater, 4183 KLD will

be used for flushing purpose and remaining 3256 KLD will be used

for irrigation of green area.

The total water requirement during winter season will be 10332



wastewater generation will be 8266 KLD, which will be treated in a

STP. Out of the total 8266 KLD of treated wastewater, 4183 KLD will

be used for flushing purpose, 1201 KLD will be used for irrigation of

green area and remaining 2055 KLD will be discharged into choe.

The total quantity of MSW has been estimated as 38,257 Kg/day.

The biodegradable and non-biodegradable solid waste will be

segregated at source. The biodegradable organic waste will be

treated inside the premises. The recyclable and non-recyclable

wastes will be disposed through approved Govt. Agency.

The hazardous wastes such as used oil from the D.G. sets will be

sold to authorized recyclers.

The total power requirement will be 100 MVA, which will be taken

from Punjab State Power Corporation Ltd. The project promoter has

41

also made provision to provide DG sets as standby arrangement of

power supply.

The other details of the project have been given in the Form 1 & 1-A

submitted by the promoter and the details of the documents and the project are

as under:

1. Properly filled Form 1 & 1A Yes

2. Proof of ownership of land Submitted.

3. CLU status Not submitted.

4. Layout plan duly approved by the Competent Authority.

Not Submitted

5. Topographical map of the area showing Contour Plan.

Not submitted.

6. Status of construction, if any, alongwith photographs from all the four sides.

Submitted, but are not clear.

7. 500 meter radius map of the area from periphery of project site clearly indicating the various industries (specifically red category industries) and structures lying in the area.

Not submitted but a 10 km

radius map submitted.

8. Site plan of the project showing the following i) Location of STP ; ii) Solid waste storage area. iii) Green belt iv) Parking space v) RWH and water recharge pits vi) Fire fighting equipment layout vii) First aid room viii) Location of Tubewells

Not submitted

9. Permission of Competent Authority for; a) Water and Sewerage connection b) Collection of Solid waste c) Use of Ground Water

(a) Not Submitted.

(b) Not Submitted. (c) Submitted a letter issued

by the DC, SAS Nagar

vide no. 18456 dated

22.11.2013 mentioning

that Mohali city does not

fall under the 43 notified

critical/ over exploited

42

zones, therefore, it does

not require permission

from this office to install

the tubewell.

10. Water balance chart for summer, rainy and winter seasons indicating critical requirements.

Submitted, but the same is not

in order as figures are not

matching.

11. Availability of adequate land and plantation for use of treated sewage.

Submitted

12. Analysis reports of ambient air, ground water and noise levels from NABL/MoEF Accredited laboratories.

Not Submitted

13. Quantification of energy saved and renewable energy devices used.

Submitted.

14. Drawing showing plumbing systems for use of fresh, treated and hot water

Not Submitted

15. Construction schedule (PERT/CPM Chart) Submitted.

16. Affidavits for ; a) Constitution of Environment

Monitoring Cell b) Use of ready mix concrete or use of

fly ash during construction. c) To provide Fire Fighting System d) To provide wind breaking curtains

and water sprinkling system to minimize dust emissions during construction phase.

e) To provide adequate safety measures for the construction workers during the construction phase.

Submitted.

17. Environmental Management Plan indicating the following: a) All mitigation measures for each

item-wise activity to be undertaken during the construction, operation and the entire life cycle to minimize adverse environmental impacts as a result of the activities of the project.

b) Compliance of various environmental regulations

c) Steps to be taken in case of emergency such as accidents at the site including fire.

Submitted

Submitted

Submitted

43

d) For how long period the project

proponent will be responsible for implementation of EMP and the name of the person(s) responsible for implementation of EMP.

e) Capital & recurring cost for the EMP

per year and the details of funds for the same.

f) Name of the individual persons /

organization, who will be responsible for implementation of EMP after the lapse of the period for which the project proponent is responsible.

d) Implementation period of

EMP has not been mentioned. However, an EMP cell would be formed comprising of sit-in-charge/ coordinator, environmental group representative and project implementation team representative.

e) Not mentioned.

(f) Not mentioned.

18. Corporate Social Responsibility indicating various activities to be undertaken, provisions of funds for the same, the period for which the same is to be implemented and the person(s) responsible for the implementation of the same.

Not submitted

19.

NOC of the nearest Air Port issued by its

Authority.

Not submitted

20. Traffic Circulation System and connectivity with a view to ensuring adequate parking, conflict free movements, Energy efficient Public Transport.

Not submitted

21. Disaster/Risk Assessment and Management Plan

Submitted



44

Item No. 94.07: Application for environmental clearance under EIA

notification dated 14.09.2006 for construction of

"Thapar University Campus" in the revenue estate of

Village Behra Tehsil Dera Bassi, Distt. Mohali.

The SEIAA observed as under:

1. The project proponent has applied for obtaining environmental clearance

as required under the EIA notification dated 14.09.2006 for development of

"Thapar University Campus" in the revenue estate of Village Behra Tehsil

Dera Bassi, Distt. Mohali. The project is covered under category 8 (a) of

the Schedule appended to the said notification.


18.03.2013 for screening of the project proposal. The Committee screened

the application meticulously and noticed that the project proponent is

required to submit following information/data for appraisal of the project

proposal:

(i) Status of construction, if any, alongwith photographs from all the four sides.

(ii) Layout/ Site plan of the project showing the following

a) Solid waste storage area.

b) First aid room

(iii) Permission of Competent Authority for;

a) Sewer connection

b) Collection of Solid waste

c) Abstraction of ground water

(iv) Water balance chart for summer, rainy and winter seasons indicating

critical requirements.

(v) Analysis reports of ambient air, ground water and noise levels from

NABL Accredited laboratories.

(vi) Quantification of energy saved and renewable energy devices used

and permission of PSPCL for power connection.

(vii) Construction schedule (PERT/CPM Chart).

45

(viii) Affidavits for;

a) Constitution of Environment Monitoring Cell

b) Use of ready mix concrete or use of fly ash during

construction.

c) To provide Fire Fighting System

d) To provide wind breaking curtains and water sprinkling system

to minimize dust emissions.

e) To provide adequate safety measures for the construction

workers during the construction phase.

(ix) Whether the height of building tower is more than 15m or not, if

yes?

Whether the permission from fire department has been submitted?

At how far distance the fire station is located from the project

site.

What is minimum width of the approach road? (x) NOC of the nearest AirPort issued by its Authority.

After detailed discussions, the SEAC decided to ask the

project proponent to submit the reply to the above noted observations and

to take up the case for appraisal only after submission of proper reply by

the project proponent. The decision of the SEAC was conveyed to the

project proponent vide letter no. 16114 dated 08.04.2013.

3. Thereafter, in compliance to the Office Memorandum dated 30.10.2012 of

the Ministry of Environment & Forests, the reminder was issued to the

project proponent, vide letter no. 42786 dated 24.09.2013, to submit the

reply of its observations within one month.

4. The project proponent vide letter received on 03.10.2013 has submitted

the reply of the observations of the Committee, the details of which are as

under:

46

Sr. No. Observations raised by the

Committee

Reply of the

observations

1. Status of construction, if any, alongwith photographs from all the four sides

Submitted. However, from the photographs it is observed that the construction has already been

done at site.

2. Layout/ Site plan of the project showing the following;

Solid waste storage area. First aid room

Submitted

3. Permission of Competent Authority for;

a) Sewer connection

b) Collection of Solid waste

c) Abstraction of

groundwater

a) The project proponent has submitted that the sewage will be managed within the campus.

b) The project proponent has submitted that the solid waste will be managed within

the campus.

c) Not Submitted

However, no further details regarding the collection, handling and management of

MSW have been provided.

4. Water balance chart for summer, rainy and winter seasons indicating critical

requirements.

The project proponent has submitted the same water balance as submitted earlier

alongwith Form-1 & 1A.

5. Analysis reports of ambient air, ground water and noise levels from NABL Accredited

laboratories.

The ambient air monitoring has been got done from M/s Eco Laboratories & Consultants Pvt. Ltd. and the analysis results indicate that the concentration of various pollutants such as PM2.5, PM10, SO2, NO2, Pb, ozone and CO have been measured. Also, ambient noise monitoring has been got done from the said firm

47

and the analysis results indicate that the noise levels during day and night times, have been measured as 52.9 dB(A) leq and 42.5 dB(A) leq, respectively, against the prescribed standards of 55

and 45 dB(A) leq.

6. Quantification of energy saved and renewable energy devices used and permission of PSPCL for power connection.

Submitted

7. Construction schedule

(PERT/CPM Chart) Submitted

8. Affidavits for;

a) Constitution of Environment Monitoring Cell

b) Use of ready mix concrete or use of fly ash during construction.

c) To provide Fire Fighting System

d) To provide wind breaking curtains and water sprinkling system to minimize dust emissions.

e) To provide adequate safety measures for the construction workers during the construction phase.

Submitted

9. Whether the height of building tower is more than

15m or not, if yes?

i) Whether the permission from fire department has been submitted?

ii) At how far distance the fire station is located

The project proponent has submitted that the maximum height of the building is 11.58 m, thus is not covered under office memorandum of Ministry of Environment and Forests, regarding high rise

buildings.

48

from the project site.

iii) What is minimum width of the approach road?

10. NOC of the nearest AirPort

issued by its Authority.

Not Submitted

5. The project proponent was requested by the SEAC vide letter no. 50928

dated 22.11.2013 to attend its 83rd meeting on 23.11.2013. Following were

present in the said meeting on behalf of the project proponent:

(i) Sh. Chiranjeev Singh (OSD) of the promoter company. (ii) Sh. Anil Singh, Engineer of the promoter company. (iii) Sh. Sandeep Garg of M/s Eco Labs, Mohali, who is the

environmental consultant of the project proponent

Sh. Chiranjeev Singh informed the committee that the

construction of the project has already been completed and only minor

finishing work is left. However, they conceded that prior environmental

clearance is required for an area more than 20,000 sqm but due to some

misconceptions, they did not apply for obtaining environmental clearance

before the start of construction, but it was not intentional.

The SEAC observed that the case is required to be dealt as

per the procedure mentioned in the Office Memorandum dated 12.12.2012

of the Ministry of Environment & Forests as amended on 27.06.2013 since

the promoter company has violated the provisions of EIA notification dated

14.09.2006 by starting construction of the project without obtaining

environmental clearance under the said notification.

Further, the Committee also noted that there is an existing

hot mix plant in the vicinity of the project. It was informed that Punjab

Pollution Control Board has already sought a clarification from the Chief

Town Planner, Punjab with regard to suitability of site as per the provisions

of Zoning Regulation/Bye-laws of Master Plan.

49

After detailed deliberations, the SEAC decided as under:

(ii) To forward the case to SEIAA with the recommendation to ask the

project proponent to submit a formal resolution passed by the Board

of Directors of the Company or to the Managing Committee / CEO of

the Society, Trust, partnership / individually owned concern, within

60 days, mentioning that violations will not be repeated in future

and in the meantime, the project may be delisted. In the eventuality

of not having any response from the project proponent within the

prescribed limit of 60 days, the project file may be closed.

(ii) To recommend to SEIAA to send the case to the Govt. of Punjab,

Department of Science, Technology & Environment for

Initiating credible action against project proponent /

responsible persons / promoter company under the

Environment (Protection) Act, 1986 due to start of

construction activities of the project without obtaining

Environmental Clearance under EIA notification dated

14.09.2006.

Issuance of directions under Section 5 of the Environment

(Protection) Act, 1986 to restrain the promoter company from

carrying out any further construction activity of the project till

the environmental clearance under EIA notification dated

14.09.2006 is obtained.

(iii) Obtain information from Punjab Pollution Control Board regarding

reply received from Chief Town Planner, Punjab with regard to

suitability of site as per the provisions of Zoning Regulation/Bye-laws

of Master Plan.

The case was considered by the SEIAA in its 55th meeting

held on 30.12.2013, wherein, after detailed deliberations, the SEIAA decided as

under:

a) To ask the project proponent to submit, within 60 days, a formal

resolution passed by the Board of Directors of the Company or to

the Managing Committee / CEO of the Society, Trust, partnership /

50

individually owned concern, mentioning that violations in respect of

starting construction activities without obtaining environmental

clearance under EIA notification dated 14.09.2006, are un-

intentional and will not be repeated in future. In case, the project

proponent fails to submit the said resolution within a period of 60

days, it will be presumed that the project proponent is no longer

interested in pursuing the project further and the project file will be

closed and the project proponent will have to initiate the procedure

de novo for obtaining environmental clearance.

b) To send the case to the Govt. of Punjab, Department of Science,

Technology & Environment for:

Initiating credible action against project proponent / responsible

persons / promoter company under the Environment (Protection)

Act, 1986 due to start of construction activities of the project

without obtaining Environmental Clearance under EIA notification

dated 14.09.2006.



carrying out any further construction activity of the project till the

environmental clearance under EIA notification dated 14.09.2006 is

obtained.

c) To inform the project proponent that the application for

environmental clearance under EIA Notification dated 14.09.2006

will be considered only after the action is initiated by the Govt. of

Punjab, Department of Science, Technology & Environment for

violating the provisions of the said notification due to start of

construction work of the project without obtaining environmental

clearance and resolution as at (a) above is received within the

stipulated period.

The decision of the SEIAA has been conveyed to the project

proponent vide letter no. 170 dated 17.01.2014 and the case has been

sent to the Govt. of Punjab Department of Science, Technology &

51

Environment for initiating action under Environment (Protection) Act, 1986

vide letter no. 171 dated 17.01.2014.

6. Now, the Punjab Pollution Control Board vide letter no. 1645 dated

31.03.2014 has informed that a complaint has been filed in the Hon'ble

Court of Sub Divisional Judicial Magistrate, Dera Bassi against the project

promoter and the persons responsible for violation of the provisions of the

EIA notification dated 14.09.2006.

However, the project proponent has not submitted a formal

resolution passed by the Board of Directors of the Company or to the

Managing Committee / CEO of the Society, Trust, partnership / individually

owned concern, mentioning that violations in respect of starting

construction activities without obtaining environmental clearance under EIA

notification dated 14.09.2006, are un-intentional and will not be repeated

in future.

It is further, mentioned here that the newly constituted

SEIAA/SEAC in its combined meeting held on 29.05.2014, proceedings of

which are under issue, decided that all such cases where intimation is

received regarding taking credible action against the project proponent

from the Punjab Pollution Control Board, may be assigned directly by

Member Secretary (SEIAA) to the SEAC for appraisal/ recommendations.

The case is placed before the SEAC for consideration and for recommending the case to SEIAA.

52

Item no. 94.08: Application for environmental clearance under EIA notification dated 14.09.2006 for development of a Hospital namely “Guru Nanak Dev Super-Specialty Hospital” in the revenue estate of Village Muradpura, Goindwal Sahib- Tarn Taran road, Tehsil & Distt Tarn Taran by M/s Baba Jiwan Singh Baba Dalip Singh Educational Trust.

The SEIAA observed as under:

1. M/s Baba Jiwan Singh Baba Dalip Singh Educational Trust has applied vide

letter received on 20.03.2013 for obtaining environmental clearance as

required under the EIA notification dated 14.09.2006 for construction of a

Hospital namely “Guru Nanak Dev Super-Specialty Hospital” in the revenue

estate of Village Muradpura, Goindwal Sahib- Tarn Taran road, Tehsil &

Distt Tarn Taran. The project is covered under category 8(a) of the said

notification.

2. The project proponent vide letter dated 17.04.2013 informed the SEAC that

the management has applied for hostel and hospital as single project, but

now the proposal has been changed. The hospital and hostel are two

separate identities and built up area of each is less than 20,000 sqm, thus,

the project does not require environmental clearance. The promoter

company requested the SEAC to allow it to withdraw the application filed

for obtaining environmental clearance.


18.04.2013, wherein, the SEAC decided that Member Secretary, Punjab

Pollution Control Board, may be requested to get the ownership of hospital

and hostel verified and also to get legal opinion from the Law Officer of the

Punjab Pollution Control Board as to whether these two buildings can be

treated as separate entities or not, before the case is sent to SEIAA.

The decision of the SEAC was conveyed to the Member

Secretary, Punjab Pollution Control Board vide this office letter no. 20253

dated 06.05.2013. A reminder in this regard was also issued vide letter no.

35067 dated 16.08.2013.

53

4. Thereafter, the Punjab Pollution Control Board, vide letter no. 4260 dated

14.08.2013(received on 27.08.2013) has sent the requisite report, the

details of which are as under:

The project proponent was granted consent to establish (NOC) from

pollution angle for the establishment of hospital comprising of 300 beds

alongwith hostel building project vide Board's Zonal Office letter NO.

142 dated 07.01.2013. Thereafter, the project proponent applied for

obtaining consent to operate under Water (Prevention & Control of

Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981

for hospital project only and the project proponent submitted an

affidavit to the effect that M/s Guru Nanak Dev Super Specialty

Hospital has been divided into two parts i.e. hospital and hostel. Both of

these projects now have separate entities. The built up area of the

individual project is less than 20,000 sq.m, as such, as an individual

project, both of these projects do not attract the provision of EIA

Notification.

Keeping in view the fact that the ownership of both projects

lies with same trust, but these two projects have separate buildings and

separates gates and the built up area of hospital building is 19235.9 sqm

and hostel building is 10632 sq. m respectively, which is less than 20,000

sqm, application for consents to operate under Water (Prevention &

Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act,

1981 were processed and the same have been granted to the project

proponent by the Board vide Zonal Office letter NO. 2735 & 2733 dated

17.05.2013 respectively.

A legal opinion has also been obtained form Law Officer and is

reproduced as under:

“As per the contents of letter No. 4706 dated 08.06.2013 written by

Environmental Engineer Regional Office Amritsar to the office of Senior

Environmental Engineer Zonal Office, Amritsar, M/s Guru Nanak Dev

Super Speciality Hospital is in the revenue estate of Village Muradpura,

Goindwal Sahib, Tarn Taran Road, Tehsil & Distt. Tarn Taran being run

by M/s Baba Jiwan Singh Baba Dalip Singh Educational Trust was

54

granted consent to establish (NOC) from Pollution angle by the Board

vide Zonal Office letter No. 142 dated 07.01.2013, for the establishment

of a hospital, comprising of 300 beds alongwith hostel building.

When NOC was granted to the Hospital alongwith Hostel building

how can the project proponent now divide the project into two parts i.e.

Hospital & Hostel Building separately. Built up area of Hospital building

is reported to be 19235.9 sq.m. And that of hostel building as 10632

sq.m. The project is being run by Baba Jiwan Singh Baba Dalip Singh

Educational Trust. In my opinion, the project is squarely covered under

the provisions of EIA Notification dated 14.09.2006. We have to

properly guide/advise the trust to follow the Law.

As the consent to operate under the provisions of Water

(Prevention & Control of Pollution) Act, 1974 & Air (Prevention &

Control of Pollution) Act, 1981 and obtaining of Environmental

clearance under the provisions of EIA Notification dated 14.09.2006 are

different Legal requirement, the case of Baba Jiwan Singh Baba Dalip

Singh Educational Trust, for establishment of Guru Nanak Dev Super

Speciality Hospital, may please be referred to State Environment Impact

Assessment Authority for further necessary action please. The Authority

(SEIAA) will decide as to whether Environmental Clearance is required

or not”.

The case was considered by the SEAC in its 75th meeting held on

25.09.2013 and observed that as per the report sent by Punjab Pollution Control

Board vide letter no. 4260 dated 14.08.2013, wherein, mention of legal opinion

obtained in the matter has also been made, the built up area of Hospital building

is 19235.9 sqm and that of hostel building is 10632 sqm and combined built up

area of both the buildings exceeds 20,000 sqm, as such, the project is covered

under EIA notification dated 14.09.2006. The SEAC further observed that as per

the report of the Punjab Pollution Control Board, consent to operate has already

been granted to both the projects which reflects that construction has already

been done at site. As such, the case is required to be dealt as per the procedure

mentioned in the Office Memorandum dated 12.12.2012 of the Ministry of

Environment & Forests as amended on 27.06.2013 since the promoter company

has violated the provisions of EIA notification dated 14.09.2006 by starting

55

construction of the project without obtaining environmental clearance under the

said notification.

After detailed deliberations, the SEAC decided as under:

(i) To recommend to SEIAA to decline request of the project proponent

to withdraw the application for obtaining environmental clearance

under EIA notification dated 14.09.2006 since the project as a whole

(hospital and hostel) attracts the provisions of said EIA notification

being having built up area more than 20,000 sqm.

(ii) To recommend to SEIAA to send the case to the Govt. of Punjab,

Department of Science, Technology & Environment for:

Initiating credible action against project proponent /

responsible persons / promoter company under the

Environment (Protection) Act, 1986 due to start of

construction activities of the project without obtaining

Environmental Clearance under EIA notification dated

14.09.2006.



carrying out any further construction activity of the project till

the environmental clearance under EIA notification dated

14.09.2006 is obtained.

(iii) To write to the Punjab Pollution Control Board to send a report to

SEIAA, Punjab, mentioning the present construction status of the

project.

The decision taken by SEAC as at point (iii) above has already

been conveyed to Punjab Pollution Control Board vide letter no. 44609

dated 08.10.2013, to send the requisite report to SEIAA.

The case was considered by the SEIAA in its 52nd meeting held on

23.10.2013, wherein, after detailed deliberations, the SEIAA decided as under:

a) To accept the recommendation of the SEAC and decline the request of the

project proponent to withdraw the application for obtaining environmental

56

clearance under EIA notification dated 14.09.2006 since the project as a

whole (hospital and hostel) attracts the provisions of said EIA notification

for having built up area more than 20,000 sqm and the project proponent

be informed in this regard.

b) To send the case to the Govt. of Punjab, Department of Science,

Technology & Environment for:

Initiating credible action against project proponent / responsible

persons / promoter company under the Environment (Protection)

Act, 1986 due to start of construction activities of the project

without obtaining Environmental Clearance under EIA notification

dated 14.09.2006.



carrying out any further construction activity of the project till the

environmental clearance under EIA notification dated 14.09.2006 is

obtained.

c) To inform the project proponent that the application for environmental

clearance under EIA Notification dated 14.09.2006 will be considered only

after the action is initiated by the Govt. of Punjab, Department of Science,

Technology & Environment for violating the provisions of the said

notification due to start of construction work of the project without

obtaining environmental clearance.

The decision of the SEIAA has been conveyed to the project

proponent vide letter no. 47423 dated 30.10.2013 and the case has been

sent to the Govt. of Punjab Department of Science, Technology &

Environment for initiating action under Environment (Protection) Act, 1986


5. Now, the Punjab Pollution Control Board vide letter no. 2163 dated

06.06.2014 has informed that a complaint has been filed in the Hon'ble

Court of Chief Judicial Magistrate, Tarn Taran against the project promoter

and the persons responsible for violation of the provisions of the EIA

notification dated 14.09.2006. The next date of hearing is on 08.08.2014.

57

It is further, mentioned here that the newly constituted SEIAA/SEAC

in its combined meeting held on 29.05.2014, proceedings of which are

under issue, decided that all such cases where intimation is received

regarding taking credible action against the project proponent from the

Punjab Pollution Control Board, may be assigned directly by Member

Secretary (SEIAA) to the SEAC for appraisal/ recommendations.

The project proponent has not submitted a formal resolution

passed by the Board of Directors of the Company or to the Managing

Committee / CEO of the Society, Trust, partnership / individually owned

concern, mentioning that violations in respect of starting construction

activities without obtaining environmental clearance under EIA notification

dated 14.09.2006, are un-intentional and will not be repeated in future.



58

Item No. 94.09: List of projects where additional information desired has not been submitted even after a lapse of 6 months of conveying the observations of SEAC.

The Ministry of Environment & Forests has issued an Office

Memorandum on 30.10.2012 regarding delisting of pending projects, wherein,

it has been mentioned as under:

(i) All projects where additional information desired has not been

submitted even after 6 months of the Expert Appraisal Committee

(EAC) meeting should be de-listed from the list of pending projects.

(ii) For the projects pending between 3 to 6 months of the EAC meeting

for want of information, reminder may be sent seeking information

within a month. If the information is not received within this period,

even these projects may be de-listed.

The said Office Memorandum of the Ministry of Environment

& Forests was discussed in the 66th meeting of SEAC held on 11.01.2013,

wherein, it was decided that a list of all projects, where additional information

sought by the SEAC has not been submitted by the project proponent even after a

lapse of 6 months and a list of all the projects pending between 3 to 6 months for

want of desired information be prepared and placed before next meeting of SEAC,

so as to take necessary action in these cases in compliance to Office

Memorandum dated 30.10.2012 of the Ministry of Environment & Forests.

Now, list of sand mining projects where additional

information sought by the SEAC has not been submitted by the project proponent

even after the lapse of 6 months has been prepared as under:

Sr. No. Details of the Project Decision Conveyed

1. Mining of minor minerals (sand) in

the revenue estate of Village

Madhepur, Tehsil Jagraon, Distt.

Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide

letter No. 38073 dated 23.09.2011.

The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the

59

case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent vide letter no. 2267 dated 19.06.2013.

Also, SEIAA has been requested vide

letter no. 25219 dated 20.06.2013 to

give necessary clarification regarding

conduct of public hearing below the

rank of DM/ADM.

The matter was discussed by the

SEIAA in its 49th meeting held on

26.06.2013 and decided to ask the

SEAC to accept only those public

hearings, which are supervised and

presided over by an Officer not below

the rank of an Additional District

Magistrate/Additional Deputy

Commissioner and to request the

SEAC to follow the provisions of the

EIA notification dated 14.09.2006 in

letter and spirit at the time of

screening, scoping and appraisal of

the project proposal.

The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated 14.09.2006. Accordingly, the project proponent was asked vide letter no. 31981 dated 22.07.2013 to attend to the above observation. However, no reply has been received as yet from the project proponent.

60


the revenue estate of Village Mand

Jharaudi, Tehsil Samrala, District

Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38115 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent


Also, SEIAA has been requested vide

letter no. 25219 dated 20.06.2013 to

give necessary clarification regarding

conduct of public hearing below the

rank of DM/ADM.

The matter was discussed by the SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of the project proposal. The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated

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14.09.2006.

Accordingly, the project proponent was asked vide letter no. 31993 dated 22.07.2013 to attend to the above observation. However, no reply has been received as yet from the project proponent.

3. Mining of minor minerals (sand) in the revenue estate of Village Hadiwal, Tehsil Ludhiana (East), District Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize following "Terms of Reference" and to convey the same to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38079 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent vide letter no. 2275 dated 19.06.2013.

Also, SEIAA has been requested vide letter no. 25219 dated 20.06.2013 to give necessary clarification regarding conduct of public hearing below the rank of DM/ADM.

The matter was discussed by the SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of


62

The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated 14.09.2006.



the revenue estate of Village

Mahal Ghumana, Tehsil Ludhiana

(East), Distt. Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation

of rapid EIA study report.

The "Terms of Reference" have been issued to the project proponent vide letter No. 38085 dated 23.09.2011.

The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is

received from SEIAA.

The decision of the SEAC has been conveyed to the project proponent vide letter no. 2270 dated

19.06.2013.

Also, SEIAA has been requested vide letter no. 25219 dated 20.06.2013 to give necessary clarification regarding conduct of public hearing below the

rank of DM/ADM.

The matter was discussed by the

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SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of


The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated

14.09.2006.


5. Mining of minor minerals (sand) in the revenue estate of Village Milkowal, Tehsil Samrala, District Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38067 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent

64


Also, SEIAA has been requested vide letter no. 25219 dated 20.06.2013 to give necessary clarification regarding conduct of public hearing below the rank of DM/ADM. The matter was discussed by the SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of the project proposal. The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated 14.09.2006.


6. Mining of minor minerals (sand) in the revenue estate of Village Khaira Bet-2, Tehsil Ludhiana (West), District Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38091 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013

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and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent vide letter no. 2274 dated 19.06.2013. Also, SEIAA has been requested vide letter no. 25219 dated 20.06.2013 to give necessary clarification regarding conduct of public hearing below the rank of DM/ADM. The matter was discussed by the SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of the project proposal. The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated 14.09.2006. Accordingly, the project proponent was asked vide letter no. 31984 dated 22.07.2013 to attend to the above observation. However, no reply has been received as yet from the project proponent.

7. Mining of minor minerals (sand) in the revenue estate of Village Dhullewal, Tehsil Samrala, District Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of

66

rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38127 dated 23.09.2011.

The case was considered by the SEAC in its 71st meeting held on 07.06.2013 and decided to defer the case till the project proponent submits proper reply of its observations and clarification regarding conduct of public hearing below the rank of DM/ADM is received from SEIAA. The decision of the SEAC has been conveyed to the project proponent vide letter no. 2267 dated

19.06.2013.

Also, SEIAA has been requested vide letter no. 25219 dated 20.06.2013 to give necessary clarification regarding conduct of public hearing below the rank of DM/ADM. The matter was discussed by the SEIAA in its 49th meeting held on 26.06.2013 and decided to ask the SEAC to accept only those public hearings, which are supervised and presided over by an Officer not below the rank of an Additional District Magistrate/Additional Deputy Commissioner and to request the SEAC to follow the provisions of the EIA notification dated 14.09.2006 in letter and spirit at the time of screening, scoping and appraisal of the project proposal. The matter was again considered by the SEAC in its 73rd meeting held on 12.07.2013 and after considering the decision of SEIAA, the SEAC decided to ask the project proponent to take up the matter with the Punjab Pollution Control Board for re-conducting the public hearing as per the procedure mentioned in the Appendix-IV of EIA notification dated 14.09.2006. Accordingly, the project proponent was asked vide letter no. 31986 dated

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22.07.2013 to attend to the above observation. However, no reply has been received as yet from the project proponent.

8. Mining of minor minerals (sand) in the revenue estate of Village Kot Umran, Tehsil Jagraon, District Ludhiana

The case was considered in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38751 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013, wherein the General Manager-cum-Mining Officer requested the SEAC to allow to withdraw the application submitted for environmental clearance under EIA notification dated 14.09.2006 and decided to recommend the case to SEIAA to accept the request of the General Manager-cum-Mining Officer. The case was considered by the SEIAA in its 49th meeting held on 26.06.2013 and decided to remand the case to SEAC to examine the same afresh in view of Office Memorandum dated 18.05.2012 of the Ministry of Environment & Forests, and submit its recommendations and to inform the General Manager-cum-Mining Officer in this regard. The case was considered by the SEAC in its 73rd meeting held on 12.07.2013 and decided to defer the case to the next meeting of the SEAC. The case was considered by the SEAC in its 74th meeting held on 14.08.2013 and decided to defer the case till the project proponent submits revised EIA report after incorporating the reply of certain observations.

Accordingly, the project proponent was asked vide letter no. 36443 dated 29.08.2013 to attend to the above observation. However, no reply has been received as yet from the project

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proponent.

9. Mining of minor minerals (sand) in the revenue estate of Village Khaira Bet-1, Tehsil Ludhiana (West), District Ludhiana

The case was considered by the SEAC in its 51st meeting held on 07.09.2011 decided to finalize "Terms of Reference" to the project proponent for preparation of rapid EIA study report. The "Terms of Reference" have been issued to the project proponent vide letter No. 38139 dated 23.09.2011. The case was considered by the SEAC in its 71st meeting held on 07.06.2013, wherein the General Manager-cum-Mining Officer requested the SEAC to allow to withdraw the application submitted for environmental clearance under EIA notification dated 14.09.2006 and decided to recommend the case to SEIAA to accept the request of the General Manager-cum-Mining Officer. The case was considered by the SEIAA in its 49th meeting held on 26.06.2013 and decided to remand the case to SEAC to examine the same afresh in view of Office Memorandum dated 18.05.2012 of the Ministry of Environment & Forests, and submit its recommendations and to inform the General Manager-cum-Mining Officer in this regard. The case was considered by the SEAC in its 73rd meeting held on 12.07.2013 and decided to defer the case to the next meeting of the SEAC. The case was considered by the SEAC in its 74th meeting held on 14.08.2013 and decided to defer the case till the project proponent submits revised EIA report after incorporating the reply of certain observations.

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The matter is placed before the SEAC for consideration of delisting the above cases.

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Item No. 94.10: Guidelines for consideration of proposals for grant of environmental clearance under EIA Notification, 2006 for mining of minor minerals – regarding categorization of Category ‘B’ projects/activities into

category 'B1' and 'B2'.

The Ministry of Environment & Forests, New Delhi has issued

an Office Memorandum No. L-11011/47/2011-IA.II (M) dated 24.06.2013, in

which it has been mentioned as under:

"1. The Hon’ble Supreme Court, vide its order dated 27.02.2012 in I.A.No.12-

13 of 2011 in SLP (C) No.19628-19629 of 2009 titled Deepak Kumar etc.

Vs. State of Haryana & Ors. has inter alia ordered that leases of minor

minerals including their renewal for an area less than 5 ha be granted by

the State / Union Territory only after getting environment clearance (EC)

from the Ministry of Environment & Forests (MoEF). In order to ensure

compliance of the aforesaid order of the Hon’ble Supreme Court, MoEF

issued an OM No.L-11011/47/2011-IA.II(M) dated 18.05.2012 stating inter-

alia that all mining projects of minor minerals including their renewal,

irrespective of the size of the lease would henceforth require prior EC and

that the projects of minor minerals with lease area less than 5 ha would be

treated as Category “B” as defined in EIA Notification, 2006 and will be

considered by the respective State Environment Impact Assessment

Authorities (SEIAAs) notified by MoEF and following the procedure

prescribed under the EIA Notification, 2006.

2. MoEF has received a number of representations conveying problems being

faced by the brick kiln manufacturers in obtaining EC for ‘brick earth’ mined

by them for making bricks and by the developers of road projects in

respect of mining of ‘ordinary earth’ used for road construction. The brick

kiln manufacturers have requested that as the digging of ‘brick earth’ for

making bricks is a small scale activity requiring digging only upto a certain

depth, the activity may be kept outside the purview of EC. The project

proponents developing roads have represented that the ‘ordinary earth’

required for road construction is generally taken from the farmers /

individuals along the road alignment from their borrows. It would be

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impractical to ask the farmers / individuals to obtain EC for such digging. In

a nutshell, the arguments being put forth are that digging of ‘brick earth’

for brick making and ‘ordinary earth’ for road making do not have serious

environmental implications, the provisioning for EC for such operations is

impeding these development activities because of practical problems in

obtaining EC.

3. MoEF vide OM No.F.No.J-11013/12/2013-IA-II(I) dated 30.01.13 has

constituted an Expert Committee, under the Chairmanship of Director,

NEERI, Nagpur, to categorize Category “B” projects / activities into

Category “B1” and “B2” under EIA Notification, 2006 and review

classification of projects / activities into “A” and “B” and General conditions

as contained in the aforesaid Notification. The issues raised by brick kiln

manufacturers regarding ‘brick earth’ and road developers in respect of

‘ordinary earth’ were referred by MoEF to this Expert Committee to give

their recommendations. The Committee deliberated upon these issues and

has since given its recommendations in the matter.

4. The recommendations of the Committee have been examined by MoEF and

the following has been decided:

(a) The activities of borrowing / excavation of ‘brick earth’ and ‘ordinary

earth’, upto an area less than 5 ha, may be categorized under ‘B2’

Category subject to the following guidelines in terms of the

provisions under ‘7.I Stage(1)-Screening’ of EIA Notification, 2006:

(i) The activity associated with borrowing/excavation of ‘brick

earth’ and ‘ordinary earth’ for purpose of brick manufacturing,

construction of roads, embankments etc. shall not involve

blasting.

(ii) The borrowing/excavation activity shall be restricted to a

maximum depth of 2 m below general ground level at the

site.

(iii) The borrowing/excavation activity shall be restricted to 2 m

above the ground water table at the site.

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(iv) The borrowing/excavation activity shall not alter the natural

drainage pattern of the area.

(v) The borrowed/excavated pit shall be restored by the project

proponent for useful purpose(s).

(vi) Appropriate fencing all around the borrowed/excavated pit

shall be made to prevent any mishap.

(vii) Measures shall be taken to prevent dust emission by covering

of borrowed/excavated earth during transportation.

(viii) Safeguards shall be adopted against health risks on account

of breeding of vectors in the water bodies created due to

borrowing/excavation of earth.

(ix) Workers / labourers shall be provided with facilities for

drinking water and sanitation.

(x) A berm shall be left from the boundary of adjoining field

having a width equal to at least half the depth of proposed

excavation.

(xi) A minimum distance of 15 m from any civil structure shall be

kept from the periphery of any excavation area.

(xii) The concerned SEIAA while considering granting

environmental clearance for such activity for brick earth /

ordinary earth will prescribe the guidelines as stated at (i) to

(xi) above and specify that the clearance so granted shall be

Iiable to be cancelled in case of any violation of above

guidelines.

(b) Notwithstanding what has been stated at (a) above, the following

will apply:-

(i) No borrowing of earth / excavation of 'brick earth' or

'ordinary earth' shall be permitted in case the area of

borrowing/ excavation is within I km of boundary of national

parks and wild life sanctuaries.

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(ii) In case the area of borrowing / excavation is likely to result

into a cluster situation i.e. if the periphery of one borrow area

is less than 500 m from the periphery of another borrow area

and the total borrow area equals or exceeds 5 ha, the activity

shall become Category 'B-I' Project under the EIA

Notification, 2006. In such a case, mining operations in any

of the borrow areas in the cluster will be allowed only if the

environmental clearance has been obtained in respect of the

cluster."

The matter was discussed in the 3rd combined meeting of

SEIAA and SEAC held on 12.07.2013 and formulated the check list and

also decided to upload this check list on the official website of SEIAA,

Punjab.

Thereafter, the Ministry of Environment & Forests, New Delhi

vide notification dated 09.09.2013 has made amendments in category 1(a)

of the Schedule on the EIA notification dated 14.09.2006 to the effect that

‘General Condition’ will not be applicable for the projects having mining

area less than 5 hectares.

The matter was deliberated by the SEIAA & SEAC in its 4th

combined meeting held on 28.09.2013 and noted that there is a need to

amend the check list of documents required to be submitted by the brick

kiln owners for obtaining environmental clearance under EIA notification

dated 14.09.2006 for mining of ‘brick earth’ and ‘ordinary earth’ in the light

of amendment made by the MoEF in the EIA notification dated 14.09.2006

vide notification dated 09.09.2013 and with regard to topographical map.

After detailed deliberations, the members of SEIAA and SEAC

decided to amend the check list as under and to upload this revised check

list on the official website of SEIAA, Punjab.

CHECK LIST

1. Properly filled Form 1 and pre-feasibility report

2. Proof of ownership of land /registered lease deed of mining area

3. Site-cum-location plan of the mining site clearly indicating the hadbast number, khasra number and khewat/khatoni number etc. on the 'akash

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sajra' plan

4. Status of mining at the site, if any, alongwith photographs from all the four sides.

5. 500 meter radius map of the area from periphery of project site clearly indicating the physical features.

6. Environmental Management Plan indicating the following: a) All mitigation measures to minimize adverse environmental impacts as

a result of the activities of the project. b) Compliance of various environmental regulations c) Steps to be taken in case of emergency such as accidents at the site

including fire. d) For how long period the project proponent will be responsible for

implementation of EMP and the name of the person(s) responsible for implementation of EMP.

e) Capital & recurring cost for the EMP per year and the details of funds for the same.

f) Name of the individual persons / organization, who will be responsible for implementation of EMP after the lapse of the period for which the project proponent is responsible.

7. Whether the periphery of any other area of borrowing/excavation falls within a radius of 500 m from the periphery of this area borrowing/excavation or not? If yes, how much is the total area of all such borrowing/excavation sites? The project proponent shall submit an undertaking to the effect that the total area of all borrowing/excavation sites including the area of proposed project within a radius of 500 m from the proposed area of borrowing / excavation is less than 5 hectares.

8. Certificate of Deptt. of Forests & Wildlife Preservation to the effect that there is no boundary of National Park & Wildlife within a radius of 1.0 km of from boundary of the mining site.

9. Mining sites located more than 1 km apart are to be considered as different block/cluster and are required to obtain separate environmental clearance

under EIA notification dated 14.09.2006.

Subsequently, Ministry of Environment & Forests, New Delhi vide

OM No. J-13012/12/2013-IA.II (I) dated 24.12.2013 has issued certain

guidelines for consideration of proposals for grant of environmental clearance

Environmental Impact Assessment (EIA) Notification, 2006 and its amendments

— regarding categorization of Category ‘B’ projects activities into Category ‘BI’ &

‘B2’.

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The following has been decided w.r.t. categorization of category 'B'

projects/activities into category 'B1' and 'B2'. The decision w.r.t. mining of minor

minerals projects/activities as under:

As of now, mining projects of minor minerals with less than 50 ha of mining

lease area are categorized as Category ‘B’ as per Notification S.O.2731(E) dated

9th September, 2013. Also vide CM No.L-11011/47!2011-IA.II(M) dated

24.06.2013, guidelines have been issued regarding categorization of mining

projects of ‘brick earth’ and ‘ordinary earth’ having lease area less than 5 ha as

category ‘B2’ subject to stipulations stated therein.

In the above backdrop, the projects of mining of minor minerals,

categorized as Category ‘B’ are hereby categorized as ‘B2’ as per the following:

i) ‘Brick earth’/‘Ordinary earth’ mining projects having lease area less than

5 ha will be considered for granting EC as per the aforesaid guidelines

issued by MOEF on 24.6.2013.

ii) ‘Brick earth’/'Ordinary earth’ mining projects with mining lease area > 5

ha but < 25 ha and all other minor mineral mining projects with mining

lease area <25 ha, except for river sand mining projects will be

appraised as Category ‘B2’ projects. These projects will be appraised

based on following documents:

a) Form -1 as per Appendix-I under EIA Notification, 2006

b) Pre-feasibility report of the project

c) Mining plan approved by the authorized agency of

the concerned State Government

Provided, in case the mining lease area is likely to

result into a cluster situation, i.e., if the periphery of one lease area

is less than 500 m from the periphery of another lease area and the

total lease area equals or exceeds 25 ha, the activity shall become

Category ‘B-1’ Project under the EIA Notification, 2006. In such a

case, mining operations in any of the mine lease areas in the cluster

will be allowed only if the environmental clearance has been

obtained in respect of the cluster.

iii) No river sand mining project, with mine lease area less than 5 ha,

may be considered for granting EC. The river sand mining projects

with mining lease area 5 ha but < 25 ha will be categorized as ‘B2’.

In addition to the requirement of documents, as brought out above

under sub-para (ii) above for appraisal, such projects will be

considered subject to the following stipulations:

a) The mining activity shall be done manually.

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b) The depth of mining shall be restricted to 3m/water level,

whichever is less.

c) For carrying out mining in proximity to any bridge and/or

embankment, appropriate safety zone shall be worked out on

case to case basis to the satisfaction of SEACISEIM, taking

into account the structural parameters, locational aspects,

flow rate, etc., and no mining shall be carried out in the

safety zone so worked out

d) No in stream mining shall be allowed

e) The mining plan approved by the authorized agency of the

State Government shall inter-alia include study to show that

the annual replenishment of sand in the mining lease area is

sufficient to sustain the mining operations at levels prescribed

in the mining plan and that the transport infrastructure is

adequate to transport the mines material. In case of

transportation by road, the transport vehicles will be covered

with taurpoline to minimize dust/sand particle emissions.

f) EC will be valid for mine lease period subject to a ceiling of 5

years.

Provided, in case the mining lease area is likely to result into

a cluster situation i.e. if the periphery of one lease area is less than 1 km

from the periphery of another lease area and total lease area equals or

exceeds 25 ha, the activity shall become Category ‘BI’ Project under the

EIA Notification, 2006. In such a case, mining operations in any of the

mine lease areas in the cluster will be allowed only if the environmental

clearance has been obtained in respect of the cluster.

Now, the Hon'ble National Green Tribunal, New Delhi in

application No. 343 of 2013 (M.A. No. 1093/2013) and application No. 279

of 2013 (M.A. No. 1120/2013) has passed the Order on 28.03.2014, which

is reproduced as under:

”The Ministry of Environment & Forests has not been able to

explain as to how the Office Memorandum dated 24th December, 2013 is in

conformity with the order of the Hon’ble Supreme Court in Deepak Kumar’s

case, order of the NGT and the Notification dated 9th September, 2013

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issued by the MoEF itself. We do not think that the MoEF could have issued

such memorandum.

The Notification issued by the MoEF is an act of subordinate

legislation and was issued in exercise of statutory powers. The Office

Memorandum is an administrative order and cannot frustrate the legislative

act. In fact, it falls beyond the scope of administrative powers.

Consequently, we stay the operation and effect of the order of Office

Memorandum dated 24th December, 2013. In so far as it relates to the

minor minerals like sand etc., list these matters on 30.05.2014 for

hearing."

In view of the above, orders passed by the Hon'ble National

Green Tribunal, New Delhi, the matter is placed before the SEAC for:

(i) To decide whether the cases of mining of minor mineral projects

already received under category 'B2' are to be returned or kept in

abeyance till final orders are passed by the Hon'ble NGT in the said

matter.

(ii) Whether fresh application for obtaining environmental clearance for

mining of minor mineral projects under category 'B2' are to be

accepted or not by the SEIAA/SEAC.

*****