proceedings of the 23rd held on 7.11.2009 at patiala. proceeding seiaa on 7.11...5 & c towers...

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Proceedings of the 23rd

meeting of State Level Environment Impact Assessment Authority

held on 7.11.2009 at Patiala.

The following were present:-

1. Dr. Daljit Singh,

Chairman, SEIAA

2. Er. Sukhminder Singh Gill,

Engineer-in-Chief (Retd.)

Member, SEIAA

3. Dr. Babu Ram,

Member Secretary, SEIAA

Item no. SEIAA/2009/09/01: Confirmation of the minutes of 22nd

meeting held on

19.10.2009.

The proceedings of 22nd

meeting of SEIAA were confirmed

by the authority.

Item no SEIAA/2009/09/02: Follow up action on the decisions of the meeting held on

19.10.2009.

S.No Subject Item Decision of meeting

on 19.10.2009

Action taken Decision of

meeting on

7.11.2009

1 Progress report of

SEIAA/SEAC

The MoEF has

requested to send the

information regarding

Status of

Appraisal/Clearances

issued by SEIAA,

Punjab.

The Authority

approved draft

progress report from

1.9.2009 to 30.9.09

Draft progress

report from

1.9.2009 to

31.10.09 is placed

before the

authority for

approval.

The

Authority

approved the

draft

progress

report from

1.9.2009 to

31.10.09

alongwith

additional

information

as per format

received

from MoEF.

2 Application for

grant of

environmental

clearance for

"Omaxe Terminal"

a Multiplex &

Shopping Mall

Project to be

developed by M/s

Omaxe Limited at

The case was

considered by SEAC in

17th

meeting held on

17.1 2009, wherein, the

committee

recommended for

refusal of

environmental

clearance to the project

proponent for the

The reply submitted

by the project

proponent was

considered by the

authority in its 22nd

meeting held on

19.10.2009 and the

authority decided that

the case may be

forwarded to SEAC to

The case file has

been forwarded to

SEAC.

Further

action will

may be taken

as and when

the case is

received

from SEAC.

2

Airport Road,

Amritsar.

reasons specified

therein.

The matter was

considered by the

authority in its 15th

meeting held on

5.3.2009, wherein, the

authority requested the

representative of the

company to submit a

comprehensive detailed

written justification in

the matter for its

consideration.

re-examine the matter

in view of the

representation

submitted by the

project proponent

3 Application for

grant of

environmental

clearance for

"Omaxe Mall" a

Multiplex &

Shopping Mall

Project to be

developed by M/s

Omaxe Limited at

G.T. Road,

Ludhiana.

The case was

considered by SEAC in

17th

meeting held on

17.1 2009, wherein, the

committee

recommended for

refusal of

environmental

clearance to the project

proponent for the

reasons specified

therein.

The matter was

considered by the

authority in its 15th

meeting held on

5.3.2009, wherein, the

authority requested the

representative of the

company to submit a

comprehensive detailed

written justification in

the matter for its

consideration.

The reply submitted

by the project

proponent was

considered by the


meeting held on

19.10.2009 and the

authority decided that

the case may be

forwarded to SEAC to

re-examine the matter

in view of the

representation

submitted by the

project proponent

The case file has

been forwarded to

SEAC.

Further

action may

be taken as

and when the

case is

received

from SEAC.

4 Application for

grant of

environmental

clearance for

Group housing

project namely

“Imperial

Residency” to be

developed by M/s

Harmony

Colonizers Pvt.

SEAC in its meeting

held on 21.2.09 has

recommended for grant

of environmental

clearance for

establishment of Group

housing project named

as “Imperial

Residency” to be

developed by M/s.

Harmony Colonizers

It was decided to grant

environmental

clearance to the

promoter with the

conditions approved

therein.

The

environmental

clearance has

granted vide letter

no.35253-62

dtd.28.10.2009.

No further

action is

required.

3

Ltd. & M/s

Somsons

colonizers Ltd. at

Vill. Pirmachhala,

Zirakpur, Distt.

Mohali.

Pvt. Ltd. & M/s

Somsons colonizers

Ltd.

5 Application for

grant of

environmental

clearance for

proposed

residential project

named as “Som

Datt’s Land Mark”

to be developed by

M/s Som Datt

Builders Pvt. Ltd.

at Village Sante

Majra, Kharar,

Distt. Mohali.

SEAC in its 19th

meeting held on

7.3.2009 has


of environmental

clearance for proposed

residential project

named as “Som Datt’s

Land Mark” to be

developed by M/s Som

Datt Builders Pvt. Ltd.

at Village Sante Majra,

Kharar, Distt. Mohali.


environmental

clearance to the

promoter with the

conditions approved

therein.

The

environmental

clearance has

granted vide letter

no.35263-73

dtd.28.10.2009.

The case for

violation had

already been

forwarded to

SSTE.

No further

action is

required.

6 Application for

grant of

environmental

clearance for

establishment of

residential

complex named as

“Spangle Condos”

at M/s Sandwoods

Infratech Project

Pvt. Ltd., Village

Gazipur, Zirakpur,

Distt. Mohali.

SEAC in its 23rd

meeting held on

6.6.2009 has


of environmental


residential complex

named as “Spangle

Condos” at M/s

Sandwoods Infratech

Project Pvt. Ltd.,

Village Gazipur,

Zirakpur, Distt. Mohali.


environmental

clearance to the

promoter with the

conditions approved

therein.

The

environmental

clearance has

granted vide letter

no.35275-84

dtd.28.10.2009.

The case for

violation had

already been

forwarded to

SSTE.

No further

action is

required.

7 Application for

grant of

environmental

clearance for

“Pearls Residency”

a Residential

Group Housing

Project to be

established by M/s

PACL India Ltd. at

Village Raipur

Kalan, Distt.

Mohali.

SEAC in its 24th

meeting held on

13.6.2009 has


of environmental


residential project

named as ‘Pearls

Residency’ to be

developed by M/s

PACL India Ltd..


environmental

clearance to the

promoter with the

conditions approved

therein.

The

environmental

clearance has

granted vide letter

no.35425

dtd.29.10.2009.

The case for

violation had

already been

forwarded to

SSTE.

No further

action is

required.

8 Application for

grant of

environmental

SEAC in its 24th

meeting held on

13.6.2009 has

The matter was

considered by the


Notice has been

issued to the

project proponent

Reminder be

Issued to the

project

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clearance for

‘Hampton Court’ a

Business Park to

be developed by

M/s Ritesh

Properties &

Industries Ltd. at

Phase-8, Focal

Point, Chandigarh

Road, Ludhiana.


of environmental


project named as

Hampton Court to be

developed by

M/s.Ritesh Properties

& Industries Ltd.

held on 19.10.09,

wherein, the project

proponent was

requested to submit

the following details

within 7 days:-

1. Documentary

evidence regarding

approval of

building plan of

the project by the

competent

authority.

2. Details of the

estimated power

load required for

the project

alongwith

clarification as to

whether the

industries

proposed to be

established in the

Business park will

obtain their own

power connection

or the promoter

will provide whole

of the power load,

as sub-letting

of power supply is

not permissible as

per PSEB tariff

regulations.

3. Proper site plan

showing the

distance of all the

major structures

within 500 metres

from the project

site.

vide letter

no.35095

dtd.27.10.2009.

No reply has been

received from the

project proponent

till date.

proponent.

9 Application for

grant of

environmental

clearance for

establishment of

Bus terminal cum

Commercial

complex by M/s C

SEAC in its 24th

meeting held on

13.6.2009 has


of environmental


Bus terminal cum

Commercial complex


environmental

clearance to the

promoter with the

conditions approved

therein.

The

environmental

clearance has

granted vide letter

no.35436

dtd.29.10.2009.

No further

action is

required.

5

& C Towers Ltd. at

Phase-VI, Opp.

Verka Milk Plant,

Mohali.

by M/s C & C Towers

Ltd.

Item no SEIAA/2009/11/03 : Application for environmental clearance for

Development of IT/ITeS SEZ in sector 113,

village Landran, Distt. Mohali by M/s.Lark

Project Pvt. Ltd.

The subject cited promoter has submitted application for grant of environmental

clearance for setting up IT/ITS/SEZ in Sector 113, Vill. Landran, Distt. Mohali.

The project proponent was requested vide letter no.32115 dtd.26.8.2008 to submit

additional information including approved building plans as per Ministry of Environment and

Forests, New Delhi guidelines and permission from competent authority for discharge of

overflow of Sewage Treatment Plant to the main sewer during operation/construction phases.

The project proponent was again requested vide letter no.33932 dtd.14.10.2009 to

submit the desired documents/information, but the project proponent failed to submit the same.

The matters was considered by the authority in its 22nd

meeting held on

19.10.2009, wherein, the authority observed that the reminder has been issued to the project

proponent recently, as such, it was decided that the matter may be considered in the next

meeting.

After detailed deliberation on the matter the authority decided that the

environmental clearance applied by the project proponent be refused, as the project proponent

has failed to submit the desired documents/information inspite of repeated notices.

Item no SEIAA/2009/10/04 : Application for grant of environmental clearance for

commercial building (retail, multiplex, hotel & office)

namely “DLF Place” to be developed by M/s.DLF

Retail Developers Ltd. at National Highway 1, G.T.

Road, Opp. Karanveer Petrol Pump, Jalandhar.


clearance for setting up commercial building (retail, multiplex, hotel & office) named as “DLF

Place” at National Highway 1, G.T. Road, Opp. Karanveer Petrol Pump, Jalandhar.

The project proponent was requested vide letter no.9713 dtd.18.3.2009 to submit

additional information including approved building plans as per Ministry of Environment and

Forests, New Delhi guidelines within 7 days

The project proponent was again requested vide letter no.33388 dtd.12.10.2009 to

submit the desired documents/information, but the project proponent failed to submit the same.

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The matter was considered by the authority in its 22nd

meeting held on

19.10.2009, wherein, the authority observed that the reminder has been issued to the project

proponent recently, as such the matter may be considered in the next meeting.

After detailed deliberation on the matter the authority decided that the

environmental clearance applied by the project proponent be refused, as the project proponent

has failed to submit the desired documents/information inspite of repeated notices.

Item no SEIAA/2009/11/05 : Application for grant of environmental clearance

for Residential Group Housing Project to be

developed by M/s Omaxe Limited at Vill.

Mehmadpur, Ambala – Rajpura Road, Distt.

Patiala.

The subject cited project proponent had applied to Ministry of Environment and

Forests, Govt. of India for grant of environmental clearance for its group housing project to be

set up at Village Mehmadpur, Ambala – Rajpura Road, Distt. Patiala.

Subsequently, the case of the group housing project was taken back from

Ministry of Environment and Forests on 14.2.2008 as SEIAA/SEAC were constituted for the

State of Punjab.

The case was included in the agenda of 6th

meeting of SEAC held on 24.5.2008

and 17th

meeting of SEAC held on 17.1.2009. However, no representative of the promoter

attended the meeting on 17/1/2009. However, the project proponent submitted a written

representation vide its letter no. OL/SRVP/RAJPURA/2009-6 dated 2/1/2009 that they have

changed its plan of the township to be developed from group housing to plotted development.

The project proponent informed that the total built-up area for this project is less than 20,000 sq.

mt. and the plotted development would be carried out on the entire area of 39 acres.

The project proponent further informed that the area of the project is less than 50

hectare and the built-up area is also less than 20,000 sq. mt. and thus it is beyond the purview of

EIA notification of 14/9/2006 and therefore the case may be exempted from environmental

clearance for the above mentioned project.

Accordingly, the SEAC recommended that the application of the project

proponent may be filed.

The matter was considered by the authority in its 18th

meeting held on 15.6.2009,

wherein, the authority decided that Punjab Pollution Control Board may be requested to verify

the contentions made by the project proponent regarding applicability of EIA notification, 2006

and send his report/recommendations in the matter accordingly.

7

The Environmental Engineer, PPCB, Regional Office, Patiala vide its letter

no.2709 dtd.29.7.2009 informed that the project proponent has neither submitted any documents

nor applied for the consent to establish of the proposed project to this office till date. Therefore,

the contentions made by the project proponent regarding applicability of EIA notification, 2006

could not be verified. He further informed that no development activities were started as

observed during visit on 7.7.2009.

The matter was considered by the authority in its 22nd meeting held on

19.10.2009 and it was decided that the project proponent may be requested to present its case

before the authority in its next meeting alongwith documentary proof regarding its claim that he

project is not covered under EIA notification no.1533 (E) dtd.14.9.2006.

Accordingly, the project proponent was requested to present its case before the

authority.

Sh. Deepak Gupta, Environmental Consultant of the project proponent appeared

before the authority and submitted a written request from the project proponent that they have

not decided the type of project proposed on the project site and shall be making a fresh

application as and when the final decisions is taken for implementation of the project,

accordingly, the project proponent has requested that their previous case may be closed.

After detailed deliberation on the matter the authority decided that the case for

grant of environmental clearance submitted by the project proponent may be closed and the

application is treated as withdrawn. The Punjab Pollution Control Board may be informed for

appropriate action.


for proposed residential project namely “Paras

Panorama” to be developed by M/s Dynasty

Buildwell Pvt. Ltd. at Kharar, Distt. Ropar.


clearance for setting up residential project named as “Paras Panorama” at Kharar, Distt. Ropar.

The case was considered by SEAC in its 19th

meeting held on 7.3.2009, wherein,

the Committee members observed that the project proponent had provided adequate and

satisfactory clarifications. After detailed deliberations on the project / reply submitted by the

project proponent, the Committee awarded ‘Silver Grading’ to the project and recommended to

forward the project to State Environment Impact Assessment Authority for grant of

environmental clearance subject to the conditions mentioned therein alongwith special condition

that the project proponent will ensure that the entire sewage will be recirculated / reused onto

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land for plantation / gardening till the sewerage system is laid down in the area by Municipal

Council, Kharar and till then only such population will be allowed in the colony so that the

sewage quantity may not increase 273 Kl/day i.e. which can be recirculated as per water balance

submitted by the project proponent.


meeting held on

17.05.2009, wherein, it was decided that the project proponent shall submit water balance

statement for rainy season as well as winter season separately alongwith a detailed plan for

discharge of surplus waste water till the sewer line is laid down in the area and if the company

want to obtain environmental clearance for Phase-I only at first stage the detailed proposal for

the same may be submitted. However the company will be required to submit separate

application for grant of environmental clearance for the subsequent phases/expansions plans.

The project proponent was also issued notice vide letter no.19721 dtd.2.6.2009 for

starting construction without obtaining environmental clearance.

The reply submitted by the project proponent was considered by the authority in

its 19th

meeting held on 27.06.2009, wherein, the authority decided as under:

1. The project proponent may be requested to submit revised application on Form-I and

Form-IA for the first phase of the project.

2. The project proponent may be requested to give clarification regarding the approved

layout plan submitted by it in the name of ‘Fantasy and Dynasty Apartment’, which is

submitted jointly by M/s Dynasty Buildwell Pvt. Ltd. and M/s.Fantasy Buildcon Pvt. Ltd.

Accordingly, the project proponent was requested vide letter no.26838

dtd.12.8.2009 to submit the desired documents/information. But the project proponent failed to

submit the same.

The reply submitted by the project proponent regarding violation was considered

by the authority in its 22nd

meeting held on 19.10.2009 and it was decided that the matter may be

referred to the Secretary to Govt. of Punjab, Department of Science, Technology & Environment

for initiating penal action against the project proponent under the provisions of Environment

(Protection) Act, 1986 for starting construction without obtaining environmental clearance. The

authority further decided that reminder may be issued to the project proponent to submit the

desired documents as per the decision of 19th meeting of the authority held on 27.6.2009.

Accordingly the case was referred to SSTE vide letter no.35370 dtd.4.11.2009 and reminder was

issued to the project proponent vide letter no.35099 dtd.27.10.2009.

The project proponent has submitted the desired reply vide its letter

dtd.3.11.2009.

9

The authority decided that the Member Secretary, SEIAA will examine the reply

submitted by the project proponent and will present the case in the next meeting of the authority.


development of a University namely “Rajiv Gandhi

National University of Law” to be established at Vill.

Sidhuwal, Bhadson Road, Patiala.


clearance for setting up University named as “Rajiv Gandhi National University of Law” at Vill.

Sidhuwal, Bhadson Road, Patiala.

The matter was considered by SEAC in its 24th


wherein, after detailed deliberations on the project / reply submitted by the project proponent, the

Committee awarded ‘Silver Grading’ to the project and recommended to forward the project to

State Environment Impact Assessment Authority for grant of environmental clearance subject to

the conditions, only after the receipt of following documents from the project proponent and

satisfactory acceptance of same by the Secretary as well as Chairman of State Expert Appraisal

Committee:-

i) The project proponent shall submit revised layout plan of the complex indicating the area

where the municipal solid waste will be collected and segregated.

ii) The project proponent is required to upgrade the water balance chart for rainy season.

iii) The project proponent shall submit an undertaking to the effect that private / powered

vehicles in the hostels (boys / girls) premises shall not be allowed.

The project proponent submitted the desired documents to the satisfaction of the

secretary as well as Chairman of State Expert Appraisal Committee, accordingly, the case was

forwarded by SEAC to SEIAA for grant of environmental clearance.



wherein, the authority decided that the project proponent will submit the approved building plans

at the earliest before taking further necessary action in the matter. Accordingly the project

proponent was requested vide letter no.26837 dtd.12.8.2009 to submit the desired

documents/information. But the project proponent had failed to submit the same.

The matter was considered by the authority in its 22nd meeting held on

19.10.2009, wherein, the authority decided that reminder may be issued to the project proponent

to submit the desired documents/information within 7 days. Accordingly, the reminder was

issued to the project proponent vide letter no.35098 dtd.27.10.2009.

The project proponent vide its letter dtd.28.10.2009 has requested that the

University may be allowed more time for submission of approved building plan.

The request of the project proponent for more time was accepted by the authority.

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proposed residential township to be developed by M/s

HPCL Mittal Energy Ltd., at Village Raman &

Tarkanwala, Distt. Bathinda.


clearance for setting up residential township at Village Raman & Tarkanwala, Distt. Bathinda.

The matter was considered by SEAC in its 23rd


wherein, after presentation by the Environmental Consultant of the project proponent, the

Committee members observed that the project proponent had provided adequate and satisfactory

clarifications. After detailed deliberations on the project / reply submitted by the project

proponent, the Committee awarded ‘Gold Grading’ to the project and recommended to forward

the project to State Environment Impact Assessment Authority for grant of environmental

clearance subject to the following conditions, only after the receipt of following documents from

the project proponent and satisfactory acceptance of same by the Chairman and Secretary of

State Expert Appraisal Committee:-

i) The project proponent shall submit revised layout plan of the complex indicating the area

where the municipal solid waste will be collected.

ii) The project proponent is required to upgrade the water balance chart for rainy season.




The project proponent was requested to present its case for grant of environmental

clearance before the authority. The following were present on behalf of the company:

1. Sh. Saurabh Ahuja, Manager Township

2. Ms. Rajbir Kumari, Environmental consultant

3. Sh. Degvijay Kumar, Environmental consultant

The representative of the company and its consultant elaborated the main features

of the project including the environment management plan before the authority. The

representative of the company informed that the township is located at a distance of approx. 3.25

Km from the site of the refinery and the predominant wind direction in the area is from the site

of township towards the industry. He further informed that the project is exempted by the State

Govt. from obtaining approval of layout plan from the Chief Town Planner, Punjab, but he was

unable to submit any documentary proof in this regard.

After, detailed deliberation on the matter the authority requested the project

proponent to submit the following documents/information within 15 days.

11

1. Approved layout plan or documentary evidence from the Competent Authority

regarding exemption from obtaining approval of layout plan.

2. Water balance for the rainy season including details for justification regarding

quantity of water to be used/wastewater to be generated and adequacy of land for

disposal of wastewater.

3. Safety report from the competent authority to the effect that the distance of township

from the refinery unit is adequate.


proposed residential group housing project namely

“Panchkula Heights” to be developed by M/s G.S.

Promoters & Developers at Village Pirmachhala,



clearance for setting up residential group housing project at Village Pirmachhala, Zirakpur, Distt.

Mohali.

The matter was considered by SEAC in its 24th meeting held on 13.6.2009,



State Environment Impact Assessment Authority for grant of environmental clearance with the

conditions mentioned therein, only after submission of approved layout plan by the project

proponent and its satisfactory acceptance of same by the Chairman and Secretary of State Expert

Appraisal Committee.




The project proponent was requested to present its case for grant of

environmental clearance before the authority. The following were present on behalf of the

company:

1. Sh. Manoj Mittal, Partner

2. Sh. Deepak Gupta, Environmental consultant


of the project including the environment management plan before the authority.

The project proponent also submitted written justification for starting construction

of the project without obtaining environmental clearance.

In view of the above and the recommendations made by the SEAC in its 24th

meeting held on 13.6.2009, wherein, the committee has awarded ‘Silver Grading’ to the project

12

and recommended for grant of environmental clearance to the project, the authority decided that

the environmental clearance be granted to the subject cited project with the following terms and

conditions.

1. Validity Period

This environmental clearance is valid for a period of five years from the date of its issue

or till the completion of the project, whichever is earlier.

2. Construction Phase

i) “Consent to establish” shall be obtained from Punjab Pollution Control Board under

Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control

of Pollution) Act, 1974 and a copy of the same shall be submitted to the Ministry of

Environment & Forests/State Level Environment Impact Assessment Authority

before the start of any construction work at site.

ii) All required sanitary and hygienic measures should be maintained throughout the

construction phase.

iii) A first aid room will be provided in the project both during construction and

operation phase of the project.

iv) Adequate drinking water and sanitary facilities should be provided for construction

workers at the site. The safe disposal of wastewater and solid wastes generated during

the construction phase should be ensured.

v) Provision should be made for the supply of fuel (kerosene or cooking gas), utensils

such as pressure cookers etc. to the labourers during construction phase.

vi) All the labourers to be engaged for construction should be screened for health and

adequately treated before engaging them to work at the site.

vii) For disinfections of wastewater, use ultra violet radiation, not chlorination.

viii) All the topsoil excavated during construction activities should be stored for use in

horticulture / landscape development within the project site.

ix) Disposal of muck during construction phase should not create any adverse effect on

the neighboring communities and be disposed taking the necessary precautions for

general safety and health aspects of people and only in approved sites with the

approval of competent authority.

x) Construction spoils, including bituminous material and other hazardous material,

must not be allowed to contaminate watercourses and the dump sites for such material

must be secured so that they should not leach into the ground water.

xi) The diesel generator sets to be used during construction phase should be low sulphur

diesel type and canopy/exhaust should conform to the provisions of Environment

(Protection) Act, 1986 prescribed for air and noise emission standards.

13

xii) Vehicles hired for bringing construction material to the site should be in good

condition and should conform to applicable air and noise emission standards and

should be operated only during non peak hours.

xiii) Ambient noise levels should conform to prescribed standards both during day and

night. The ambient air and noise quality should be closely monitored during

construction phase.

xiv) Fly ash should be used as construction material in the construction as per the

provisions of Fly Ash Notification of September, 1999 and amended as on August,

2003 (The above condition is applicable only if the project is within 100 Km of

Thermal Power Station).

xv) Ready mixed concrete must be used in building construction.

xvi) Storm water control and its reuse shall be provided as per CGWB and BIS standards

for various applications.

xvii) Water demand during construction should be reduced by use of premixed concrete,

curing agents and other best practices referred.

xviii) Permission to draw ground water shall be obtained from the Competent Authority

prior to operation of the project.

xix) Separation of drinking water supply and treated sewage supply should be done by the

use of dual plumbing line for separation of drinking water and treated sewage.

xx) Fixtures for showers, toilet flushing and drinking should be of low flow either by use

of aerators or pressure reducing devices or sensor based control.

xxi) Use of glass be reduced adequately to reduce the electricity consumption and load on

air-conditioning. If necessary, use high quality double glass with special reflective

coating in windows.

xxii) Roof should meet prescribed requirement as per Energy Conservation Building Code

by using appropriate thermal insulation material to fulfill requirement.

xxiii) Opaque wall should meet prescribed requirement as per Energy Conservation

Building Code which is proposed to be mandatory for all air conditioned spaces.

xxiv) The approval of competent authority shall be obtained for structural safety of the

buildings due to earthquakes, adequacy of fire fighting equipments etc. as per

National Building Code including protection measures from lightening.

xxv) Provisions shall be made for the housing of construction labour within the site with

all necessary infrastructure and facilities such as fuel for cooking, mobile toilets,

mobile STP, Safe drinking water, medical health care, crèche etc. The housing may

be in the form of temporary structure to be removed after the completion of the

project.

3. Operation Phase

i) The installation of sewage treatment plant (STP) and adequacy of disposal system

(including adequate storage capacity in case of failure of sewage treatment plant)

14

should be certified by Punjab Pollution Control Board and a report in this regard

should be submitted to the Ministry of Environment & Forests/ State Level

Environment Impact Assessment Authority before the project is commissioned for

operation. The discharge of treated sewage shall conform to the norms and standards

prescribed by Punjab Pollution Control Board and any other statutory authority for

such discharges.

ii) The project proponent shall obtain sewerage connection from the Municipal

Authority before commissioning the project.

iii) Adequate drinking water facility based on Reverse Osmosis treatment technology be

provided.

iv) Rainwater harvesting for roof run-off and surface run-off should be implemented.

Before recharging the surface run-off, pretreatment must be done to remove

suspended matter, oil and grease etc..

v) The project proponent will provide adequate and appropriate arrangements for

allowing the storm water from the vicinity of the colony to drain off un-obstructed

into natural/manmade drainage system of the area.

vi) The solid waste generated should be properly collected and segregated before

disposal to the City Municipal Facility. The in-vessel bio-compost technique should

be used for composting the organic waste. Prior approval of competent authority

should be obtained.

vii) Hazardous waste/Biomedical waste should be disposed off as per applicable Rules

and norms with necessary approvals of the Punjab Pollution Control Board.

viii) The green belt design along the periphery of the plot shall achieve attenuation factor

conforming to the day and night noise standards prescribed for residential land use.

The open spaces inside the plot should be suitably landscaped and covered with

vegetation of indigenous variety.

ix) The project proponent shall take adequate and appropriate measures to contain the

ambient air quality within the prescribed standards.

x) The ambient air quality, noise and water quality should be periodically monitored

after commissioning of the project as per the requirement of Ministry of Environment

and Forest / Punjab Pollution Control Board.

xi) Application of solar energy should be incorporated for illumination of common areas,

lighting for gardens and street lighting in addition to provision for solar water heating.

xii) The Project Proponent will provide adequate parking as per the statutory requirement

of local authority/ DTP/ District Administration.

xiii) Traffic congestion near the entry and exit points from the roads adjoining the

proposed project site must be avoided. Parking should be fully internalized and no

public space should be utilized.

15

xiv) A report on the energy conservation measures conforming to energy conservation

norms finalized by Bureau of Energy Efficiency should be prepared incorporating

details about machinery of air conditioning, lifts, lighting, building materials, R & U

Factors etc. and submitted to the Ministry of Environment & Forests in three months

time.

xv) Ozone Depleting Substances (Regulation & Control) Rules shall be followed while

designing the air conditioning system of the project.

xvi) Environment Management Cell shall be formed during operation phase which will

supervise and monitor the environment related aspects of the project.

4. General Conditions:

i) The environmental safeguards including environmental management plan contained

in the application of the promoter / mentioned during the presentation before State

Level Environment Impact Assessment Authority / State Expert Appraisal Committee

should be implemented in true letter and spirit.

ii) The entire cost of the environmental management plan (i.e. capital cost as well as

recurring cost) will continue to be borne by the project proponent until the

responsibility of environmental management plan is transferred to the

occupier/residents society under proper MOU.

iii) Six monthly monitoring reports should be submitted to the Ministry of Environment

& Forests, New Delhi and its Northern Regional Office, Chandigarh / State Level

Environment Impact Assessment Authority/PPCB.

5. The Regional Office of Ministry of Environment & Forests, Chandigarh/ State Level

Environment Impact Assessment Authority/State Level Expert Appraisal

Committee/Punjab Pollution Control Board who would be monitoring the

implementation of environmental safeguards should be given full cooperation, facilities

and documents / data by the project proponents during their inspection. A complete set of

all the documents submitted to State Environment Impact Assessment Authority should

be forwarded to the Regional Office of Ministry of Environment & Forests, Chandigarh.

6. In the case of any change(s) in the scope of the project, the project would require a fresh

appraisal by State Environment Impact Assessment Authority.

7. The State Environment Impact Assessment Authority reserves the right to add additional

safeguard measures subsequently, if found necessary, and to take action including

revoking of the environmental clearance under the provisions of the Environmental

(Protection) Act, 1986, to ensure effective implementation of the suggested safeguard

measures in a time bound and satisfactory manner.

8. All other statutory clearances such as the approvals from Chief Controller of Explosives,

Fire Department, Civil Aviation Department, Forest (Conservation) Act, 1980 and

Wildlife (Protection) Act, 1972 etc. shall be obtained, by project proponents from the

16

competent authorities including Punjab Pollution Control Board and from other statutory

bodies as applicable.

9. The project proponent should advertise in at least two local newspapers widely circulated

in the region, one of which shall be in the vernacular language informing that the project

has been accorded environmental clearance and copies of clearance letters are available

with the State Level Environment Impact Assessment Authority and may also be seen at

the website of SEIAA (i.e. www.seiaapunjab.co.in). The advertisement should be made

within seven days from the day of issue of the clearance letter and a copy of the same

should be forwarded to the Regional Office, Ministry of Environment & Forests,

Chandigarh and State Level Environment Impact Assessment Authority.

10. These stipulations would be enforced among others under the provisions of Water

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

Act, 1981, Environmental (Protection) Act, 1986, the Public Liability (Insurance) Act,

1991 and EIA Notification, 2006.

11. Environmental clearance is subject to final order of the Hon'ble Supreme Court of India

in the matter of Goa Foundation Vs. Union of India in Writ Petition (Civil) No. 460 of

2004 as may be applicable to this project and any other decisions of the competent court,

to the extent applicable.

12. Any appeal against this environmental clearance shall lie with the National Environment

Appellate Authority, if preferred, within the prescribed period as per the provisions of the

National Environment Appellate Act, 1997.

The authority further decided that the matter may be referred to the Secretary to

Govt. of Punjab, Department of Science, Technology & Environment for initiating penal action

against the project proponent under the provisions of Environment (Protection) Act, 1986 for



proposed residential group housing project namely

“Nirmal Chhaya Towers” to be developed by M/s

Pearls Infrastructure Projects Ltd. at VIP Road,



clearance for setting up residential group housing project at VIP Road, Zirakpur, Distt. Mohali.

The matter was considered by SEAC in its 29th meeting held on 26.9.2009,



State Environment Impact Assessment Authority to grant environmental clearance with the

conditions mentioned therein.

http://www.seiaapunjab.co.in/

17

The project proponent was requested to present its case for grant of

environmental clearance before the authority. The following were present on behalf of the

company:

1. Sh. V.K. Singh, Sr. Manager,

2. Sh. Yash Pal Jain, Environmental consultant


of the project including the environmental management plan before the authority. The

representative of the company further informed that 25% of the project area will be developed as

green area and the company will provide solar photovoltaic system for use of atleast 50% of the

common area requirement as solar energy.

In view of the above and the recommendations made by the SEAC in its 29th

meeting held on 26.9.2009, wherein, the committee has awarded ‘Silver Grading’ to the project

and recommended for grant of environmental clearance to the project, the authority decided that

the environmental clearance be granted to the subject cited project with the following terms and

conditions.

1. Validity Period










construction phase.











18


















construction phase.


















coating in windows.



19










project.

3. Operation Phase








such discharges.




provided.










should be obtained.






20

vegetation of indigenous variety. Atleast 25% of the project area shall be developed

as green area








xii) The project proponent shall provide solar photovoltaic system for use of atleast 50%

of the common area requirement as solar energy in consultation with Punjab Energy

Development Agency.

xiii) The Project Proponent will provide adequate parking as per the statutory requirement


xiv) Traffic congestion near the entry and exit points from the roads adjoining the



xv) A report on the energy conservation measures conforming to energy conservation




time.

xvi) Ozone Depleting Substances (Regulation & Control) Rules shall be followed while


xvii) Environment Management Cell shall be formed during operation phase which will














21








































22


“Rosewood Green Housing” a Residential Group

Housing Project to be developed by M/s Virat Infra

Projects Pvt. Ltd. at Vill. Sadhe Majra, Habitpur

Road, Dera Bassi, Distt. Mohali.


clearance for setting up group housing project at Vill. Sadhe Majra, Habitpur Road, Dera Bassi,

Distt. Mohali.


meeting held on 17.1.2009 and the

project proponent was asked to submit additional documents/information.

The matter was again considered by SAEC in its 24th


wherein it was decided by the Committee that Punjab Pollution Control Board, Nodal Office,

Mohali may be requested to visit the project site and verify the status of industrial units located

within a radius of 500 m from the periphery of the site and further decided to defer the case and

proposal shall be reconsidered for environmental clearance after the receipt of report of Nodal

Office, Mohali of the Board and permission from CGWA to be submitted by the project

proponent.

The Environmental Engineer, Nodal Office, Mohali vide his office letter no. 2988

dated 10/9/2009 has intimated that the housing colony site was visited by AEE of Nodal Office

on 3/9/2009 and the detailed information regarding the industries in the area is as under :-

S.N. Name of the industry Distance

from site

Status of industry

1. M/s Shakti Roll Cold

Strips Pvt. Ltd.

55m Unit was established in March, 1990 for

manufacture of Cold Roll and Steel Strips @ 6.7

MT/day. The processes involving are Raw Material

Acid Pickling Cold rolling Annealing

Slitting etc. Most of the steel parts of the effluent

treatment plant are not in working condition and

presently, this unit is in operation without wet

process. The industry has 1 no. oil fired annealing

furnace. The consent under both Acts are valid upto

30/9/2009.

2. M/s Hansa Tubes Pvt.

Ltd.

97 m Unit was established in June, 1994 under green

category for the manufacture of cold roll steel tubes

@ 16.84 MT/day. But later on, this unit added the

pickling process and established new effluent

treatment plant. Now, the processes involving are

Raw Material Acid Pickling Cold Rolling

Annealing Slitting etc. The consent under both

Acts are valid upto 30/9/2009.

23

3. M/s Amrit Rice Mills 290 m Unit was presently lying closed due to off season,

however, same will come into regular production

during this shelling season.

4. M/s KSI Medicare

Pvt. Ltd.

128 m Unit was established in December, 2002 for the

manufacture of Medical Equipments / Hospital

Frames @ 250 Kg/day, The Processes are Cutting

Welding Treatment Phosphating

Passivation and Powder Xoating. The industry is

generating trade effluent about 0.5 KLD and has

also setup effluent treatment plant based on

physico-chemical treatment. The consents to

operate under both Acts are valid upto 27/6/2010.

5. M/s Crop Care

Pesticides Pvt. Ltd.

236 m Unit was established in February, 1994 for

formulation of pesticides items. The processes

involved are mixing, grinding etc. The consents to

operate under Water and Air Acts are valid upto

30/9/2010.

6. M/s Harison Frame

(Green Category Unit)

162 m Unit was established in December, 2001 for

manufacture of Mini Photo Frame and Packing

Boxes @ 70,000 pcs/day. NOC was granted to the

unit under green category vide No.

PTA/NOC/2002/05 dated 8/1/2002. Presently, unit

is in operation and now falls in exempted category.

7. M/s Neumatic Tubes

Pvt. Ltd.

330 m Unit was established in June, 2002 for the

manufacture of Pressing Tube / CR Pipe / M.S.

Pipe @ 10 MT/day. Unit was also granted water

consent under green category vide

RO/PTA/Water/2002/F-03 dated 28/2/2002, which

is valid upto 27/2/2017. Presently, unit is lying

closed.

8. M/s Rattan Chemicals 600 m Unit was established in October, 1998 for the

manufacture of detergent powder and cakes. The

processes involved are ; mixing of raw material

heating cooling in wooden planks grinding

milling etc. Presently, this unit is lying closed.

The project proponent vide letter dated 17/8/2009 has informed that they have

already applied to CGWA for necessary clearance. Moreover, they have furnished an affidavit in

this regard. The project proponent has thus requested to recommend and forward their case for

necessary clearance to the appropriate authority.

The matter was again considered by SAEC in its 30th meeting held on 10.10.2009, wherein,

the report of Environmental Engineer, Nodal Office, Mohali received vide his office letter no.

2988 dated 10/9/2009 was considered by the Committee and noted with concern that a rice

sheller namely M/s Amrit Rice Mills falls at a distance of 290 m against the required distance of

24

500 m from the proposed site of the project. As such, the proposed site violates the siting criteria

framed by the Govt. of Punjab for establishment of residential colonies / commercial

establishments etc. vide its notification No.3/6/07/STE(4)/2274 dated, 25th July, 2008.

The Committee also noted that a pesticide formulation unit is also operating in the

vicinity of site at a distance of 236 m which may prove dangerous to the residents of colony. The

project proponent has also concealed the facts in the map of 500 m area from the periphery of

site submitted by it, which is a vital information for consideration of the case for environmental

clearance.

After detailed deliberation of the project, the committee decided to forwarded the

case of the project proponent to SEIAA for refusal of environmental clearance.

Further, the project proponent vide its letter dtd.22.10.2009 (received on

4.11.2009) has submitted the following information for consideration of the authority.

1. The site of the project falls under industry mixed category as per the latest approved

master plan of Dera Bassi by the Town & Country Planning, Govt. of Punjab (Copy of the

master plan enclosed).

2. As per the notification all the red category industries have to be shifted and only eco

friendly industry has to be put-up in the industry mixed area ( copy of new cutting also

enclosed).

3. The project proponent had already made the provisions of providing buffer of 15 m green

belt of broad leaved trees towards the red category industry.

4. The project proponent had already obtained NOC from PPCB vide letter

no.MHL/colony.86/2008/4810 dtd.15.12.2008.

In view of the above, the project proponent has requested to consider its case

sympathetically and for grant of environmental clearance.

After detailed deliberations on the matter the authority decided that the

environmental clearance applied by the project proponent may be refused as per the

recommendations of the SEAC.


establishment of shopping complex named as “Grand

Trunk Mall” to be developed by M/s Ascot Hotels &

Resorts Ltd. at Vill. Kotkalan & Paragpur, G.T. Road,

Jalandhar

Member Secretary, SEIAA was requested to examine the matter and present the

recommendations in the next meeting. He was also requested to call a meeting of the authority

urgently to dispose off all such cases expeditiously.

25

Item no SEIAA/2009/11/13 : Application for environmental clearance of

M/s.Pioneer Landcons Pvt. Ltd. for establishment of

group housing project named as “Acme Heights” at

Vill. Chajju Majra, Kharar, Distt. Mohali.




Item no SEIAA/2009/11/14 : Application for environmental clearance of M/s Spirit

Global Construction Pvt. Ltd. for establishment of

Shopping Mall named as “Global Mall” at Village Bhora,

G.T. Road, Near Jalandhar Bye Pass, Ludhiana.





proposed group housing project named as “ATS Golf

Meadows Prelude” to be developed by M/s ATS

Infrastructure Ltd. at vill Madhopur, Teh. Dera Bassi,

Distt. Mohali.





Hotel, Multiplex, Offices and shopping project namely

“Virsa Mall” to be developed by M/s Hamir Real Estate

Pvt. Ltd. at Chandigarh-Kharar Road, Mohali.

The subject cited promoter has submitted application for grant of

environmental clearance for setting up Hotel, Multiplex, Offices and shopping project named as

“Virsa Mall” at Chandigar-Kharar Road, Distt. Mohali.

The application of the promoter was considered by the State Expert Appraisal

Committee in its 14th

meeting held on 1.11.2008, wherein, after detailed deliberations, the

members of the Committee asked the project proponent to submit certain

documents/information.

The reply given by the project proponent to different observations of State Expert

Appraisal Committee was again considered by the committee in its 17th

meeting held on

17.01.2009 and the project proponent was requested to submit some more information / data.

26

It was further decided that Punjab Pollution Control Board, Nodal Office, Mohali

may be requested to visit the project site and verify that the lime kiln lying within 100 m of the

project site is lying closed permanently.

The reply submitted by the Project Proponent was taken up by the committee in

its 18th

meeting held on 21.02.2009 and the committee observed that the project proponent had

provided adequate and satisfactory clarifications, therefore, the Committee awarded ‘Silver

Grading’ to the project and recommended to forward the project to State Environment Impact

Assessment Authority for grant of environmental clearance with the conditions mentioned

therein.

The matter considered by the authority in its 16th


wherein, the authority observed that the matter was earlier considered by the SEAC in its 17th

meeting held on 17.1.2009 wherein the representative of the company had submitted that the

lime kiln located within the 100 metres of the project site is lying closed permanently,

accordingly the committee has asked EE, Nodal Office, Mohali vide its letter no.5482

dtd.13.2.2009 to verify the contentions made by the project proponent regarding closure of the

lime kiln. No report from the concerned Environmental Engineer is available in the file regarding

this matter. Accordingly the authority decided that the case may be returned to SEAC to review

its recommendations in light of the industries located within 500 metres from the project site as

per the provisions of EIA notification.

The mater was again considered by the committee in its 21st meeting held on

11.04.2009, wherein, the report sent by Punjab Pollution Control Board vide its letter no. 1247

dated 3/4/2009 regarding existence of lime kilns within the vicinity of the proposed project was

considered by the committee and it was noted that according to the above report there are two

lime kilns near the project site, one of the lime kiln is located adjoining to the boundary of the

project site, whereas the boundary of second lime kiln exists at a distance of 40 m from the

boundary of the proposed project and both the kilns are operational. Govt. of Punjab Notification

no. 3/6/07/STE(4)/2274 dated 25/7/2008, regarding provisions of 15 meter green belt with broad

leaf trees towards the air polluting industries, existing within 100 m from the boundary of the

proposed project, was also discussed. The proponent has submitted to comply with the provision

of green belt, however, the Committee is of the concerted view that in the interest of the visitors

who will visit hotel, multiplex, office and shopping mall the EC for the project may be granted

only if, either the lime kilns are removed from the present site or these are permanently closed.

27

After the detailed deliberations, the Committee decided that the case be sent to

State Environment Impact Assessment Authority for consideration and appropriate decision. In

case the SEIAA decides to grant environmental clearance that may be considered in view of

Notification no. 3/6/07/STE(4)/2274 dated 25/7/2008 with the usual conditions as already

recommended in the 18th meeting of State Expert Appraisal Committee alongwith special

condition that the project proponent shall provide a buffer of broad leaf trees of 15 m width

towards the air polluting industries. The SEIAA may consider to take up the matter with Chief

Town Planner, Punjab to take necessary action for shifting of air polluting industries falling

within 100 m from the boundary of the project to some designated industrial zone.

The matter was considered by the authority in its 18th meeting held on 15.6.2009,

wherein, the Member Secretary, SEIAA informed that the industry located adjacent namely M/s

A-one Lime kiln is being closed by Punjab Pollution Control Board u/s 31-A of Air (Prevention

& control of Pollution) Act, 1981 as the industry has failed to provide any air pollution control

device. Accordingly, it was decided that the case may be considered in the next meeting after

receipt of aforesaid orders from Punjab Pollution Control Board.

The Punjab Pollution Control Board had issued directions u/s 31-A of Air

(Prevention & control of Pollution) Act, 1981 for closure of the unit vide letter no.2069

dtd.23.6.2009.

The matter was again considered by the authority in its 19th

meeting held on

27.6.2009 and it was noted that there is one more lime kiln within 100 metres from the boundary

of the project, accordingly it was decided that the MoEF may be requested to give

guidelines/advice to process such cases, where there are red category industries within 100

metres/500 metres from the boundary of the project.

The subject cited promoter submitted a representation to the Hon’ble Chief

Minister, Govt. of Punjab, which was received through the Chairman, Punjab Pollution Control

Board. Accordingly, the matter was considered by the authority in its 20th

meeting held on

1.8.2009 and it was decided that he case may be forwarded to SEAC to re-examine the matter in

view of the representation submitted by the project proponent.

The matter was considered by the SEAC in its 29th meeting held on 26.9.2009

and on the clarification received from Ministry of Environment & Forests, Govt. of India, vide F.

No. 19-78/2009-IA.III dated 3/9/2009, which is reproduced as under :-

“In reference to State Environment Impact Assessment Authority, Punjab letter

no. SEIAA/2009/23414 dated 13/7/2009 it is hereby clarified that the Ministry has not issued any

28

guidelines regarding the siting of projects or minimum distance required from red category of

industries. The Notification issued by the State Govt. of Punjab dated 25/7/2008 has stipulated

the minimum distance and also specified the type of plantation and width of green belt. These

conditions may be incorporated in the Environmental Clearance for strict compliance.

The SEIAA of Punjab may follow the above Notification of the State Govt. of

Punjab for the projects located near the red category industries as these are location / area

specific. A copy of the Clearance letter may be sent to the Urban Development Department so

that the above projects may be incorporated at the time of preparation of Master Plan /

Development Plan of the area.”

Accordingly, the committee decided to recommend the case in light of the above

referred letter from the State Environment Impact Assessment Authority for grant of

environmental clearance with ‘Silver Grading’ with the conditions as already recommended in

21st meeting of State Expert Appraisal Committee held on 11/4/2009 alongwith special

condition that the project proponent shall provide a buffer of broad leaf trees of 15 m width

towards the air polluting industries.

In view of the above, the recommendations made by the SEAC in its 18th

meeting

held on 21.2.2009, wherein, the committee has awarded ‘Silver Grading’ to the project and

recommended for grant of environmental clearance to the project, further recommendations

made by the committee in its 21st meeting held on 11.4.2009 and 29

th meeting held on 26.9.2009

and considering the advice received from Ministry of Environment & Forests, Govt. of India,

vide letter no.19-78/2009-IA.III dated 3/9/2009, the authority approved the grant of

environmental clearance to the subject cited project with the following terms and conditions.

1. Validity Period










construction phase.

29




























construction phase.












30







coating in windows.












project.

3. Operation Phase


(including adequate storage capacity in case of failure of sewage treatment plant and

compliance of condition no.3(ii), 3(iii) & 3(iv) below) should be certified by Punjab

Pollution Control Board and a report in this regard should be submitted to the

Ministry of Environment & Forests/ State Level Environment Impact Assessment

Authority before the project is commissioned for operation. The discharge of treated

sewage shall conform to the norms and standards prescribed by Punjab Pollution

Control Board and any other statutory authority for such discharges.

ii) The project proponent shall make adequate arrangement for discharge of treated

wastewater on to land for irrigation till it obtains sewerage connection from the

Municipal Authority.

iii) The project proponent shall provide proper distribution network for discharge of

treated wastewater on to land for irrigation.

iv) The project proponent shall provide storage capacity of atleast 30 days period for

storage of treated wastewater during no demand period.

v) Adequate & appropriate pollution control measures should be provided to control

fugitive emissions to be emitted within the Hotel/Shopping complex.

vi) Adequate drinking water facility based on Reverse Osmosis treatment technology be

provided.

31

vii) Rainwater harvesting for roof run-off and surface run-off should be implemented.



viii) The project proponent will provide adequate and appropriate arrangements for



ix) The solid waste generated should be properly collected and segregated before



should be obtained.

x) Hazardous waste/Biomedical waste should be disposed off as per applicable Rules


xi) The project proponent will provide buffer of 15 metres green belt of broadleaved

trees towards the air polluting industries (i.e. M/s Uppal Lime Udyog and M/s.Sahni

Lime Kiln) the boundary of which is located within 100 metres from the boundary of

the project, as per State Govt. Notification no.3/6/07/STE(4)2274 dtd.25.7.2008. The

layout and species/varieties of trees for the green belt shall be decided in consultation

with the Department of Forests, Punjab or Forest Research Institute Dehradun

(Uttarakhand).

xii) The green belt shall be designed in such a way so as to ensure conformity of Ambient

Air Quality Standards within the project area and to achieve attenuation factor

conforming to the day and night noise standards prescribed for commercial land use.



xiii) The project proponent shall take adequate and appropriate measures to contain the


xiv) The ambient air quality, noise and water quality should be periodically monitored



xv) Application of solar energy should be incorporated for illumination of common areas,


xvi) The Project Proponent will provide adequate parking as per the statutory requirement


xvii) Traffic congestion near the entry and exit points from the roads adjoining the



xviii) A report on the energy conservation measures conforming to energy conservation



32


time.

xix) Ozone Depleting Substances (Regulation & Control) Rules shall be followed while


xx) Environment Management Cell shall be formed during operation phase which will

































33




















Item no SEIAA/2009/11/17 : Application for grant of Environmental clearance

for "Vipul World" a Residential /commercial

project to be developed by M/s Vipul Limited at

Vill. Banohar, Ferozepur Road, Ludhiana.


clearance for setting up Residential/commercial project named as “Vipul World” at Vill.

Banohar, Ferozepur Road, Ludhiana.

The matter was considered by SEAC in its 24th meeting held on 13.6.2009 and

after detailed deliberations on the project / reply submitted by the project proponent, the

Committee members observed that the project proponent had provided adequate and satisfactory

clarifications and the Committee awarded ‘Silver Grading’ to the project and recommended to

forward the project to State Environment Impact Assessment Authority for grant of

environmental clearance subject to the conditions mentioned therein.

The matter was considered by the authority in its 21st meeting held on 19.9.2009,

wherein, the project proponent was requested to submit the following details within 7 days.:-

1. Water balance statement for rainy season as well as winter season separately.

2. Site plan showing the distance of all the major structures within 500 metres from the

project site.


34

The authority further decided that the Member Secretary, State Level Environment

Impact Assessment Authority shall examine the contour plan submitted by the project proponent

as well as the agreement submitted by the project proponent for transfer of Environment

Management Plan to GLADA.

The reply submitted by the project proponent was considered by the authority and

it was decided that the case may be forwarded to SEAC to examine the matter in view of the

reply submitted by the project proponent. The SEAC shall also examine the contour plan

submitted by the project proponent as well as the agreement submitted by the project proponent

for transfer of Environment Management Plan to GLADA and send his fresh recommendations in

the matter accordingly.


for establishment of residential Group Housing

Project named as “Maya Gardens” by

M/s.Barnala Builders & Property Consultant, at

Chandigarh-Ambala Road, Zirakpur, Mohali.


clearance for setting up residential group housing project named as “Maya Gardens” at

Chandigarh-Ambala Road, Zirakpur, Mohali.


meeting held on 25.7.2009.

During the meeting, the Committee members observed that the project proponent had provided

adequate and satisfactory clarifications. After detailed deliberations on the project / reply

submitted by the project proponent, the Committee awarded ‘Silver Grading’ to the project and

recommended to forward the project to State Environment Impact Assessment Authority for

grant of environmental clearance subject to the conditions mentioned therein.

The matter was considered by the authority in its 21st meeting held on 19.9.2009,

wherein, the authority observed that the project proponent has started construction of the project

in the year 2006, but it has failed to apply for environmental clearance to Ministry of

Environment and Forests at that time and further the application for environmental clearance was

submitted to State Level Environment Impact Assessment Authority in January, 2009 in-spite of

the SEIAA/SEAC, Punjab having been notified in November, 2007.

After detailed deliberation of the matter, it was decided that show cause notice

may be issued to the project proponent for starting construction without obtaining environmental

clearance as per the format approved by the authority in its 11th

meeting. The project proponent

may also be requested to intimate the reasons for delay in filling the application for

environmental clearance.

The project proponent has submitted the reply vide its letter dtd.2.11.2009.

35

In view of the reply submitted by the project proponent and the recommendations

made by the SEAC in its 26th

meeting held on 25.7.2009, wherein, the committee has awarded

‘Silver Grading’ to the project and recommended for grant of environmental clearance to the

project, the authority decided that the environmental clearance be granted to the subject cited

project with the following terms and conditions.

1. Validity Period










construction phase.




















36









construction phase.


















coating in windows.












project.

37

3. Operation Phase








such discharges.




provided.










should be obtained.














xii) The Project Proponent will provide adequate parking as per the statutory requirement


38

xiii) Traffic congestion near the entry and exit points from the roads adjoining the



xiv) A report on the energy conservation measures conforming to energy conservation




time.

xv) Ozone Depleting Substances (Regulation & Control) Rules shall be followed while


xvi) Environment Management Cell shall be formed during operation phase which will




























39

























The authority further decided that the matter may be referred to the Secretary to

Govt. of Punjab, Department of Science, Technology & Environment for initiating penal action

against the project proponent under the provisions of Environment (Protection) Act, 1986 for


Item no SEIAA/2009/11/19 : Regarding obtaining of prior environmental

clearance by Department of Industries &

Commerce, Punjab for Mining of Minor Minerals

in the State.

The Department Industries & Commerce, Punjab, has intimated that their

Department is granting mineral concessions in respect to minor minerals by way of holding

public auction in accordance to provisions contained in Punjab Minor Mineral Concession Rules,

1964. These rules have been framed by the State in due observance to section-15 of Mines and

Minerals (Development and Regulation) Act, 1957, a central Act.


40

In the CWP 20134 2005-Vijay Bansal and others v/s State of Haryana, the Hon’ble

Punjab & Haryana High Court vide orders dtd.15.5.2009 has categorically held that the

notification dtd.14.9.2006 issued by the Centre Govt. in exercise of its power under the

Environment (Protection) Act, 1986 shall be applicable on all the mining activities irrespective of

the fact that the minerals are major or minor. The Hon’ble Court has further held that no mining

activity shall be carried out in the areas of writ jurisdiction without the Prior Environmental

Clearance.

An auction notification dtd.18.9.2009 was issued by the Deptt. But it was found that there

are no. of quarries having an area exceeding 5 hactares for which as per Central Govt. notification

dtd.14.9.2006, a Prior Environmental Clearance from the competent authority is required.

Therefore, the respondent State also sought an opinion from the office of Ld. Advocate General,

Punjab, which was of the opinion that environmental clearance was required as per the

notification dtd.14.9.2006. That accordingly, the Govt. decided to defer the auction scheduled to

be held on 21.10.2009, 22.10.2009 and 23.10.2009.

It is further informed that a Public Interest Litigation i.e. CWP 13706 of 2009-Partap

Singh Sandhu v/s State of Punjab has been filed in the Hon’ble Hight Court. Notice of motion in

the writ petition was issued to the respondent State on 2.9.2009 and the same is fixed for

arguments for 26.11.2009. The Union of India alongwith concerned departments including the

Departments of industries & Commerce, Punjab and commissioner and Secretary to the Govt. of

Punjab, Environment Department have been impleaded as respondents. The petitioner in the said

petition has prayed that directions be issued to the State Govt. that the mining of minor minerals

be allowed in the State of Punjab only after obtaining environmental clearance in terms of Central

Govt. notification dtd.14.9.2006.

It is also informed that another writ of similar matter CWP 12664 of 2008 Ran Bahadur

v/s State of Punjab is also pending before the Hon’ble Court and was fixed for hearing for

27.10.2007. The Hon’ble Court was apprised that owing to the impediments stated above the

department could not hold the auction as per schedule on 21,22,23.10.2009. It was also brought to

the notice of Hon’ble Court that another writ 13706 of 2009 is also pending before this Hon’ble

Court wherein it has been prayed that the Department be directed to hold auction only other

acquiring the Prior Environmental Clearance from the competent authority. The Hon’ble Court

was requested that for the time being an exemption for obtaining Prior Environmental Clearance

may kindly be granted for a period of six months so that the Department could hold the auction

otherwise there shall be a heavy loss to the public exchequer and there shall be fear of illegal

mining. The Hon’ble High Court after hearing the arguments has fixed 4.11.2009 as next date of

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hearing and has ordered that the CWP 13706 of 2009- Partap Singh Sandhu v/s State of Punjab

shall also be heard alongwith CWP 12664 of 2008. The Hon’ble Court has further directed that

the Department to approach the competent authority at once to obtain the environmental

clearance. The Hon’ble Court has further directed the Department to show the communication it

has made with the competent authority for obtaining environmental clearance on the next of

hearing i.e. 4.11.2009.

The Department of Industries has enclosed a list of 230 quarries of the State with area

more than 12.5 acres has requested for grant of prior environmental clearance for the same.

The Department has further requested that the case may kindly be given top priority as the

progress in the matter made by the Department shall be placed before the Hon’ble court on the

next date of hearing i.e. 4.11.2009.

Keeping in view of the urgency of the matter, the case was considered by Member

Secretary, SEIAA and the Department of Industrial & commerce was requested vide letter

no.35624 dated 3.11.2009 to submit 14 sets of the application on prescribed form-1 alongwith

pre-feasibility project report and other relevant information as prescribed in the EIA notification

2006. It may also be informed that the sites of quarries having area ≥ 50 hectares and or if located

in whole or in part within 10 km from the boundary of (i) Protected areas notified under the Wild

life (protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution

Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) Inter State boundaries and

international boundaries shall be treated as categories ‘A’ projects and the application for the

same should be submitted to Ministry of Environment and Forests, New Delhi.

The matter come up for hearing in the Hon’ble High court on 4.11.2009 and the

Hon’ble High Court directed the following officers to appear before the Court on 6.11.2009.

1. Director, Department of Industrial & commerce, Punjab

2. Member Secretary, SEIAA

3. Secretary, SEAC

Accordingly, the above said officers appeared before the Hon’ble High court on

6.11.2009, wherein, the matter regarding obtaining of prior environmental clearance for Mining

of Minor Minerals by Department of Industrial & commerce, Punjab and the procedure involved

in the process as per the provisions of EIA notification no.1533 (E) dtd.14.9.2006 was discussed

in detailed and after discussion of the matter the Hon’ble High court has passed necessary order

in the matter, which is likely to be received shortly.

The authority noted the matter and decided that the decision of Hon’ble High

Court may be placed before the authority as and when the same is received.

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Item no SEIAA/2009/11/20 : Clarification regarding applicability of EIA

notification, 2006 for proposed expansion on M/s

Auto industries located at Village Chak Gujjaran,

Jalandhar Road, Hoshiarpur.

The subject cited industry vide its letter dtd.3.9.2009 has submitted that the

industry is engaged in the manufacturing of automobile casting. The industry has 2 cupola

furnaces of 3 3 Tonnes capacity each and is producing casting @ 9MT/day. Out of the two

cupola furnaces, one cupola furnace is operated daily and the other is kept fur maintenance

purposes.

Now, the industry is intending to install an induction furnace of 1 TPH capacity.

Further, the industry wasn’t to increase the production capacity of cupola furnace from 9 MT/day

to 36 MT/day with the increase in operational time of cupola furnace (without any change in

capacity).

The industry has given an affidavit to the PPCB that one cupola furnace would be

operated at a time and the other would be kept for maintenance purposes. The total capacity of

the cupola furnace and induction furnace would not increases from 4 TPH.

The industry has intimated that the PPCB is asking the industry for obtaining

environmental clearance as per EIA notification, 2006 (category 5-A) and accordingly, it has

sought clarification from the authority regarding applicability of EIA notification, 2006.

The authority decided that the matter may be forwarded to the SEAC to examine

the request of the industry and send his comments/recommendations in the matter accordingly.

Item no.SEIAA/2009/11/21 : General

The Chairman of the authority requested the Member Secretary, State Level

Environment Impact Assessment Authority to expeditiously process all pending cases and call a

special urgent meeting for all long pending cases.

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proceedings of the 23rd held on 7.11.2009 at patiala. proceeding seiaa on 7.11...5 & c towers...

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