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Judgment
I.A. No. 106/2022
Delay in filing the appeal is condoned.
Appeal No. 20/2022
This appeal has been preferred against grant of Environmental Clearance (EC) vide order dated 19.01.2022 by State Level Environment Impact Assessment Authority (SEIAA), Punjab in terms of proposal dated 15.07.2021 for project “Omaxe Chandigarh Extension”, for expansion. Details of the project are mentioned in the impugned order as follows:-
“
Sr.
No.
Item
Details
1
Name and Location of the project
“Omaxe Chandigarh Extension” located at Kansala, Ranimajra, Dhodemajra, Rasoolpur, Salamatpur, Paraul Bharonjian, Ghandouli, Bhagat Majra, Saini Majra, Bansepur, Paintpur, Chahar Majra, Sanglan,
in Mallanpur (LPA), District SAS Nagar, Punjab
Project/activity
8(b) Township and Area Development project
Category as per EIA Notification, 2006
Category B1
2
Classification/Land
use pattern as per Master Plan
Residential zone as per the Master Plan of Mullanpur Distt. SAS Nagar.
3
Details of Change of Land Use
Sr.
No.
Description
AREA (ACRES)
A
CLU Granted
1
C.L.U. accorded vide letter no. 3368 CTP(Pb)/ SP-432(m) dated 21.04.2009
102.283
2
C.L.U. accorded vide letter no. 4156 CTP(Pb)/ SP-432(m) dated 28.05.2010
9.585
3
C.L.U. accorded vide letter no. 8648 CTP(Pb)/ SP-432(m) dated 13.12.2010
21.166
4
C.L.U. accorded vide letter no. 4613 CTP(Pb)/ SP-432(m) dated 29.06.2011
208.442
5
C.L.U. accorded vide letter no. 5531 CTP(Pb)/ SP-432(m) dated 05.08.2011
162.060
6
C.L.U. accorded vide letter no. 5829 CTP(Pb)/ SP-432(m) dated 19.08.2011
43.445
7
C.L.U. accorded vide letter no. 7048 CTP(Pb)/ SP-432(m) dated 18.10.2011
28.340
8
C.L.U. accorded vide letter no. 4143 CTP(Pb)/ SP-432(m) dated 13.08.2012
69.868
9
C.L.U. accorded vide letter no. 4063 CTP(Pb)/ SP-432(m) dated 19.07.2013
70.680
10
C.L.U. accorded vide letter no. 1142 CTP(Pb)/ SP-432(m) dated 04.03.2016
11.866
11
C.L.U. accorded vide letter no. 1243 CTP(Pb)/ SP-432(m) dated 30.03.2017
37.351
12
C.L.U. accorded vide letter no. 2985 CTP(Pb)/ SP-432(m) dated 10.07.2017
28.020
13
C.L.U. accorded vide letter no. 4925 CTP(Pb)/ SP-432(m) dated 08.11.2017
29.732
14
C.L.U. accorded vide letter no. 2453 CTP(Pb)/ SP-432(m) dated 21.07.2020
2.338
15
C.L.U. accorded vide letter no. 2775 CTP(Pb)/ SP-432(m) dated 13.08.2020
11.674
16
C.L.U. accorded vide letter no. 2217 CTP(Pb)/ SP-432(m) dated 20.01.2021
31.542
Total CLU granted
(A)
868.392
B
Area exempted from CLU
1
5.286 ac. Left from scheme as per CTP (Pb) order
B1
5.286
2
Surrendered to govt. vide letter no. 2678, dated 16.1.15 (for STP of GMADA)
B2
0.388
3
Land exchanged and are not part of CLU granted
B3
2.5438
4
Area not taken in scheme but CLU granted (as per detail given)
B4
75.751
Total (B=B1+B2+B3+B4)
(B)
83.969
C
Scheme area (C=A-B)
(C)
784.423
D
Area of revenue rastas proposed for govt. acquisition
6.177
21.188
Area proposed under govt. acquisition (critical gap)
15.012
E
Overall scheme area (E=C+D)
(E)
805.611
F
Area reserve under future expansion (FE)
(F)
37.739
G
Area reserve for group housing
(G)
55.125
4
Cost of the project
Rs. 550 Crores
5
Total Plot area, Built
up Area and Green area
Description
Previous EC
Additional
Total after expansion
Land (Areas)
592.463
213.148
805.611
Built-up area (sqm)
289325
1884325
2145325
Green area (sqm)
328367.159
6
Latitude & Longitude
30°48121.74"N and 76°43'26.58"E
30°4751.55"N and 76°4733A1"E
30°47'20.59"N and 76°42'59.54"E
30°47'35.04"N and 76°43'51.78"E
30°4746.48"N and 76°43'15.81"E
7
Project Details
S.N.
DESCRIPTION
AREA (ACRES)
A
Residential Plotted Development
1.
Plots
177.157
2.
Villas (Dwelling Units)
9.034
3.
Floors (G+2/S+3) (Dwelling Units)
50.883
4.
Floors (S+4) (Dwelling Units)
22.001
Total (A)
259.075
B
Group Housing &
1
Group Housing -1 (The Lake)
1a
Part-A
25.960
1b
Part-B
16.345
2
Group Housing-2 (The Resort)
12.820
Total (B)
55.125
C
Mixed Land Development (C)
22.260
D
Commercial
1
Commercial (Scos, Booths, Milk Booths, Petrol Pump)
13.169
2
Beacon Street (Commercial)
7.688
3
New Commercial
41.034
Total (D)
61.892
E
Others
1
Amenities (Institutes, Health, Community, Religious & Information Centre)
31.338
2
EWS
41.400
3
Green Area (Parks)
81.141
4
Utility Area (STP, ESS, Water Works & Oht)
4.176
5
Roads, Pavements and open areas
211.466
6.
Area Reserve under Future Expansion (FE)
37.739
Total (E)
407.260
Grand Total (A+B+C+D+E)
805.611
8
Estimated Population: 118885 Persons
Sr.
No.
Description
Acres
Nos.
Person
Population
Built up area (sq. mt.)
A
Population of Project for providing services / infrastructure
1.
Plots
177.157
2954
15
44310
248500.000
2.
Villas (dwelling
Units)
9.034
122
5
610
46979.847
3.
Floors (G+2/S+3)
(dwelling
Units)
50.883
851
15
12765
345342.423
4.
Floors (S+4) (dwelling
Units)
22.001
380
20
7600
240574.010
Total (A)
259.075
4307
65285
881396.280
B
Group Housing &
1
Group Housing-1
(The lake)
1a
Part –A (25.96 acres)
25.960
As per actual
6785
314361.575
1b
Part B (16.345 acre)
16.345
450
7355
128214.411
2
Group
Housing – 2 (The resort)
12.820
As per actual
3560
137296.649
Total (B)
55.125
17700
579872.635
C
Mixed Use Development
1
Mixed use development
22.260
450
10017
123447.004
D
Commercial
1
Commercial (SCOS,
Booths, Milk
Booths, Petrol Pump)
13.169
100
1317
53293.659
2
Beacon Street (Commercial)
7.688
100
769
167223.728
3
New Commercial
41.034
100
4103
316165.227
Total (D)
61.892
6189
536682.614
E
Others
1.
Amenities (Institution, Health, Community, Religious & Information
Centre)
31.338
100
3134
23926.781
2.
EWS
41.400
400
16560
Total (E)
72738
19694
23923.781
Grand Total (A+B+C+D+E)
471.089
118885
2145325.314
9
Water Requirement & source during Operation Phase
Break up of water requirement
Source
Fresh water : 10094 KLD Flushing Water : 5116 KLD
Total water demand : 15210 KLD
Ground water
Treated Waste water from STP
10
Disposal Arrangement of Waste water
Total @12168 KLD waste water will be generated, which will be treated in different STPs of capacity installed for the different phases with total treatment capacity of 13 MLD (500KLD X 6no., 1000KLD X 4 no., 2500KLD X 2no.) At present 3 STPs of capacity 1000KLD, 100KLD and 50KLD have already been installed. The disposal of treated wastewater is given as under:
Sr.
No.
Season
For Flushing purposes
(DLD)
Green Area sqm (KLD)
MC
Sewer
if any (KLD)
1
Summer
5116
1806
5246
2
Winter
5116
492
6560
3
Rainy
5116
164
6888
11
Rain water recharging detail
1301305m3/year rain water will be collected and 80 no. of recharge ng pits will be provided to recharge the rooftop rainwater of buildings after treatment
through oil & Grease traps.
12
Solid waste generation and its disposal
a) 45690 kg/day
b) Solid wastes will be appropriately segregated (at source. by providing bins) into recyclable, Bio- degradable Components, and non- biodegradable
c) Biodegradable waste, will be composted by use of Mechanical Composter of adequate capacity.
d) Recyclable waste will be recycled through
authorized recyclers. Inert waste will be disposed at own cost to approved dumping site.
13
Hazardous Waste & E- waste
Cat 5.1 @ 150 Lt./Annum
Used oil from DG sets will be sold to registered recyclers and E-waste will be disposed off as per the E-waste (Management) Amendment Rules, 2018.
14
Energy Requirements & Saving
a) 30 MW energy will be required for the project which will be met from PSPCL.
b) Total DG sets of capacity 4000 KVA shall be installed equipped with Canopy and adequate Stack Heights.
c) 6932 KWHD energy will be saved by provision of
5000 LED lights, 500 solar lights in Common areas and Solar Heater of capacity 100 ltr/day
According to the appellant, substantial construction had already been raised and ex-post facto EC has been granted mechanically for huge area of 6,48,511.154 sqm without holding the PP accountable for the violation in raising construction without prior EC. Earlier, EC was only for 2,89,325 sqm. PP has not furnished correct information and filed wrong report of the Naib Tahasildar which has been acted upon without any verification. The violations alleged include diversion of forest land, inadequacy of arrangement for disposal of wastewater, traffic management, absence of rain water recharge pits, inadequacy of handling of solid waste.
Though none appears for the appellant, having regard to the above, we find it necessary to require response from SEIAA and the PP and an independent factual report from a joint Committee of Regional Officer, MoEF&CC, Regional Officer, CPCB, SEIAA, Punjab and State PCB. Regional Officer, CPCB and State PCB will act as nodal agency jointly for coordination and compliance.
The joint Committee may undertake visit to the site, interact with the stakeholders, verify factual position and furnish a report inter alia covering observations given in para 3 above. Compliance of the draft notification of MoEF&CC on residential townships may also be mentioned. The report may be given to this Tribunal within two months by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
If any of the allegations are found substantiated in the opinion of the Committee, a copy of the report may also be shared with the PP for its response thereto, if any, before the next date.
A copy of this order be forwarded to Regional Officer, MoEF&CC, Regional Officer, CPCB, SEIAA, Punjab and State PCB. Regional Officer, CPCB and State PCB by e-mail for compliance.
The appellant may serve a copy of the paper book on Regional Officer, MoEF&CC, Regional Officer, CPCB, SEIAA, Punjab, State PCB and the PP.
List for further consideration on 26.08.2022.
I.A. No. 107/2022
We are not inclined to grant any interim relief at this stage but any ongoing construction will be subject to further orders. The I.A. is accordingly disposed of.