Directorate of Town & Country Planning Haryana
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DIRECTORATE OF TOWN & COUNTRY PLANNING HARYANA Ayojana Bhawan, Sector-18, Madhya Marg, Chandigarh-160018 Tele–Fax:0172-2548475;Tel:0172-2549851, www.tcpharyana.gov.in To National Building Construction Corporation Ltd., NBCC Bhawan, Lodhi Road, New Delhi. Memo No. DS(R)/LC-2064/2012/14836 Dated: 14.08.2012 Subject: Issue of Show Cause Notice for illegal extraction of ground water for construction purposes of building falling in licenced area i.e. Licence No. 11 of 2009. That Licence No. 11 of 2009 has been granted for developing Group Housing colony under the provisions of Haryana Development and Regulation of Urban Areas Act, 1975 over an area of 18.031 acres in Sector- 37D, Gurgaon Manesar Urban Complex. Hon’ble High Court in CWP No. 20032 of 2008 titled as Sunil Singh V/s MOEF & others vide orders dated 31.07.2012 directed Deputy Commissioner, Gurgaon and Central Ground Water Board to visit the sites where construction is going on and to ensure that the ground water is not being used of the construction purposes. Consequently in order to assess the situation, Department got conducted survey regarding borewell/tubewells installed in the licenced area whereon construction work is in progress. As far as licenced area, comprising of Licence No. 11 of 2009, it came into the notice that there are 2nos no. of tubewells in the licenced area and no sanction has been obtained from competent authority/only sanction for nil no. of borewell/tubewell, out of 2nos. tubewells/borewells is obtained from competent authority. 2. As per terms and conditions of licence, the colonizer is required to seek the clearance from Ministry of Environment and Forest (MOEF) under Government of India notification dated 14.09.2006 and for those projects where the covered area is 20000 sqm and above. It also came to the notice that MOEF grants Environment Clearance with the condition that ground water shall be utilised only with the consent of the Central Ground Water Board (CGWB). CGWB has notified District Gurgaon as a whole for ground water regulation due to over-exploitation of ground water. As per above mentioned condition you might have submitted some undertakings or you have submitted some schemes before MOEF/Haryana State Pollution Control Board/State Environment Impact Assessment Authority mentioning that you will not extract ground water for construction purposes or you have stated in prescribed performa before said Authority that you will arrange water from outside/recycle waste water for construction purposes. Moreover, the MOEF has granted you the Environmental Clearance for construction of said colony assessing that there will be no impact on water resources. But as per field report of Senior Town Planner, Gurgaon you are illegally withdrawing the ground water for construction purposes against the approvals of the Board/Authority and also in violation of the Hon’ble High Court dated 31.07.2012, therefore you are called upon to Show Cause as to why penal action may not be initiated against you and Licence No. 11 of 2009 may not be cancelled. Accordingly, you are directed to explain your position within 15 days of receipt of this letter failing which necessary action as per law shall be taken. (Devendra Nimbokar) District Town Planner (HQ), For :Director General, Town & Country Planning Haryana, Chandigarh Endst. No. DS(R)/LC-2064/2012/ Dated: A copy is forwarded to the following for taking further necessary action for sealing unauthorized tubewells/borewells:- a) Regional Director, Central Ground Water Board, North Western Region Bhujal Bhawan, 3-B, Sector 27-A, Chandigarh-160019. b) Deputy Commissioner, Gurgaon. (Devendra Nimbokar) District Town Planner (HQ), For: Director General, Town & Country Planning Haryana, Chandigarh Endst. No. DS(R)/LC-2064/2012/ Dated: A copy is forwarded to the following for information and necessary action:- a) Senior Town Planner, Gurgaon. b) Record-keeper, colony branch for placing the letter on file no. CC-827. (Devendra Nimbokar) District Town Planner (HQ), For: Director General, Town & Country Planning Haryana, Chandigarh. .