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Proceedings of 179Th Meeting Held on 12.04.2021” “Proceedings of 179th meeting held on 12.04.2021” Proceedings of 179th meeting of State Environment Impact Assessment Authority (SEIAA) held on 12.04.2021 in the Conference Hall no. 1 (Room No. 311) at 11:00 AM, MGSIPA Complex, Sector-26, Chandigarh. The meeting was attended by the following members: 1) Sh. Hardeep Singh Gujral, Chairman, SEIAA 2) Sh. Charandeep Singh, PCS Member Secretary, SEIAA 3) Dr. Adarsh Pal Vig, Member SEIAA Professor & Director (HRDC-UGC), Department of Botanical & Environmental Sciences, Guru Nanak Dev University, Amritsar. Er. Parveen Saluja Environmental Engineer SEIAA and other supporting staff also attended. Item No. 179.01: Confirmation of the proceedings of 178th meeting of State Environment Impact Assessment Authority (SEIAA) held on 22.03.2021. The proceedings of the 178th meeting of State Environment Impact Assessment Authority (SEIAA) held on 22.03.2021 were circulated through E-mail on 26.03.2021. Since no observations have been received from any member of SEIAA, the Proceedings of the 178th meeting as circulated were deemed confirmed. Item No. 179.02: Action taken on the proceedings of 177th & 178th meeting of State Environment Impact Assessment Authority (SEIAA) held on 08.03.2021 & 22.03.2021 respectively. SEIAA was apprised that action on the proceedings of 177th & 178th meeting of State Environment Impact Assessment Authority (SEIAA) held on 08.03.2021 and 22.03.2021, respectively, have been completed except item no 178.02 and 178.13, which were placed before SEIAA at item no 179.16 and 179.24 of the instant agenda (179th meeting of SEIAA). SEIAA noted the same and decided that item no. (iv) of 178.02 regarding dedicated office and field level staff and item no. (iii) of 178.13 regarding the violation cases be placed in the joint meeting of SEIAA/SEAC which may be scheduled within the present calendar month. 1 “Proceedings of 179th meeting held on 12.04.2021” Item No. 179.03: Application for exemption of Environmental Clearance for M/s. Innovative Housing & Infrastructure Pvt. Ltd. (Mega Integrated Residential Township) at Village Togan and Teera, New Chandigarh, Kharar, Distt. SAS Nagar. The facts case is as under: - M/s Innovative Housing & Infrastructure(P) Ltd. vide reference no PCL/2020/2049 dated 13.10.2020 submitted as under: - The project layout plan (Drawing No. PCL/ RD/ 16 dated 19/09/2017) has been approved vide CTP Letter No. 4439 CTP (Pb. IMPM-161 dated 11-72018 and the same has also notified by the Govt. of Punjab vide letter No. 18/26/18-5hg2/1968 dated. 29/11/2018 This shows that CLU area is 155.9 acres but the net planning/Licensed area of the project is 95.0250 acres, which is about 42.42 hectares, which is less than 50 hectares and being an area development project, they cannot calculate total built-up area at this stage. The project proponent has contended that, as per EIA Notification, 2006, it is not covered under any project/activity. M/s. Innovative Housing & Infrastructure Pvt. Ltd., requested to exempt their case (Mega Integrated Residential Township) from prior Environmental Clearance as per EIA notification, 2006. 1.0 Deliberations during 176th meeting of SEIAA held on 19.02.2021. The case was considered by SEIAA in its 176th meeting held on 19.02.2021. SEIAA observed that such type of queries may come up again time to time after the Ministry clarified vide its letter dated that as on date projects with land area less than 50 ha. but built-up area more than 20,000 sq.mts may be appraised as per the provisions of schedule 8(a) of the EIA Notification 2006 as amended from time to time. SEIAA felt that to clarify the issue, a detailed guideline for the activity: Building/Construction projects/Area Development Project and Townships (8a & 8b) of schedule appended to the EIA Notification are required to be made. After detailed deliberations, SEIAA decided to remand the case to SEAC for sending the recommendations in the matter and detailed guidelines to be followed up for the activity by the EIA consultants in the State of Punjab. 2.0 Deliberations during 197th meeting of SEAC held on 15.03.2021. SEAC observed that the matter has been referred by SEIAA to send recommendations in the matter and frame detailed guidelines in the matter to deal with such cases in future. 2 “Proceedings of 179th meeting held on 12.04.2021” SEAC observed that the project proponent in this case has mentioned that the total land area of the project for which CLU had been obtained was 155.9 Acres but the net planned area of the project was 95.025 Acres which is about 42.42 Ha and less than 50 Ha and on the basis of the same, the project proponent had sought exemption from obtaining Environment Clearance under the EIA notification 14.09.2006, as the projects having total land area greater than or equal to 50 Ha are required to obtain Environment Clearance under category 8 (b). SEAC observed that the term Net Planned Area has not been mentioned in the EIA notification dated 14.09.2006 and could not be considered to appraise the projects. Therefore, the land area for which CLU has been obtained by the project proponent would be considered for ascertaining the applicability of the said Notification. SEAC further observed that the project proponent had submitted that being an area development project, it was not in a position to calculate the total built up area. In this regard, SEAC observed that the built-up area, in the cases where total land area is less than 50 Ha, shall be calculated on the basis of the permissible FAR, as prescribed by the concerned authority. SEAC was appraised that Regional office, MoEF&CC vide letter no. 1-5/ 2018/ Miscellaneous/ Env.205 dated 15.04.2019 has clarified that the projects with land area less than 50 Ha. but built- up area more than 20,000 Sqms may be appraised as per the provisions of Schedule 8 (a) of the EIA notification 2006 as amended from time to time. After detailed deliberations, SEAC decided as under: 1. The project namely M/s. Innovative Housing & Infrastructure Pvt. Ltd. (Mega Integrated Residential Township) at Vill. Togan and Teera, New Chandigarh, Kharar, Distt. SAS Nagar, cannot be given exemption from obtaining Environment Clearance under the provisions of EIA notification dated 14.09.2006 as the total land area for which CLU was obtained was 155.9 Acres (63.09 ha) which is more than 50 Ha. and thus, the project is covered under category 8 (b) of the schedule attached to the said notification. 2. In view of EIA Notification dated 14.09.2006 for Building / Construction Projects/ Area Development Projects and Townships and clarification given by Regional Office, Ministry of Environment, Forest & Climate Change, Chandigarh vide letter no. 1-5/ 2018/ Miscellaneous/ Env.205 dated 15.04.2019, the following guidelines be adopted in future: a) The land area for which CLU has been obtained shall be considered for ascertaining the applicability of the EIA notification dated 14.09.2006 and not the Net Planned Area. b) In all the cases in which the total land area is less than 50 Ha, the total built up area shall be calculated on the basis of the permissible FAR, as prescribed by the concerned authority. 3 “Proceedings of 179th meeting held on 12.04.2021” c) The projects with land area less than 50 Ha but built-up area more than 20,000 Sqms will be appraised as per the provisions of Schedule 8 (a) of the EIA notification 2006 as amended from time to time, as clarified by Regional office, MoEF&CC, Chandigarh vide letter no. 1-5/ 2018/ Miscellaneous/Env.205 dated 15.04.2019. 3.0 Deliberations during 179th meeting of SEIAA held on 12.04.2021. The case was considered by SEIAA in its 179th meeting held on 12.04.2021, which was attended by Sh. Deepak Gupta and Mr. Sital Singh, M/s CPTL, EIA, Mohali Environmental Consultant on behalf of the promoter company. Environmental Consultant of the promoter company informed that the project proposal was granted Terms of Reference on 04.02.2021 by the MoEF&CC and that the application for obtaining Environmental Clearance will be submitted to SEIAA shortly. SEIAA observed that as the TORs have been approved by the MOEF&CC and the process of obtaining Environmental Clearance has been initiated by the Project Proponent, their request to exempt their Project from obtaining Environmental Clearance has become infructuous. After deliberations, SEIAA decided as under: - i) that application of the Project Proponent seeking exemption from obtaining EC be filed as it had become infructuous. ii) The Project Proponent be informed as above and be directed not to undertake any work or activity except securing of land prior to grant of requisite Environment Clearance. iii) The recommendations made by SEAC regarding processing of cases in which the Project Proponents were not submitting full details of the proposed Built-up area would be taken up in the next Joint Meeting of SEIAA and SEAC. Item No. 179.04: Regarding review of conditions imposed in the Environmental Clearance being granted to the induction furnace industrial units under the provisions of EIA notification dated 14.09.2006. Facts of the matter are as under: Member Secretary, Punjab Pollution Control Board vide letter no. 4144 dated 23.12.2020, informed that SEIAA was earlier requested vide letter no. 1892 dated 02.07.2020 to review some of the conditions being imposed in the Environmental Clearances being granted by the SEIAA and issue the necessary modification letter in the form of Corrigendum, so that the Punjab Pollution Control Board may grant consent to operate under the Water (Prevention & Control of Pollution) 4 “Proceedings of 179th meeting held on 12.04.2021” Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 to the industrial units.
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