Minutes of the 9th meeting by YlhCT5

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									                                 Annexure- A


List of Participant


1. Sh. Maha Singh IAS.                 Member Secretary

2. Sh. R.N. Malik                      Member SEIAA


Representatives of the project

1. Smt. Rachna Bhargwa                 M/S Vatika Ltd. & Alaska Constructions

2. Shri. U.C Srivastva                 -Do-

3. Sh. Mehtab Hussain                  M/S Uppal Housing Ltd.

4. Smt. Rachna Bhargwa                         -Do-

5. Smt. Rachna Bhargwa                 M/S Mapsko Builders Pvt. Ltd.

6. Dr. A.K. Gupta                      M/S Jhankar Consultancy Pvt. Ltd.
Minutes of the 9th meeting of State Environment Impact Assessment Authority held on
08.06.09 and 09.06.09 at 11.30 A.M. under the Chairmanship of Sh. K.S. Bhoria, IAS
(Retd.), Chairman, SEIAA regarding environmental clearance under EIA Notification
dated 14.9.2006.


The following attendant the meeting:-
1.Sh. Maha Singh IAS, FC & PS- cum- Member Secretary SEIAA
2.Sh. R.N. Malik, Member SEIAA

           The 9th meeting of SEIAA was held on 08.06.09 and 09.06.09 in the office of Director
Environment to consider the cases received from SEAC. The following business was
transacted:-On 08.06.09

1.   M/S Chiman Metal Co. EC for lead smelting unit at Bhishan Pura, Rohtak Road, Jind.

            The project has been recommended by SEAC for environmental Clearance for lead
processing from the Battery Scrap in already purchased constructed premises in village
Bhisanpura, Rohtak Road, Jind. The project is covered under item no. 3 (a) of the schedule
annexed to 14.09.06 notification. The SEAC has appraised this project as B-2 on the analogy of
MOEF, GOI environmental clearance in similar cases.
            It was found that as the project is located near the village abadi, and the siting
parameters were required to be ascertained which has not been done by the SEAC. Besides
this, status of the unit, adequacy of pollution control measures, satisfactory management of
handling, storage and disposal of waste material have also not discussed on the file. It is not
clear whether the SEAC has examined these aspects or not. Accordingly the SEIAA decided to
refer back this case to SEAC for examination of following points and then make appropriate
recommendation.

     i)   Siting parameters of the proposed Industrial unit.
     ii) Whether the unit is already in operation or not.
     iii) Adequacy of pollution control measures.
     iv) Satisfactory management of handling, storage and disposal of waste material.
     v) Whether it comes under the category of hazardous substances or not.

2.   M/S Country wide Private Ltd. EC for Proposed group housing project at sector-66
     &67, Village Medhawas, Gurgaon.

           The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Sector-66 & 67, Village Medhawas Gurgaon and
HUDA has intimated that they will be able to provide water supply to this area in about 3 years.
It was also found that the map of the proposed building and layout plan submitted by project
proponent are not self explanatory Accordingly it was decided to defer this for the next meeting
to be held on 22.06.09. A decision was also taken that project proponent should be advised to
appear in the next meeting of the SEIAA alongwith detailed building and layout plans or depute
any representative who can explain the project and also respond to queries / Clarifications as
may be required during discussions.
3.   M/S Innovative Infrastructure Developers (P) Ltd EC for proposed construction of
     Legend Heights (Commercial Complex) Sector-80, Village- Naurangpur, Distt.
     Gurgaon.

            The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Village Naurangpur, Sector-80, Gurgaon. and
HUDA has intimated that they will not be able to provide water supply to this area in about 3
years. It was also noticed that the project areas falls in the dark/ over exploited areas notified for
regulation by CGWA and the project proponent has already submitted application to the DC
Gurgaon for abstraction of Ground water for drinking purpose from the existing bore-well to
meet with the water requirement. It was found that the water requirement is 202 KLD only for
drinking & domestic purposes. The project proponent has already applied to the competent
authority for permission to use the water of the already existing borewell. The CGWA also does
not prohibit the use of ground water for domestic/ drinking water purposes but with their
permission. The environmental clearance can be granted to this unit subject to the approval of
the use of ground water by the competent authority. After detailed deliberations the Authority
decided to accept the recommendation of SEAC to accord environmental clearance to the
project proponent by imposing conditions as recommended by SEAC.

4. M/S Raheja Developers Pvt. Ltd EC for residential complex VEDAANTA at Sector-108,
   Dharampur, Gurgaon.

           The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Village Dharampur Sector-108, Gurgaon. and
HUDA has intimated that they will not be able to provide water supply to this area in 3 years. It
was also noticed that the project areas falls in the dark/ over exploited area and notified for
regulation by CGWA and the project proponent has already submitted application to the CGWB
for abstractions of Ground water for drinking purpose from the existing bore-well to meet with
the water requirement, which has been forwarded to DC Gurgaon by CGWB. The CGWA also
does not prohibit the use of ground water for domestic/ drinking purposes, but with their
permission. After detailed deliberations the Authority decided to accept the recommendation of
SEAC to accord environmental clearance to the project by imposing conditions as
recommended by SEAC.

5.   M/S Shrimaya Buildcon Pvt. Ltd. EC for proposed commercial complex project at
     village pawala, Khassupur, Sector-109, Gurgaon.

            The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Village Pawala, Khasurpur, Sector-109, Gurgaon.
and HUDA has intimated that they will not be able to provide water supply to this area in about 3
years. It was also noticed that the project proponent has proposed to meet with the fresh water
requirement demand from the existing 6 Nos. of borewells after seeking conversion of the same
from agriculture use to commercial use from the concerned agency; till HUDA supply is made
available to the unit. It was found that environmental clearance can be granted to this unit
subject to the prior approval of the competent authority for use of ground water of the already
existing borewells.     After detailed deliberations, the Authority decided to accept the
recommendation of SEAC to accord environmental clearance to the project by imposing
conditions as recommended by SEAC.

6.   M/S Pujya Enterprises EC for setting up of lead smelting unit at plot No. 19& 20
     HSIIDC Industrial Area, Jind.
           The project has been recommended by SEAC for environmental Clearance for lead
processing from the Battery Scrap in already purchased constructed premises at plot no. 19 and
20 in HSIIDC Industrial Area Jind. Haryana. The project is covered under item no. 3 (a) of the
schedule annexed to 14.09.06 notification, The SEAC has appraised this unit as B-2 project on
the analogy of MOEF, GOI environmental clearance in similar cases. It was however found that
the project proponent has not submitted NOC from GM HSIIDC Jind for setting up of the
proposed lead smelting unit. The environmental clearance can be granted only after submission
the NOC from HSIIDC. After detailed deliberations the Authority decided to accept the
recommendation of SEAC to accord environmental clearance to the project subject to the
condition precedent of submission of NOC and further subject to the conditions as
recommended by SEAC.

7.   M/S DLF Ltd. EC for proposed commercial project “City Center” at DLF Phase-V,
     Sector-43, Gurgaon. Haryana.

             The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Sector-43, Gurgaon. and HUDA has intimated that
they will be able to provide water supply to this area in about 3 years. It was also noticed that
the project is construction of tower-A in the Gurgaon city center DLF phase-V. During
discussions it emerged out that the project proponent has submitted proposal only for
construction of commercial project tower-A. Nothing has been said about the over all status of
the environment of the entire city centre as one unit. The project proponent should have given
detailed rain water harvesting scheme, solid waste management Scheme, sewerage treatment
plant scheme, water supply traffic circulation and green belt development scheme for the entire
city centre as one unit. After detailed deliberation it was decided to defer the case for the next
meeting of SEIAA to be held on 22.06.09. A decision was also taken that the project proponent
may be advised to appear before the authority in the next meeting to be held on 22.06.09
alongwith detailed rain water harvesting scheme, solid waste management scheme, sewarge
treatment plant scheme, water supply arrangement, and green belt development scheme and
traffic circulation plan for the entire city centre as one unit or depute any representative who can
explain the project and also respond to queries / clarifications as may be required during
discussions.

8.   M/S DLF New Gurgaon Homes(P) Ltd, EC for proposed Group Housing at Sector-79,
     village:-, Naurangpur Gurgaon.

            The SEAC has recommended the grant of EC subject to certain conditions. It has
been pointed out that the project is located in Village Naurangpur, Sector-79, Gurgaon. and
HUDA has intimated that they will not be able to provide water supply to this area in about 3
years. It was also noticed that the project areas falls in the over exploited area notified for
regulation by CGWA and the project proponent has already submitted application to the CGWA
for abstraction of ground water for drinking purpose from the existing bore-well to meet the
water requirement. It was found that environmental clearance can be granted to the unit subject
to the prior approval of the use of ground water from existing borewells as applied. After detailed
deliberations the Authority decided to accept the recommendation of SEAC to accord
environmental clearance to the project proponent subject to the condition of the approval of the
competent authority to use the ground water before the start of the unit and further subject to
the conditions as recommended by SEAC.

On 09.06.09
9.   M/S MPH Networks Pvt. Ltd, EC for MPH Networks IT Park Project at Plot No. 188,
     Phase- 1, Udyog Vihar, Gurgaon.

             It was observed that SEAC has recommended to file this case as the project
proponent has failed to submit the certificate from the revenue authorities that the area does not
fall within the jurisdiction of arravali notification dated 07.05.92,which is vital information from
environmental angle, despite of issuance of letter dated 29.12.08 and final notice dated
15.01.09.
             It was observed by the Authority that the project is for construction           of “MPH
Network” IT Park at Plot no. 188 Phase-I, Udyog Vihar, Gurgaon, Haryana. which is already a
fully developed industrial area and there is no justification for asking the certificate of Arravali
area for one particular unit. Also a list of villages/ areas identified to be included in the Arravali
area by the Conservator of Forest Gurgaon was obtained through the F.C. Environment
Haryana It was observed that the project area does not fall in the villages located in arravali
area of Gurgaon as identified by Conservator of Forest Gurgaon. and also does not fall in the
list of areas closed under section-4& 5 PLPA- 1900.
                 After detailed deliberations a decision was taken to refer back this case to SEAC
for reconsideration of their recommendation and for further appropriate action as required. It
was also decided that a copy of list of villages covered under jurisdiction of Arravali notification
and areas closed under section-4& 5 of PLPA-1900 should also be sent to SEAC.

10   MS Gateway Education & Charitable Society EC for Gateway International School at
     sector-11, Village-Fazilpur, Distt.Sonipat, Haryana.

            It was noticed that SEAC has recommended to file this case as the application was
submitted by the Project Proponent under 27.01.94 notification and not under EIA notification
14.09.06. The SEAC had advised the Project Proponent to submit the application under EIA
notification 14.09.06 but the Project Proponents have failed to submit the same.
        The authority has been constituted to appraise the projects under notification dated
14.09.06 and not consider the projects under notification dated 27.01.94 which has been
superseded. Hence a decision was taken to file this case and it was also decided that the
decision of the authority should be conveyed to the Project Proponents with copy of the same to
the HSPCB for monitoring the unit.

11   M/S Tremendous Comped Pvt. Ltd, EC for IT Park Project at Sector-62, Distt.
     Gurgaon.

            The SEAC has recommended to file the case on the ground that the project
proponent had failed to provide the vital information sought by SEAC despite issuance of
various letters and final notice. In the absence of the vital information it was not possible to
appraise the projects for the environmental clearance in the absence of the vital information.
        Finding no reason to disagree with recommendations of SEAC in this case the Authority
decided to file this case. It was also decided that the decision of the Authority should be
conveyed to the project proponent and copy of the same be forwarded to the Haryana State
Pollution Control Board for information.

12. Spaze Tower Landbase Pvt. Ltd EC for commercial complex situated in Sohna Road,
     Sector-49, Village-Tikri and Ghasola, Gurgaon.
           It was noticed that SEAC has recommended to file this case on the grounds that
project proponent vide letter dated-12.09.08 has informed that MOEF-GOI has already
accorded environmental clearance to their project vide letter dated 04.10.07. Copy of the
clearance letter was also sent by the project proponent. It was accordingly decided to accept the
recommendation of SEAC to file this case.

13.   M/S Uppal Housing Pvt. Ltd. EC for Group Housing at Naurangpur, Gurgaon.

           It was observed that SEAC has recommended to file the case on the ground that the
project proponent had failed to provide the vital information sought by SEAC despite the
issuance of various letter and final notice. In the absence of the vital information it was not
possible to appraise the project for the environmental clearance.
           Finding no reason to disagree with recommendations of SEAC in this case the
Authority decided to file this case. It was also decided that the decision of the Authority should
be conveyed to the project proponent and copy of the same be forwarded to the Haryana State
Pollution Control Board for information.

14.   M/S Jewels Classic Hotels Pvt. Ltd. EC for the construction of proposed Jewel
      Classic Hotels Pvt. Ltd. at Sector-32, Karnal.

            It was noticed that the project proponent on 09.06.08 had submitted application for
seeking environmental clearance for construction of Jewel Classic Hotel, at Sector-32, Karnal.
for the total covered area of 16775.97 sqmt. The project proponent vide letter dated 07.07.08
intimated that the total covered area of the project is less than 20000 sqmt. Therefore EIA
notification 14.09.06 is not applicable and their project does not require environment clearance.
                The SEAC in its Ist meeting discussed this matter and decided that project
proponent may be advised to supply the proof of competent authority in respect of their
contention that the constructed area is less than 20000 Sqmt. The project proponent failed to
submit the desired information despite of issuance of final notice. Accordingly SEAC has
recommended to reject/ file this case.
                Finding no reason to disagree with recommendations of SEAC, the Authority
decided to file this case. It was also decided that the decision of the Authority should be
conveyed to the project proponent and copy of the same be forwarded to the Haryana State
Pollution Control Board for information/ monitoring.

15. M/S Triveni Infrastructure Development Co. Ltd. EC for Group Housing Project at
   Sector-19, Garhi Alwalpur, Tehsil Dharuhera, Rewari.

           It was observed that SEAC has recommended to file the case on the grounds that
the project proponent had failed to provide the vital information sought by SEAC despite of
issuance of various letter and final notice. In the absence of the vital information it was not
possible to appraise the projects for the environmental clearance.
           Finding no reason to disagree with recommendations of SEAC in this case the
Authority decided to file this case. It was also decided that the decision of the Authority should
be conveyed to the project proponent and copy of the same be forwarded to the Haryana State
Pollution Control Board for information/ monitoring.

16. M/S Larson & Toubro Ltd. EC for IT Park at Faridabad, Haryana.

           It was observed that SEAC has recommended to file the case on the grounds that
the project proponent had failed to provide the vital information sought by SEAC despite of
issuance of various letter and final notice. In the absence of the vital information it was not
possible to appraise the projects for the environmental clearance.
           Finding no reason to disagree with recommendations of SEAC in this case the
Authority decided to file this case. It was also decided that the decision of the Authority should
be conveyed to the project proponent and copy of the same be forwarded to the Haryana State
Pollution Control Board for information/ monitoring.

17. M/S DLF Homes Ambala (P) Ltd, EC for construction of proposed 37.4 acre DLF
   Group Housing Project at Shahpur, Sector-40, Ambala, Haryana.

            It was observed that SEAC has recommended to file the case on the grounds that
the project proponent had failed to provide the vital information sought by SEAC despite of
issuance of various letter and final notice as in the absence of the vital information it was not
possible to appraise the projects for the environmental clearance. It was noticed that the SEAC
in this case has not issued final notice to the project proponent to supply the desired information
as asked vide letter no. 779 dated 01.12.08 as the copy of final notice was not available in the
records. It seems no final notice has been given in this case which was otherwise required to be
given as per the decision of the SEAC itself. It was accordingly decided to refer back this case
to SEAC with the advice to give last opportunity by way of final notice to supply the requisite
information within 15 days.
18. M/S Uppal Knowledge Park Ltd. EC for school complex namely “The Veedan Valley”
     at Sohna Road, Distt Gurgaon, Haryana.

           It was observed that this case was earlier submitted by Secretary SEAC to Chairman
 SEIAA on 23.04.09 with the recommendation to file prosecution against the project proponent
 in view of the report of sub committee of SEAC. The Chairman SEIAA pointed out that the
 environmental clearance/ recommendation in this case has not been decided by the SEAC as
 yet and the report submitted by Sub Committee of SEAC was also not self contained as no
 proper enquiry was conducted to find out whether project proponent has committed any
 violation or not. Accordingly Chairman SEIAA advised SEAC to properly examine the case
 and submit a detailed report. The SEAC on 25.05.09 submitted the detailed report giving
 sequence of events alongwith documents and recommended to file prosecution against the
 project proponent for carrying out construction activity without obtaining prior environmental
 clearance.
           It was found that the project proponent has informed and argued that they had
 applied for EC to the GOI on 22.04.08 and since they did not receive any decision for the
 SEAC/ SEIAA regarding grant or decline of EC with in the stipulated period of 105 days and
 therefore they had started the construction as per the notification dated 14.09.06. The
 argument the project proponent however was not found tenable by the SEAC on the ground
 that the application of Project Proponent was received from MOEF-GOI on 30.06.08 by the
 SEIAA. The application was incomplete and the project proponent was requested to supply
 the complete information vide SEAC letter dated 22.08.08. The project proponent supplied this
 information on 17.10.08. Therefore the specified period would start from the date i.e 17.10.08.
 The SEIAA discussed the matter in details and agreed to the report/ logic given by the SEAC.
 The SEIAA therefore after due deliberations decided the following:-

   (i) Giving sequence of events reported by SEAC, Secretary Environment Govt. of Haryana
       be informed to take legal action against the project proponent by invoking powers under
       the Environment (Protection) Act-1986 for commencing constructions without obtaining
       prior Environmental Clearance as required under the notification dated 14.09.06.
   ii) To refer back this case to SEAC for consideration of the project on the merits on the
       basis of clarification given by MOEF-GOI vide letter dated 06.04.09 in some other case.
       Copy of which has already been supplied to SEAC and then make appropriate
       recommendation to the SEIAA regarding grant of Environment Clearance.


19. M/S Chintels Exports Pvt Ltd. EC for Group Housing “Sobha City” Sec. 109, Babupur
     Village, Distt. Gurgaon.

            It was observed that SEAC has recommended to file the case on the ground that the
project proponent had failed to provide the vital information sought by SEAC despite of issuance
of various letter and final notice. In the absence of the vital information it was not possible to for
them to appraise the project for the environmental clearance; It was however found during the
examination of the case. noticed that the SEAC has not issued final notice to the project
proponent to supply the desired information as has already been asked vide letter no. 645 dated
27.10.08 as no such copy of final notice was available in the records. It was accordingly decided
to refer back this case to SEAC with the advice to give last opportunity by way of final notice as
per their own decision of the 14th meeting to supply the requisite information with in 15 days.

20. M/S JCB India Ltd. EC for the expansion project at plot No. 1 to 13, Sector-58,
     (Clubbed with existing area of  JCB India Ltd, 23/7, Mathura Road, Ballabarh.
     Distt. Faridabad.

            It was informed that this case was earlier taken in the 8th meeting of SEAC and it was
decided that proceeding of the EAC-2 of MOEF-GOI be obtained, where in this case was
appraised.
            The proceeding of the 28th meeting of Expert Appraisal Committee (EAC-2) held on
28.03.08 were placed before the Authority. It was noticed that EAC-2 had considered this
expansion project of JCB and the following were the observations of EAC-2 “The Committee
observed that being industrial production unit it does not require environment clearance from
this committee. It does not fall under any industrial category that requires Environmental
Clearance under the Notification.” After detailed deliberations It was decided to seek clarification
from MOEF-GOI as to whether construction of factories/ industries having constructed area
equal to or more than 20000 sqmt. are covered under item no. 8 (a) of the schedule of
Notification dated 14.09.06 or not?


                       The meeting ended with a vote of thanks to the Chair.

								
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