Minutes of the 61st meeting of the Committee Constituted for Deciding the Consent under Orange Category, held on 11.6.2008 in the Conference Room of Chairman, DPCC.

The following persons attended the meeting:

1.  Sh. J. K Dadoo, Chairman DPCC

2.  Sh. K. Mahesh, Member Secretary, DPCC

3.  Sh. S.K.Gupta, Head Chemical Engineering Deptt. ,IIT Delhi

4.  Sh. B. Kumar, SEE, DPCC

5.  Dr. Chetna Harjai, Scientist, Deptt of Env., GNCTD

6.  EEs CMC – I, II & III.

7.  EE and AEEs of PGRC

8.  AEEs and JEE of CMC – I, II & III.

Following decisions were taken in the said meeting:-

Sh. M. Dwarakanath, SSO, Environment Department could not attend the meeting as he was on earned leave. Dr. Chetna Harjai, Scientist had attended the meeting in place of Sh. M. Dwarkanath, SSO as she is his link officer.

Agenda Item No.1- Personal hearings of Laxmi Buildtech, Plot No. D-1 & P3 – A, Saket Place, Hotel Queen Road, Ansal Plaza, HUDCO Place, ABW Infrastructure Ltd., Eros Metro Mall, Dwaraka, Metropolitan Mall, West End Mall, AP Real Estates

M/s Laxmi Buildtech, Plot No. D-1 & P3 – A, Saket Place: The unit came for personal hearing today and agreed that it has not created the requisite facilities for control of noise / air pollution and treatment of waste water. The unit has filed a letter saying that it requires a week’s time for its owner to come personally to explain its case. Call on 18.06.2008 at 8.00 PM for personal hearing of the owner Sh. Vinod Saluja, after the other cases of personal hearing are over.

M/s Hotel Queen Road: The unit appeared for personal hearing. The representative of the unit, who appeared for the hearing, seeks 10 days time to check with his superiors and respond to the penalty of 1 % of the project cost for not applying for Consent to Establish under the Air & Water Acts. Call on 18.06.2008 at 7.30 PM for personal hearing and final order.

M/s Ansal Plaza, HUDCO Place: The unit appeared for personal hearing today. It has also filed an application saying that HUDCO has signed an agreement to sublease in 1995, and the total built up area of M/s Ansal Plaza is about 14,700 sqm. The unit has also claimed that HUDCO is responsible for the maintenance and external services in the entire area.

When questioned about the air emissions and waste water generation from the eating places in Ansal Plaza, the representatives of the unit were not familiar with the details. They were not also clear about the total number of D.G. Sets and whether these D.G. Sets have acoustic enclosures.

In view of the above, SIT may inspect the premises by 25.06.2008. Call on 25.06.2008.

M/s ABW Infrastructure Ltd.: The unit came for personal hearing today. It is not clear, how many eateries exist and consequent quantity of waste water generation will take place. It is also not clear about the total quantity of ground water drawl and the alternate sources of water for the mall. The CTE application indicates total waste water generation of 69 KLD which does not appear to be the requirement only for offices. The unit confirms that it will get the required information and submit before 25.06.2008. The date of construction of the unit will also be confirmed before 25.06.2008. Call on 25.06.2008.

M/s Eros Metro Mall, Dwarka: The unit came for personal hearing today. The built up area is approx. 15,500 sqm and construction not yet started as the building plans are yet to be cleared by DDA. Unit will install STP of 50 KLD and 2 D.G. Sets with acoustic enclosures and requisite stack height. The unit will file clarification on how excavation would be done to ensure air pollution is checked. Unit will also confirm when the building plans will be approved, so that the DDA building plan conditions can be checked by DPCC before Consent to Establish application is considered. Call on 25.06.2008.

M/s Metropolitan Mall: The unit during the course of hearing has agreed in principle to file a cash penalty of 0.5 % and Bank Guarantee of same amount within a week from today. Call on 25.06.2008 with confirmation of the above.

M/s West End Mall of PP Buildwell: The unit came for personal hearing today and stated that it has filed Consent to Establish and the Environmental Clearance applications. The unit pleaded ignorance about not filing these applications earlier, despite the fact that in another case, it had filed Consent to Establish application in August, 2007. The unit also claimed in its affidavit that the construction will end in 2010, whereas during the inspection by MS it was found almost complete and the unit confirmed this in the personal hearing today. The representative was insistent that it had applied for Consent to Establish and Environmental Clearance and should be treated in similar fashion compared to units in similar situation.

This is a clear case whereby the unit has completed its construction without applying for Consent to Establish and Environmental Clearance. The unit gives the impression that it can manage its permission at its own free will. In such a situation, the Committee is of the view that closure orders may be confirmed to the unit with disconnection of power and water supply for non compliance of environmental legislation i.e. EIA notification and provisions of the Air & Water Acts. All the deficiencies noted during the inspection and all other acts of omission and commission must be brought out in a detailed closure order. Draft closure order may be shown to the Chairman, DPCC by 16.06.2008 before issue. Call on 25.06.2008.

M/s Convention Centre of PP Buildwell: The unit was called for personal hearing and it confirmed that entire construction is completed and Consent to Establish has not been applied for. Ask SIT to inspect and report on 25.06.2008.

M/s AP Real Estates: The unit was called for personal hearing today. He claims no construction has taken place so far. The internet download of MOEF indicates that certain clarifications have been sought and Environmental Clearance is yet to be given to the unit. SIT may inspect and report on all points relating to Air, Water & Noise pollution, Green Building concept and efficient waste management practices. Unit may also be asked to file permission from CGWA for ground water drawl. Call on 25.06.2008.

Agenda Item No.2- Special reference cases.

Decisions taken with respect to this agenda are tabulated and annexed as Annexure – 1.

Agenda Item No.3- Shopping Mall cases

Only 2 cases were discussed by the Committee due to paucity of time. Decisions taken in these cases are annexed as Annexure-2. Committee decided to take up the remaining cases of this agenda in the next CMC meeting to be held on 18.06.2008 along with other Shopping Mall Cases originally slated for that day.

Agenda Item No. 4- PGRC Cases

This agenda could not be taken up due to paucity of time and it was decided by the Committee to take up the same in the next CMC meeting to be held on 18.06.2008.

Agenda Item No.5- Construction Projects cases

This agenda could not be taken up due to paucity of time and it was decided by the Committee to take up the same in the next CMC meeting to be held on 18.06.2008.

Agenda Item No.6- Complaint cases of Friends Colony Ind Area

This agenda could not be taken up due to paucity of time and it was decided by the Committee to take up the same in the next CMC meeting to be held on 26.06.2008.

Agenda Item No.7- Cases of renewal of Okhla Industrial Areas

This agenda could not be taken up due to paucity of time and it was decided by the Committee to take up the same in the next CMC meeting to be held on 26.06.2008.

Agenda Item No. 8- Cases of SMA, SSI and RUN Indl Areas

This agenda could not be taken up due to paucity of time and it was decided by the Committee to take up the same in the next CMC meeting to be held on 26.06.2008.

Table Agenda Item No 1 : Construction of Commercial Mall name Shop in Park at Plot No. 2, Community Centre Block B , Shalimar Bagh, New Delhi, Pragya Products Private Ltd.

The case of this unit, was taken up as a table agenda, being a major violator. The unit has replied and sought a personal hearing as it is not accepting the SIT report findings despite signature of the representative of the unit on the report. Call for personal hearing on 25.06.2008 at 5.00 PM.

Meeting ended with thanks to the Chair.

CMC / S.No / Ref. No / Name & Address / Date of EC accorded by MOEF / Status of application for CTE / Bult Up Area / Water / Waste Water details / Total Project Cost / Date of Commissioning / Earlier Decisions / ATR/REMARKS / Decision on 11.06.2008
1 / 1 / 2 / G.P. S Developers & Contractors Pvt Ltd , West Gate Mall, 4,5 & 6 Shivaji Place District Center, Rajagarden / 39177 / Consent to Establish/ NOC valid upto 23-04-07 vide Consent No.- 14249 / 10728Sqm / 10Kld(MCD),120KLD(G.W)/ / 45crores(72crores Gross) / 04.09.08 / 21.05.2008
The unit has filed Environmental Clearance of 04.05.2007 on 15.05.2008. Ask the unit to file compliance affidavit of all the Environmental Clearance conditions, item-wise, along with a fresh Consent to Establish application from the date the previous one expired. Unit may also confirm when it completed its construction and whether it is operating as a mall and from what date. Copy of DPCC letter may be sent to Addl. Secretary, MOEF to confirm whether any adverse order has been passed against the unit. Letter to be signed by MS. Call on 03.06.2008. / NOC / Consent was issued Issued letter ssued for compliance affidavit for EC condition at and CTE. / The unit has not filed an appropriate affidavit and may be directed to file item-wise compliance in a shape of proper affidavit. The unit may also be asked to file permission from CGWA for ground water drawl. Call on 11.07.2008.
1 / 2 / 3 / R.C.Sood & Co. Pvt.Ltd.Proposed Shopping Mall at 10, Shivaji Palace, District centre, Raja Garden, Delhi, / 26-03-08 / 11/09/06 27-02-07 / 10.03.2008
Ask the unit to file an affidavit indicating the date of construction & date of completion, architectural drawing and completion certificate if received.
17.04.2008
Issue reminder to the unit to file compliance affidavit of all Environmental Clearance conditions. Call on 14.05.2008,
21.05.2008
SIT to inspect and submit a report by 03.06.2008. Call on 03.06.2008. / Inspection report of SIT will be discussed. / SIT inspection report indicates that the unit has not complied with Environmental Clearance conditions and these deficiencies may be listed in the letter to the unit for compliance. Ask the unit to file permission from CGWA for ground water drawl. Call on 11.07.2008