Minutes of the 68th meeting of the Committee Constituted for Deciding the Consent under Orange Category, held on 17.07.2008 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.  Sh. M. Dwarakanth, SSO, Dept. of Env,. GNCTD.

6.  EEs of CMC – I, II & III.

7.  EE & AEEs of PGRC.

8.  AEEs JEE of CMC – I, II & III.

Following decisions were taken in the said meeting:-

Agenda Item No. 1- ATR of previous CMC meetings.

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 12.08.2008.

Agenda Item No.2- Personal hearings of (i) Gahoi Build Well Ltd Proposed Commercial Complex name East Centre Mall at Plot no 10 Laxmi Nagar District Centre (ii) M/s Suncity Project Pvt. Ltd.Vasant Square Mall Construction Project Pocket 5, Vasant Kunj, Delhi (iii) M/s Aditya Mall, CBD Ground, Near Karkardooma Court, Delhi-92 (iv) Paliwal Developers Ltd (DLF), Galleria shopping Mall Plot no 1 B Mayur Vihar (v) Parsvnath Developers Ltd in collabration with M/s OCL Ltd Construction of Integrated Station Building and Commercial development at games Village,Near Akshardham Temple, Delhi (vi) MGF Developers Ltd Proposed Commercial Mall Namely MGF City Mall at Khyberpass, New Delhi (vii) Aditya Infracon (P) Ltd , at Plot no 8 Jasola District New Delhi (viii) Maruti Udyog Limited , Plot No. 1 Vasant Kunj Mall, Vasant Kunj, New Delhi (ix) Vardhman Land Developers Private Limited Pushpanjali Promoters Private Limited Construction of TDI Mall , Plot no 11, Shivaji Place, District Centre, Rajouri Garden, New Delhi (x) Aditya Infracon (P) Ltd , at Plot no 5 Jasola District New Delhi. (xi) Construction of 5 star Hotel project at Plot No. 15 and 15 A, Non-Heirachial Commercial Complex, Jasola, Delhi by M/s Emmar MGF Land Pvt. Ltd.

(i)  Gahoi Build Well Ltd Proposed Commercial Complex name East Centre Mall at Plot no 10 Laxmi Nagar District Centre

The unit came for personal hearing today. It has been sourcing ground water for more than two years without CGWA clearance. The adequacy report also indicates that the standards are not being met w.r.t. TSS & BOD. The unit has also filed wrong affidavit w.r.t effluent discharge and filing of Consent to Establish.

In view of the above, the unit is directed to pay damages of 0.5 % of project cost as cash penalty & 0.5 % of project cost as Bank Guarantee valid for three years. To be complied by 31.07.2008. Call on 31.07.2008.

(ii)  M/s Suncity Project Pvt. Ltd.Vasant Square Mall Construction Project Pocket 5, Vasant Kunj, Delhi

The unit could not come for personal hearing since the General Manager is hospitalized. SIT report found several deficiencies which may be communicated to the unit for correction by 31.07.2008. The unit has proposed an STP of 100 KLD while the premises is more or less complete. Unit may be asked to confirm by when STP will be ready. Call on 31.07.2008, at 5.00 PM for personal hearing.

(iii)  M/s Aditya Mall, CBD Ground, Near Karkardooma Court, Delhi-92

The unit did not come for personal hearing but sent a clerk for seeking a date. The unit has already filed a case in the High Court but has not been granted stay. The inspection done by MS indicates a large number of deficiencies which are adequate to warrant a notice for closure to prevent the environment from being affected adversely. The unit had approached both MS & Chairman and in the meeting with Chairman had indicated that he will withdraw the court case if a lenient view can be taken. Case may be called on 24.07.2008 to ascertain if the court case has been withdrawn. Call on 24.07.2008.

(iv)  Paliwal Developers Ltd (DLF), Galleria shopping Mall Plot no 1 B Mayur Vihar

A letter has been received from DLF stating that the unit is busy w.r.t. presentations before Expert Appraisal Committees of MOEF, Tamil Nadu and Andhra Pradesh. He has, therefore, sought postponement of the personal hearing. The date of his preoccupation in his chart indicates that he is free on 24.07.2008 which is the next date of CMC meeting. Call on 24.07.2008 at 5.45 PM for personal hearing.

(v)  Parsvnath Developers Ltd in collabration with M/s OCL Ltd Construction of Integrated Station Building and Commercial development at games Village, Near Akshardham Temple, Delhi

The unit was called for personal hearing today but he has written a letter seeking postponement due to outstation commitments. The SIT inspection report indicates the following:-

(a)  D.G. Sets do not have adequate stack height.

(b)  40 KLD of waste water generation without a separate STP.

(c)  One bore-well exists for which CGWA clearance is required.

(d)  Environmental Clearance has not yet been granted.

(e)  The entire 20000 sqm has been constructed which includes the area of the mall also.

The unit may be asked to file the EC immediately and correct the deficiencies noted by the SIT. Call for personal hearing on 20.08.2008 at 5.30 PM.

(vi)  MGF Developers Ltd Proposed Commercial Mall Namely MGF City Mall at Khyberpass, New Delhi

The unit came for personal hearing today. The cost of the project is Rs 125 Crores. The unit has carried out excavation work. Cash penalty of 10 % of the 0.5 % of the project cost i.e. Rs. 6 Lakhs and equivalent amount as Bank Guarantee valid for three years may be deposited by the unit by 24.07.2008. Call on 24.07.2008.

(vii)  Aditya Infracon (P) Ltd , at Plot no 8 Jasola District New Delhi

The unit came for personal hearing today. It still believes that the total built up area is less than 20,000 sqm, therefore, a copy of our letter written to Addl. Secretary, MOEF may be given to the unit immediately for filing the application for Environmental Clearance to MOEF. The IIT survey report indicates that the total built up is 20356 sqm.

The unit used ground water during construction without CGWA clearance. If the unit is drawing any ground water from any source, it must provide the permission from CGWA immediately. Unit has waste water generation of 212 KLD and no STP provided so far. The unit claims one of the floors is already operational. It is a great environmental damage if waste water of this magnitude is released in the drain without treating it properly. The unit must close down all its operation till the STP is installed and run it as per the norms. Let the unit file a compliance report by 31.07.2008.

The unit must also indicate having applied for Environmental Clearance to MOEF by 31.07.2008. Informed to the unit accordingly. Call on 31.07.2008.

(viii)  Maruti Udyog Limited , Plot No. 1 Vasant Kunj Mall, Vasant Kunj, New Delhi

The unit came for personal hearing. The unit started construction in March, 2006 about 8 months before grant of Environmental Clearance. The unit is almost on the verge of completion without obtaining Consent to Establish. The unit has total water consumption and discharge of 49 KLD which will be fully treated through an STP. Total project cost is Rs. 90 crores and considering that in similarly placed cases damages of 0.5 % of the project cost as cash penalty and 0.5 % of the project cost as Bank Guarantee has been taken, unit may be asked to do the same which amounts to Rs. 45 Lakhs as cash penalty and Rs. 45 Lakhs as Bank Guarantee valid for 3 years for complying with all environmental legislations applicable in the city. If, the unit complies these conditions before 24.07.2008, Consent to Establish may be granted to them at the same time and the compliance report will be filed before CMC on 24.07.2008. Call on 24.07.2008.

(ix)  Vardhman Land Developers Private Limited Pushpanjali Promoters Private Limited Construction of TDI Mall , Plot no 11, Shivaji Place, District Centre, Rajouri Garden, New Delhi

The unit came for personal hearing today. It seeks 15 days time to take the Shopkeepers Association on board for meeting environmental legislation in the future. SIT report indicates groundwater drawl of 25 KLD without CGWA clearance Let the unit get the CGWA clearance by 31.07.2008 and the case will be heard on that day. Let the unit also file the noise monitoring report of D.G. Sets and the adequacy report of STP by 31.07.2008. Call on 31.07.2008.

(x)  Aditya Infracon (P) Ltd , at Plot no 5 Jasola District New Delhi.

The unit came for personal hearing today. It still believes that the total built up area is less than 20,000 sqm, therefore, a copy of our letter written to Addl. Secretary, MOEF may be given to the unit immediately for filing the application for Environmental Clearance to MOEF. The IIT survey report indicates that the total built up is 20323 sqm.

The Consent to Establish application indicates ground water drawl of 120 KLD without CGWA clearance. This must be obtained immediately. It also talks about waste water generation of 80 KLD. Total water consumption recorded in CTE is 230 LD for which 80 % should be the waste water generation i.e. about 180 KLD. The unit however has installed an STP of only 80 KLD. The unit must file an adequacy report of the same and also clarify the difference through an affidavit. The unit must also file the noise monitoring report of the D.G. Set(s). Call on 20.08.2008 for compliance of the above including the application of Environmental Clearance. Informed to the unit accordingly.

(xi)  Construction of 5 star Hotel project at Plot No. 15 and 15 A, Non-Heirachial Commercial Complex, Jasola, Delhi by M/s Emmar MGF Land Pvt. Ltd.

The unit came for personal hearing today. The cost of the project is Rs 779 Crores. SIT report indicates excavation going on and completed upto 10 meters below ground level.

In view of the above, cash penalty of 10 % of the 0.5 % of the project cost i.e. Rs. 39 Lakhs and equivalent amount as Bank Guarantee valid for three years may be deposited by the unit by 31.07.2008. Call on 31.07.2008.

Agenda Item No. 3- 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 12.08.2008.

Agenda Item No. 4- Cases of Wazirpur Industrial 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 06.08.2008.

Agenda Item No. 5- Special reference cases.

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

Agenda Item No. 6- Shopping Mall 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 12.08.2008.

Agenda Item No. 7- 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 12.08.2008.

Table Agenda Item No 1: City Square Mall, Plot No -8, Shivaji Place, Rajouri Garden, Delhi

During the course of CMC meeting, the unit filed a cash penalty of Rs. 25.80 Lakhs in one case (plot no 7) and Rs. 21.07 for another case (plot no 8) to comply with the decision of CMC in its meeting dated 11.07.2008. The unit says that he will file Bank Guarantee in 03-04 days. If, the unit files the Bank Guarantee before the next CMC, Consent to Establish may be issued at the same time. Call on 24.07.2008 for compliance report.

Table Agenda Item No 2: Brightways Housing & Land Development, Construction of Office Cum Shopping Mall at Plot no 7 Distt Centre Jasola New Delhi

The unit has filed a letter seeking 15 days time to consult the shopkeepers association as all the shops have been sold. Meanwhile, the unit has been delisted by MOEF and the mater will have to be taken up through a D.O. letter to Addl. Secretary, MOEF with a copy to Secretary, MOEF, Govt. of India stating that in such cases delisting is not the correct option and action should be proposed against the unit for violating and continuous violation of EPA. Call on 31.07.2008 for personal hearing at 8.30 PM.

Table Agenda Item No 3: Ess Cee & Associates (India)Pvt Ltd Construction of Paragon Mall , Cinema Plot no 2, District Centre, Shivaji Place, Near Raja Garden Crossing, New Delhi

The unit has filed a letter seeking 15 days time to consult the shopkeepers association as all the shops have been sold. Call on 31.07.2008 for personal hearing at 8.15 PM.

The Committee decided to take up the today’s remaining agenda items and agenda items of 24.07.2008, except personal hearings, in the meeting to be held on 12.08.2008 at 5.00 PM.

Meeting ended with thanks to the Chair.

Sl.No / Name of the unit / Activity / Earlier Decision, if any / ATR/Remarks / Decision on 17.7.2008
1 / Mc-Donold Restaurant, West Punjabi Bagh / Restaurant / 03.4.2008
In view of the above, the Committee felt that the cash penalty of Rupees One Lakh each under the Air & the Water Acts and Bank Guarantee of Rupees One Lakh each under the Air & the Water Acts for one year period may be taken by 30.04.2008. The unit’s consent to operate lapsed on 23.03.2008. Unit may be asked to apply for Consent to Establish so that both matters can be decided in CMC(Orange) on 30.04.2008. Issue letter accordingly.