Minutes of the 146th meeting of the Committee Constituted for Deciding the Consent under Orange Category, held on 05.08.2010 in the Conference Room of Chairman, DPCC.

The following persons attended the meeting:

Sh. Dharmendra, Chairman, DPCC

Dr. A.K.Ambasht, Member Secretary, DPCC

Prof. S. K. Gupta, IIT-Delhi.

Sh. M. Dwarakanth, SSO, Dept. of Env,. GNCTD

Sh. B. Kumar, SEE, DPCC

EEs of CMC – I, II, III & IV.

AEEs of CMC – I, II, III & IV.

Following decisions were taken in the said meeting:-

Agenda Item No. 1- Cases of 21 hotel projects falling under Definite Category and likely category regarding forthcoming Common Wealth Games considered by Scrutinizing Committee on 25.06.2010 / 30.06.2010.

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

Agenda Item No. 2- Fresh Consent to Operate / Renewal cases w.e.f. 24.05.2010 considered by Scrutinizing Committee on 15.07.2010.

Decisions taken with respect to this agenda are tabulated and annexed as Annexure – 2.

Agenda Item No. 3- Cases of Consent to Establish in non industrial areas w.e.f. 07.08.2008 considered by Scrutinizing Committee on 25.06.2010 / 30.06.2010.

Decisions taken with respect to this agenda are tabulated and annexed as Annexure – 3.

Agenda Item No. 4- Cases of Motel/ Farm Houses at Narela-Alipur Zone considered by Scrutinizing Committee on 15.07.2010.

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

Agenda Item No. 5- Two Table Agenda Items considered by Scrutinizing Committee on 15.07.2010.

Decisions taken with respect to this agenda are tabulated and annexed as Annexure – 4.


Agenda Item No. 6- Fresh Consent to Establish cases (i.e. w.e.f. 12.08.2009) considered in CMC meeting upto 26.05.2010, which are still to be disposed of considered by Scrutinizing Committee on 20.07.2010 / 21.07.2010.

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

Agenda Item No. 7- Fresh Consent to Operate / Renewal cases (i.e. w.e.f. 12.08.2009) considered in CMC meeting upto 26.05.2010, which are still to be disposed of considered by Scrutinizing Committee on 20.07.2010 / 21.07.2010.

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

Agenda Item No. 8- Inspection conducted in compliance of earlier CMC's decisions considered by Scrutinizing Committee on 20.07.2010 / 21.07.2010.

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

Agenda Item No. 9- Review of the directions issued as per CMC’s decisions considered by Scrutinizing Committee on 20.07.2010 / 21.07.2010.

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

Agenda Item No. 10- Table Agenda Items considered by Scrutinizing Committee on 20.07.2010 / 21.07.2010.

Decisions taken with respect to this agenda are tabulated and annexed as Annexure – 5.

Table Agenda Item No 1:- M/s Delhi Metro Rail Corporation Ltd., Bhai Veer Singh Marg, New Delhi

MS, DPCC informed that environmental clearance has been issued to the project. Since it is the project related to the Common Wealth Games, issue consent to establish.

Table Agenda Item No 2:- M/s Kenneth Builders & Developers Pvt. Ltd., Maa Anandmayi MARG, Tehkhand, Delhi

Take opinion from advocate on the panel of High Court and thereafter views of Law department, Govt. of NCT of Delhi be sought on the issue.

Table Agenda Item No 3:- M/s Shantiniketan Buildwell Ltd., Plot no. D-3, P-3,B, Saket, Delhi

The unit has submitted pointwise compliance. Ask the unit to confirm the aforesaid compliance on an affidavit. If unit submits the said affidavit, consent to operate be issued.

Meeting ended with thanks to the chair.

Sl. No / ID No / appl_dt / firm_name / firm_address / area_name / Proposed Activity/ Product / Project Details / Earlier CMC Decisions / Environmental Damages (ED ) / Bank Guarantee (BG) / Category / ATR / Remarks / Recommendations of Scrutinizing Committee on 25.06.2010 / 30.06.2010 / Minutes of the meeting dated 01.07.2010 / 02.07.2010 taken by MS, DPCC. / Decision on 05.08.2010
1 / 29750 / 04.05.2009 / Piccadily Hotel, Janak Palace, Janak puri / Janak Puri / Construction of Five Star Hotel / BUA : 34,067.31 Sqm
EC : obtained on 21.05.07
Water Consumption : 145 KLD
Waste Water generation :
(a) Domestic effluent: 100 KLD
(b) Trade effluent: 10 KLD, total 110 KLD.
Total Project Cost : Rs. 88 crores
Date of Commissioning: December, 2008 / Decision on 06.05.09.
Decision on 12.06.09
Issue Final reminder. Call on 05.08.09 / Environmental Damages: Rs. 20 lakh submitted.
Bank Guarantee : Rs. 60 lakh submitted. / OPERATE / CTE obtained on 25.07.2008 valid upto 24.07.2009.
Unit has submitted compliance documents along with an affidavit.
Applied for CTO on 04.05.2009 vide ID No 29750. / Unit may be asked to submit the stack monitoring report for the D.G. Set of more than 1000 KVA, noise monitoring report and the effluent analysis report for substantiating the compliance of new standards being imposed from approved laboratory of DPCC. Inspection may also be condcuted in view of the complaint received. This may be done without waiting for minutes. / The hotel has applied for consent to operate. Mr. Vikram Madhok came for the meeting, he was explained the deficiencies found during the inspection of the hotel conducted in view of the complaints. He has confirmed that three D.G. Sets, which were found during inspection, were of temporary nature and these will be removed from the site immediately. He also confirmed that premises will be having only two D.G. Set of 1500 KVA. He agreed to submit affidavit in this regard. For the STP and the other requisite monitoring reports, he was explained to submit the same at the earliest. The information regarding three oil fired boiler has been concealed in its consent application and he was asked to submit the detail along with proper request at the earliest. Consent Management Cell is to communicate the deficiencies immediately so that the detailed reply could be received from the hotel in a time bound manner. During the meeting, the Mr. Vikram Madhok was asked to rectify the all the deficiencies and submit the requisite documents at the earliest. / Issue SCN for refusal of consent and SCN u/s 31(A) of the Air Act and u/s 33(A) of the Water Act taking cognizence of the fresh complaint also.
2 / 29796 / 06.05.2009 / M/s DLF Ltd. / Plot no. A-4 & P-1A, Saket Place / South / Shopping, Multiplex, Hotel & Offices / BUA : 98638.32 sq mt as per CTE, , 84566 as per EC & 124142.78 sqv mt as per CTO
EC : issued on 15.01.07
Water Consumption : 1008 KLd as per CTO
Waste Water generation : 500 Kld
(a) Domestic effluent: 500 Kld
(b) Trade effluent: Nil
Total Project Cost : Rs. 485.86 Crores
Date of Commissioning: Feb 2009 / 12.03.2009
The SIT- I & SIT-II inspection report may be carefully studied and case be submitted administratively covering all the points within a week without waiting for the minutes.
20.03.2009
Advocate be consulted and appropriate action with draft order be put up in CMC on 25.03.2009. Call on 25.03.2009.
25.03.2009
File be put up administratively without waiting for minutes.
23.04.2009
A written explanation of the ALO-I as to why the order has not been implemented. File may be sent to Sh. Vidhey to immediately get the vacation of the stay and confirm to DPCC in writing. Call on 08.05.2009
11.05.2009
Ask the advcoate to expedite the vacation of the stay. Call on 22.05.2009
15.06.2009
Call on 12.08.2009
06.01.2010
Application be made infructuous in view of subsequent application dated 25.09.2007 and file be linked with file vide ID No 23629.
21.01.2010
Monitoring of STP be conducted in view of the legal opinion. / Environmental Damages: 35 Lakh not submitted.
Bank Guarantee : 3.5 Crores not submitted. / OPERATE / The application for consent to establish and consent to operate has not been received in DPCC. However, an application for CTE and CTO for shopping mall at DLF Courtyard has been submitted by DLF Ltd. In the adequacy report prepared by Delhi College of Engineering, there is no mention of existence of hotel. Inspection of the site was also conducted by SIT and the same does not reveal the existence of hotel. Directions were issued to this Mall and DLF has challenged the directions issued by DPCC imposing Bank Guarantee (Rs. 3.15 crores) and environemental damages (Rs. 35 Lakhs) and the matter is subjudice before Hon'ble High Court. / The matter is subjudice and next date of hearing is 14.07.2010. In the meantime, ask the unit to clarify whether the hotel is a part of the shopping mall / multiplex in case it is so the unit be asked to get its consent application, project report and adequacy report amended by incorporating the details of the hotel. / Matter sub-judice before Hon’ble High Court. / A detailed letter be sent to the unit to clarify about the activity of the existing complex and reason for not disclosing the hotel activity in the environmental clearance and consent to establish application.
3 / 13810 / 29.04.2005 / SELECT CITYWALK (SHOPPLING MALL) / PLOT A-3&P1B, DISTRICT CENTRE, SAKET / South / Multiplex, Shopping Mall & Office Towers / BUA : 44623 Sq mt
EC : issued on 14.02.07
Water Consumption : 697 Kld (as per CTE)
Waste Water generation : 300 KLd
(a) Domestic effluent: 300 Kld
(b) Trade effluent: Nil
Total Project Cost :
Date of Commissioning: Operational / 23.04.2009
Ask the unit to file the architectural drawing, Adequacy Report of ETP, to install solar water heating and to apply for for authorization under HWM Rules. Also, ask the unit to comply the conditions at Sl. No (ii) & (vii) in construction phase and Sl. No (iii), (iv), (vii) to (xi), (xiii) & (xiv) in operational phase, stipulated in Environmental Clearance.Call on 03.06.2009.
In view of the above deficiencies, our advcoate may be advised to pursue this case with alertness because the proseuction proceedings should never be quashed.
03.06.2009
Issue final reminder for full compliance. Call on 22.07.2009
06.01.10
Inspection be conducted by SIT to know the present status. / Environmental Damages: NIL
Bank Guarantee : NIL / ESTABLISH / M/s Select Inrastructure Pvt. Ltd. has not applied for any consent for a separate identity of the hotel. It has applied for consent to establish for shopping mall cum commercial complex. DPCC has filed the prosecution against the project proponent under the provisions of environmental laws and matter is subjudice. A writ has also been filed by the applicant in the Hon'ble HIgh Court against the filing of prosecution. Hon'ble High Court has granted relief to the extent of personal appearance of accused. / The matter is subjudice. In the meantime, ask the unit to clarify whether the hotel is a part of the shopping mall / multiplex in case it is so the unit be asked to get its consent application, project report and adequacy report amended by incorporating the details of the hotel. / Matter sub-judice before Hon’ble High Court and Metropolitan Magistrate. / A detailed letter be sent to the unit to clarify about the activity of the existing complex and reason for not disclosing the hotel activity in the environmental clearance and consent to establish application.
4 / 23626 / 25.09.2007 / DLF RETAIL DEVELOPERS LTD / DLF SOUTH COURT, PLOT NO A1 & P2B, SAKET PLACE / South / Shopping Complex / BUA : 53721 sq mt
EC : issued on 15.01.07
Water Consumption : 600 KLd as per EC Waste Water generation : 200 Kld
(a) Domestic effluent: 188 Kld
(b) Trade effluent: 9 Kld
Total Project Cost : 245.35 Crores
Date of Commissioning: Jan 2008 / 11.05.2009
SIT-I & SIT-II to inspect jointly and report before 18.05.2009. Also DPCC lab will take the samples as per procedure along with SIT inspection and the sample may be sent to CPCB and DPCC lab for analysis. Call on 22.05.2009
15.06.2009
Sh. B. Kumar, SEE to examine the file and put up. Call on 12.08.2009
21.01.10
Inspection be conducted to know the present status. / Environmental Damages: NIL
Bank Guarantee : NIL / ESTABLISH / M/s DLF Retail Developers Ltd. has not applied for any consent for a separate identity of the hotel. It has applied for consent to establish for shopping complex. A writ has been filed by the applicant before the Hon'ble HIgh Court against the applicability of the Air Act and Water Act to the construction activity and the matter is subjudice before Hon'ble High Court. / The matter is subjudice and next date of hearing is 14.07.2010. In the meantime, ask the unit to clarify whether the hotel is a part of the shopping mall / multiplex in case it is so the unit be asked to get its consent application, project report and adequacy report amended by incorporating the details of the hotel. / Matter sub-judice before Hon’ble High Court. / A detailed letter be sent to the unit to clarify about the activity of the existing complex and reason for not disclosing the hotel activity in the environmental clearance and consent to establish application.
5 / 20906 / 22.03.2007 / M/s Tridev Techno Building (P) Ltd. (Now M/s Today Hotels(P) Ltd.), Statesman House, Barakhamba Road, New Delhi / Plot no.1, Community centre, Okhla, Ph-I / South / Hotel Complex / BUA : 34382 Sq mt.