er CHE GOVERNMENT OF INDIA write, a7 Ug orang aftada taree MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE ss oar ota arate, 2h /Nortiern Regional Office, Chandigarh Ohare \ F.No: 4-8892010-RO NOS34. 394 Dated: OF 11.2019 To Rr: Subrata Bose, Scientst-, 1A ~ II Division (Infrastructure), try of Environment, Forest & Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi— 110 003. (Email: subrata.bose@nic.in) O.A. No. 238 of 2015 in the matter of Anil Uppal Vs. Union of India, pending before Hon'ble NGT, Principle Bench at New Delhi — Submission of report on ‘Quantification of environmental compensation in terms of the loss of environmental benefits/ services reg. Ref. EC no, SEIAA/HR/2010/704 dated 01.09.2010 ii, MoEF&CC vide letter dated 24.09.2019, Sir, With reference to the cited subject and letter under reference, this office has convened a meeting on 22.10.2019 at Northern Regional Office, Ministry of Environment, Forest & Climate Change, Chandigarh on ‘Quantification of environmental compensation in terms of the loss of environmental benefits/ services in the matter of O.A. No- 238/2015 in the matter of Anil Uppal Vs. Union of India." As per decision taken in the meeting a report on quantification of environmental compensation has been prepared jointly by the representatives of the MoEF&CC, CPCB & Haryana SPCB. The total value of environmental compensation has been assessed and caleulated by using formula given in the “Report of the CPCB In-house Committee on Methodology for Assessing Environmental Compensation and Action Plan to utilize the fund” as given below and submitted for your necessary action: ® Environmental Compensation = 50 x 609 x 100 x 1.5 x 15 = 268,51,250 (Rupees Sixty Eight Laks Fifty One Thousand Two Hundred and Fifly Only), Enclosed: A/A Yours ied NA (Dr. K. K. Garg) Scientist-c Copy to: 1. The Shri Arvind Nautiyal, (Infrastructure), Ministry of Secretary (Infrastructure), IA ~ II Division nvironment, Forest & Climate Change, Indira 35 4.2425, tree 310, WE 160030/ Days No, 24-25, Sector 31 A, Chandigarh-160030 ‘RemW/Te No: 0172-26589 Fax No: 0172-2638135 Ema: chdmoelenw(@ertal one ronzchd-metniein SR, Beaty ADC KS) “7Paryavaran Bhawan, Jor Bagh Road, New Dethi— 110 003. for information, (Email: arvind.nautiyal@gov.in) 2. The Member Secretary, Haryana Pollution Control Board, C-11, Sector-6, Panchkula, Haryana-134109 for information. (Email: hspcbms@gmail.com). 3. The Member Secretary, Central Pollution Control Board, Parivesh Bhawan, CBD- cum office complex, East Arjun Nagar, New Delhi -110 032 for information, (Email: mseb.epeb@nie.in) ‘Aura. 24-25, teee-3.11,, FEIT 160030 / Bays No, 24-25, Sector-31 A, Chandigarh-160030 ‘FORTH /Lel No: 01722638004 Fax No: 0172-2638135 Email: chdmoefenvémall com; onz.chcmef@nicinReport on 'Quantification of environmental compensation in terms of the loss of environmental benefits/ services in the matter of O.A. No. 238/2015 in the matter of Anil Uppal Vs. Union of India’. On the basis of deliberations during the meeting convened on 22.10.2019 at Northern Regional Office, Minis of Environment, Forest & Climate Change, Chandigarh on above subjed mater » “Repor ok quantiicnlon ofetvienndatal.eotipenation had Kea? “directions received from MoEF&CC, New Delhi. Minutes of the meeting is attached as Annexure-1. Clause by clause issues relating to non-compliances noticed by representatives of MoEF&CC and Haryana SPCB during their joint monitoring visit to the project site on 02.07.2019, were discussed to identify the extent of non-compliance. After detailed deliberations and taking inputs from all representatives following decisions were taken:- Specific Cond. No. Condition as per EC Field Observations Decision The solid waste generated should be properly collected and segregated. Bio- degradable waste will be decomposed at site and Drylinert solid waste should be disposed off to approve sites for land filling after recovering recyclable material. No solid” waste segregation facility was observed by MoEF&CC representative at project site during the visit. However, PP vide letter dated 22.07.2019 has submitted the photographs of dual bins provided at the project site for segregation of solid waste. It was observed that PP has installed bio-degradable waste composting machine at the basement of the project. PP has submitted the copy of agreement — with ‘Sharma Enterprises’ dated 1.09.2016 for collection of dry solid waste and valid up to 31.08.2021. Tt was concluded that the project was having a biodegradable waste composting machine at the basement but the bins were only provided adjacent to it instead of at every floor. Considering the commercial nature of the project and limited quantity of solid waste generation (other than bio-degradable type waste) and agreement submitted by ‘the PP for collection and disposal solid waste by third party, it was decided that this condition doesn’t warrant any —_ environmental compensation as such. vit The project proponent should maintain at feast 20% as green cover area for tree plantation especially all round the periphery of the project and on the road sides During the visit of MoBF & CC representative, it wis observed ‘that plantation to achieve proper sreen belt as per the norms of CPCB was not there however, if only number of trees are to be considered imespective of we \ Aepreferably with local species so as to provide protection against particulates and noise. The open spaces inside the plot should be preferably landscaped and covered — with vegetation/grass. Placement of trees, the PP has submitted that This. project having land area 23500 m* and they have provided 128 trees which theoretically covers 20% area of land on the basis of MoEF & CC notification dated 09.12.2016 which requires 1 tree per 80 m* of area. Approx 128 trees were observed during the visit. PP has also provided the drawing of tree plantation. Accordingly this condition was considered for the purpose of Environmental _ compensation calculation, Weep holes in the compound front walls shall be provided to ensure natural drainage of rainwater in the catchient area “during ‘the monsoon period. vu No weep holes have been observed in the compound front wall during the visit. ‘The condition has been taken as non- complied and considered for the purpose —of-—_Environmental compensation calculation. ‘conservation measures like installation of CFLS/TFLs for lighting the areas outside the Energy XII PP has provided CFLs/TFLs for fighting the areas outside the building. PP has not provided the information for disposal of used CFLs/TFLs. Tt has been noted on the date of inspection, that the solar panels were not installed making the condition non-compliant and hasbeen considered forthe purpose of wr NS weybuilding should be integral part of the project design and should be in place before Project, commissioning. Used CFLS/TFLs should be properly collected and disposed offfsent for recycling as per the prevailing guidelines rules of the regulatory authority to avoid mercury contamination. Use of solar panels must be adopted to the maximum extent possible for energy conservation, No solar panels have been observed at project site by MoEF&CC _ representative. Same has been informed by the PP during the site vis However, after the site visit vide its letter dated 22.07.2019 PP has submitted photographs of solar panels installed on roof top. Environmental calculation, ‘compensation | The traffic plan and the parking plan proposed by the PP should be adhered to meticulously with further scope of additional parking for future requirement. ‘There should be no traffic congestion near the entry and exit points from the roads adjoining the proposed project site. Parking should be fully internalized and no public space should be used. XVI PP has provided 03 basements + stilt for parking instead of 4 basement +stilt as per EC. PP thas submitted that they have parking space for 855 ECS at basements, stilt and open parking space. The absence of one basement has been noted as a violation of building bye laws which resulted into shortage of parking spaces as envisaged in the Environmental Clearance dated 01.09.2010, wherein, PP was supposed to provide ECS facility for 1276 vehicles. But ECS for only 855 vehicles are created leaving a gap of 433 vehicles. Accordingly, the condition has been considered for the purpose of Environmental compensation calcul After identifying non-compliances of conditions of Environment Clearances dated 01.09.2010, the assessment of environmental compensation has been calculated as below: a, ‘Quantification of Environmental Compensation has been done on the basis of Joint Monitoring Report submitted by NRO Chandigarh & Haryana State Pollution Control Board (Haryana SPCB) and no farther site visit is required. b, Environmental Compensation has been calculated on the basis of “Report of the CPCB In-house Committee on Methodology for Assessing Environmental Compensation and Action Plan to utilize the fund” as specified under item (b) of para 1.3 “Not complying with the directions issued, ye Ve Nw ae 3such as direction for closure due to non-installation of OCEMS, non-adherence to the action, plans submited etc” under Section 1.3 (Methodology for Assessing Environmental Compensation Environmental Compensation has been assessed by using the following formula given under Section 1.3.1 ofthe CPCB Report, i, EC (Environmental Compensation) = PI (Pollution Index for Industrial Sector) x N (Number of days of violation took place) x R (Factor in Rupees for Environmental Compensation) * § (Factor for Scale of operation) x LF (Location factor) Where, PI (Pollution Index): Tt has been decided that for orange category project (Building and Construction) has been taken as 50; N (Number of days violation took place): It has been decided that the date of violation be considered from the date of issue of Consent to Operate (CTO), which was 31.08.2017. Therefore, N = 609 (time elapsed between 31.08.2017 & 02.07.2019 the date of monitoring); R (Factor in Rupees for Environmental Compensation): It has been decided that the value of ‘R” be fixed on the basis of percentage violation observed with respect to non-compliance of conditions of Environmental Clearance. In the Present case, 04 (four) non-compliance were identified in the meeting out of total 22 conditions. Accordingly, percentage of violation was calculated (4-22) x 100 (8.18%. On the basis of percentage violation, the value of R was calculated 500x18.18% = 90.90. However, as per CPCB Report, minimum value of R is 100, therefore, minimum value of R100 has been considered for calculation of environmental compensation; § Gactor of seale of operation): The value of ‘8° depends on the project cost, which is 1.5 for large Scale projects having cost greater than 10 Crores. In the present ease, cost of the project is 108 erores, which is greater than 10 crores. Therefore, value of ‘S’ has been taken as 1.5 for calculation of environmental compensation; LF (Location factor): The population (201 1) of Gurugram was 8,76,969. Therefore, value of LF in present case has been taken as 1.5 for calculation of environmental compensation; © On the basis of above considerations, the total value of Environmental Compensation has been assessed'as: Environmental Compensation = 50 x 609 x 100 x 1.5 x LS = %68,51,250 (Rupees Sixty Eight Lakhs Fifly One Thousend Two Hundred and Fifty Only), HA 4 NAW yor Ye \v Dr. K. K. Garg Shri Vishal Gandhi Shri Vijay Chaudary (Scientist ‘C’, NRO MoEF&CC, Chandigarh) (Scientist ‘D’, CPCB) (AEE, HSPCB) 4Annexure. Minutes of the meeting convened on 22.10.2019 at Northern Regional Office, Ministry of Environment, Forest & Climate Change, Chandigarh on ‘Quantification of environmental compensation in terms of the loss of environmental benefits/ services in the matter of O.A. No. 238/2015 in the matter of Anil Uppal Vs, Union of India." In compliance to the directions received from Ministry, New Delhi on the subject cited above, a ‘meeting was convened under the Chairmanship of Dy. Director General of Forests (C) & HOD, Northem Regional Office, Chandigarh on 22.10.2019 at 12:30 PM to discuss the issues related with ‘Quantification of environmental compensation in terms of the loss of environmental benefits/ services in the matter of O.A. No. 238/2015 in the matter of Anil Uppal Vs. Union of India.’ The esting was attended by the representatives of Central Pollution Control Board (CPCB) and Haryana State Pollution Control Board (HSPCB). List of participants is annexed at Annexure-A. During the meeting, Dr. K.K. Garg, ScC' appraised the members about the issues involved in the matter flowing out of directions of Hon'ble NGT vide its order dated 09.01.2018 & 29.04.2019 regarding the need to quantify compensation for environmental benefits/scrvice, if any, for non-compliance of the environmental conditions by M/s Ambience Developers Pvt. Ltd, Clause by clause issues relating to non-compliances noticed by representatives of MoEF&CC and Haryana SPCB during their joint monitoring visit to the project site on 02.07.2019 were discussed to ‘dentfy the extent of non-compliance. After detailed deliberations and taking inputs fom all experts present in the meeting the following decisions were taken in the meeting:- | Specific degradable waste will be decomposed at site and Dry/inert solid should off waste disposed be to approve sites for land filling after recovering recyclable material, However, PP vide letter dated 22.07.2019 has submitted the photographs of dual bins provided at the project site for segregation of solid waste. It was observed that PP has installed bio-degradable waste composting machine at the basement of the project. PP has Condition as per | Field Observations Decision taken in the meeting Cond. | EC No. ‘The solid waste | No solid waste segregation | During discussions it was concluded Generated should be | facility was observed by | that the project was having a Properly collected and | MoBF&CC representative at | biodegradable waste composting IV | segregated. Bio- | project site during the visit. | machine at the basoment but the bins were only provided adjacent to it instead of at every floor. Considering the commercial nature of the project, and limited quantity of solid waste generation (other degradable type waste) and agreement submitted by the PP for collection and disposal solid waste by third party, it was decided that submitted the copy of | this condition doesn’t warrant any agreement with ‘Sharma | environmental compensation as. d Enterprises’ dated 1.09.2016 for | such, collection of dry solid waste and valid up to 31.08.2021 The project proponent should maintain at During the visit of MoEF & CC representative, it was observed ‘After discussions it was decided that the plantation calculations claimed by the PP is inadequate and as perAnnexure-1 ensure natural drainage of rainwater in the catchment area during the monsoon period. least 20% as green | that plantation to achieve proper | the MoEF&CC Notification dated Vi | cover area for tree | greon belt as per the norms of | 09/12/2016 and the condition stated plantation especially | CPCB was not there however, if — the ee ee eee sand hep | oy mabe ow we te | mg 3 of the project and on | considered respective of | suainst which only 128 trees, have the road sides | placement of trees, the PP has | been reported by PP so far. Detailed preferably with local | submitted that This project is | calculation is given below: species so as to | having land area 23500 m? and provide protection | they have provided 128 trees | Total plot = 23500 m? against particulates | which theoretically covers 20% and noise. The open area of land on the basis of|* As per MoBF&CC. spaces inside the plot | MoEF & CC notification dated notification dated 09.12.2016 should be preferably | 09.12.2016 which requires 1 trees required to be planted = landscaped and | tree per 80 m? of area. Approx |__| tree/80 m” area. covered with | 128 trees were observed during vegetation/grass, the visit. PP has also provided | ® Total no. of trees to be planted the drawing of tree plantation. = 23500/80 = 293.75 or say 294. © Total no. of trees planted as claimed by PP = 128 © Shortage of trees as per notification = 294 - 128 = 166 * As per EC condition PP is required to develop greenbelt in 20% area of the entire project. © Percentage of greenbelt area not developed by PP (out of 20%) = (166+294) x 20 =11% Accordingly this con mwas considered for the purpose of Environmental ‘compensati calculation, Weep holes in the|No weep holes have been | The condition has been taken as non- compound front walls | observed in the compound front | complied and considered for the Vint | shall be provided to | wall during the visit. purpose of -—_Environmental compensation calculation,Annexure-1. Energy conservation PP has provided CFLs/TFLs for It has been noted on the date of ‘measures like | lighting the areas outside the | inspection, that the solar panels were installation of | building. PP has not provided | not installed making the condition XM | CFLS/TFLs for | the information for disposal of | non-compliant and hasbeen lighting the areas | used CFLs/TFLs. considered for the purpose of outside the building | No solar panels have been | Environmental compensation should be integral part | observed at project site by | calculation, Of the project design | MoEF&CC representative. and should be in place | Same has been informed by the before project | PP during the site visit commissioning, Used | However, after the site visit CFLS/TELs should be | vide its letter dated 22.072019 properly collected and | PP has submitted photographs disposed off/sent for | of solar panels installed on roof reoyeling as per the | top. prevailing guidelines rules of the regulatory authority to avoid mercury contamination. Use of solar panels must be adopted tothe maximum extent possible for energy conservation, ‘The traffic plan and | PP has provided 03 basemenis + | The absence of one basement has the Parking plan | stilt for parking instead of 4 | been noted as a violation of building XVH_ | proposed by the PP} basement ‘stilt as per EC. PP| bye laws which resulted into should be adhered to meticulously with further scope of, additional parking for future requirement, There should be no traffic congestion near the ently and exit points from the roads adjoining the proposed project site, Parking should be fully internalized and no Public space should be used. has submitted that they have parking space for 855 ECS at basements, stilt and open parking space. shortage of parking spaces as envisaged in the Environmental Clearance dated 01.09.2010, wherein, PP was supposed to provide ECS facility for 1276 vehicles. But ECS for only 855 vehicles are created leaving a gap of 433 vehicles, Accordingly, the condition has been considered for the purpose of, Environmental compensation calculation,Annexure-1 After identifying non-compliances of conditions of Environment Clearances dated 10.09.2010, the assessment of environmental compensation has been calculated as below: a. ‘Quantification of Environmental Compensation to be done on the basis of Joint Monitoring Report submitted by NRO Chandigarh & Haryana State Pollution Control Board (Haryana SPCB) and no further site visit is required, b. Environmental Compensation to be calculated on the basis of “Report of the CPCB In-house Committee on Methodology for Assessing Environmental Compensation and Action Plan to utilize the fund” as specified under item (b) of para 1.3 “Not complying with the directions issued, such as direction for closure due to non-installation of OCEMS, non-adherence to the action plans submitted ete” under Section 1,3 (Methodology for Assessing Environmental Compensation. Environmental Compensation to be assessed by using the following formula given under Section 13.1 of the CPCB Report, EC (Environmental Compensation) = PI (Pollution Index for Industrial Sector) * N ‘(Number of days of violation took place)*R (Factor in Rupees for Environmental Compensation) x S (Factor for Seale of operation) x L¥ (Location factor) where, PI (Pollution Index): It has been decided that for orange category project (Building and Construction) has been taken as 50; N (Number of days violation took place): It has been decided that the date of violation be considered from the date of issue of Consent to Operate (CTO), which was 31.08.2017. Therefore, N = 609 (time elapsed between 31.08.2017 & 02.07.2019 the date of monitoring); R (Factor in Rupees for Environmental Compensation): It has been decided that the value of ‘R” be fixed on the basis of percentage violation observed with respect to non-compliance of conditions of Environmental Clearance. In the present case, 04 (four) non-compliance were identified in the meeting out of total 22 conditions. Accordingly, percentage of violation was calculated (4-22) x 100 8.18%. On the basis of percentage violation, the value of R was calculated 500x18.18% = 90.90. However, as per CPCB Report, minimum value of R is 100, therefore, minimum value of R=100 has, been considered for calculation of environmental compensation; 'S Factor of scale of operation): The value of ‘S’ depends on the project cost, which is 1.5 for large scale projects having cost greater than 10 Crores. In the present case, cost ofthe project is 108 crores, which is greater than 10 crores. Therefore, value of ‘S’ has been taken as 1.5 for calculation of environmental compensation; LF (Location factor): The population (2011) of Gurugram was 8,76,969, Therefore, value of LF in present case has been taken as 1.5 for calculation of environmental compensation;‘Annexure-1 © On the basis of above considerations, the total value of Environmental Compensation has been assessed as: Environmental Compensation = 50 x 609 x 100 x 1.5 x 1.5 = %68,51,250 (Rupees Sixty Eight Lakhs Fifty One Thousand Two Hundred and Fifty Only) 4 On the basis of above deliberations, it was decided that a “Report on quantification of environmental compensation be prepared jointly by the representatives of the MoEF&CC, CPCB & Haryana SPCB and be submitted to the Ministry, ‘The meeting ended with the vote of thanks to the chair,~~ Anenyre-A Attendance Sheet Meeting held on 22.10.2019 regarding OA NO. 238/2015 at NRO MoEF&CC, Chandigarh S.No. Name Designation/organization Mobile no. & Email address Signature MerRyeHavauHAy, AEE. HERE, Guat MN) 9810 geo] Nida Goud oy, CPR HO Tasva SEES | CD Sica | KB bho fo, Ch 496 9g04573 DIGE CO), NRO, Herbiteey Bor Loyery— SD Magrert Diatiy eo Chat Wie 2136 Ov. Vira if SoD! NRO Chomddaorn Aubulezy od oe ke tes gare SCC! IRS Crand%oarn 88439930 MD: Puro Set PRO Crigrin | SO] 20D [APB] oro | 4 Ln sSct4 $90 } eee