F. No. 23-38/2018-IA-III
Government of India
Ministry of Environment, Forest and Climate Change
(Impact Assessment Division)
Indira ParyavaranBhawan
Jor Bagh Road, New Delhi - 3
Date:
April, 2018
To,
Shri Dhiraj Malik, VP,
M/s Spaze Tower Pvt. Ltd.,
Spazedge Commercial Complex, Sector — 47,
Gurgaon Sohna Road,
Gurgaon - 122002, Haryana.
(Phone no.: 0124 4615999, Email.: dhiraj.malik@spaze.in)
Subject: Commercial Complex 'Spaze Arrow' at Village Naurangpur, Sector-78,
Gurgaon, Haryana by M/s Spaze Tower Pvt. Ltd. - Terms of Reference - reg.
Sir,
This refers to your online proposal No. IA/HR/NCP/64583/2017 (withdrawn later and reapplied vide application no. IA/HR/NCP/72996/2018 dated 15th February 2018) along with the
details in prescribed Form-1 for consideration in terms of the provisions of this Ministry's
Notification S.0.804 (E) dated 14th March, 2017 and for prescribing terms of reference
(ToRs) accordingly.
2.
The project involves construction of commercial complex `Spaze Arrow' by M/s
Spaze Tower Pvt. Ltd with total built-up area of 29,523.05 sqm on a total plot area of
13111.559 sqm at village-Naurangpur, Sector 78, Gurgaon (Haryana). The project site is
permitted for commercial use as per approved Master Plan of the area. Building Permission
for built-up area of 13111.559 sqm (3.2 acre) was obtained from the Directorate of Town &
Country Planning, Haryana vide letter dated 28/ 2/2013 followed by commercial use license
granted by DTCP, Haryana. The said project is covered under category B, of item 8(a) of
Schedule to the EIA Notification, 2006 and requires EC from the SEIAA in Haryana based
on the appraisal by SEAC.
3.
The chronology of events for seeking EC, deliberations by the respective authorities
and the actions taken are reported to be as under:Application for EC was submitted to
SEAC/SEIAA in Haryana.
Proposal No. IA/HR/NCP/72996/2018
1/7/2013
Appraisal by SEAC in its meetings
Initial appraisal was done in 91st
meeting on 18.09.2013 98th appraisal
meeting on 8/1/2014 (not appraised),
102nd appraisal meeting on 16/4/2014,
site visit directed by SEAC
Final observations/recommendations of Based on the findings of SEAC during
site visit on 29/5/2014, SEIAA was
the SEAC to the SEIAA/State
informed about the start of construction
Government
without EC and to take action
accordingly.
Action taken by the state
Government/SEIAA
SEIAA issued show cause notice vide
memo No. SEIAA/HR/2014/1438 dated
7/11/2014.
HSPCB vide letter dated 4/1/2017 has
issued directions under the Air Act and
the Water Act, to close down operation
of the project by sealing the plant and
machinery along with DG set, if any, with
immediate effect.
The construction was reported to be started in March, 2013 and structure work was
completed by October, 2014 without obtaining prior EC. Now the proposal has been
submitted to the Ministry for consideration in pursuance of the Ministry's Notification dated
14th March 2017 due to violation of EIA Notification, 2006.
The Ministry has issued a Notification vide S.O. 804 (E) dated 14th March, 2017 for
4.
appraisal of projects for grant of Terms of Reference / Environmental Clearance, which have
started the work on site, expanded the production beyond the limit of environmental
clearance, or changed the product mix without obtaining prior environmental clearance
under the Environment Impact Assessment Notification, 2006.
The proposal was considered by the Expert Appraisal Committee, constituted in the
5.
Ministry for appraisal of the proposals for ToR/EC in pursuance of the Ministry's Notification
dated 14th March, 2017, in its meeting held on 19 - 21 February, 2018. The EAC, after
deliberations on the proposal in terms of the provisions of the Notification dated 14th March,
2017, confirmed the case to be of violation of the EIA Notification, 2006 and recommended
for the following:
(i)
The State Government/SPCB to take action against the project proponent under the
provisions of the Environment (Protection) Act, 1986, and further no consent to
operate or occupancy certificate to be issued till the project is granted EC.
Proposal No. IA/HR/NCP/72996/2018
(ii)
Grant of Terms of Reference for undertaking EIA and preparation of Environment
Management Plan (EMP) as enumerated in Annexure - I. Public hearing is exempted
under sub-clause (i)(d) of Stage III of paragraph 7(i) of EIA Notification 2006 as per
MoEF&CC's O.M. dated 16.03.2018.
(iii)
The project proponent shall be required to submit a bank guarantee equivalent to the
amount of remediation plan and natural and community resource augmentation plan
with the SPCB prior to the grant of EC. The quantum shall be recommended by the
EAC and finalized by the regulatory authority. The bank guarantee shall be released
after successful implementation of the EMP, followed by recommendations of the
EAC and approval of the regulatory authority.
6.
Based on recommendations of the EAC, the Ministry of Environment, Forest and
Climate Change, in pursuance of the provisions of its Notification dated 14th March, 2017,
hereby accords approval to the Terms of Reference for Commercial Complex 'Spaze Arrow'
at Village Naurangpur, Sector-78, Gurgaon, Haryana by M/s Spaze Tower Pvt. Ltd. for
undertaking Environment Impact Assessment (EIA) and preparation of Environment
Management Plan (EMP) as enumerated in Annexure - I. Public hearing is exempted under
sub-clause (i)(d) of Stage III of paragraph 7(i) of EIA Notification 2006 as per MoEF&CC's
O.M. dated 16.03.2018.
7.
The ToRs are valid for a period of three years, which can be extended for a
maximum period of one year provided an application in this regard is submitted by the
project proponent, well before expiry of the validity period.
8.
Further, based on recommendations of the EAC and the statutory provisions, the
Ministry has also approved the following:(i)
The State Government/SPCB to take action against the project proponent under the
provisions of the Environment (Protection) Act, 1986, and further no consent to
operate or occupancy certificate to be issued till the project is granted EC.
(ii)
The project proponent shall be required to submit a bank guarantee equivalent to the
amount of remediation plan and natural and community resource augmentation plan
with the SPCB prior to the grant of EC. The quantum shall be recommended by the
EAC and finalized by the regulatory authority. The bank guarantee shall be released
after successful implementation of the EMP, and after the recommendations of the
concerned Regional Office of the Ministry, the EAC and approval of the regulatory
authority.
9.
This issues with approval of the competent authority.
(Kushal Vashist)
Director
Proposal No. IA/HR/NCP/72996/2018
Page 3 of 5
Copy to:
1.
The Secretary, Department of Environment, Government of Haryana, SCO 1-2-3,
Sector 17-D
2.
(2nd
Floor), Chandigarh.
The Member Secretary, Haryana State Pollution Control Board, C-11. Sector — 6,
Panchkula, Haryana - 134109.
(Kushal Vashist)
Director
Page 4 of 5
Proposal No. IA/HR/NCP/72996/ 2018
Annexure - I
Terms of Reference for EIA and preparation of Environment Management Plan (EMP1
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Project description, its importance and the benefits,
Project site details (location, toposheet of the study area of 10 km, coordinates,
google map, layout map, land use, geological features and geo-hydrological status of
the study area, drainage),
Land use as per the approved Master Plan of the area, Permission/approvals
required from the land owning agencies, Development Authorities, Local Body, Water
Supply & Sewerage Board, etc,
Land acquisition status, R&R details,
Forest and Wildlife and eco-sensitive zones, if any in the study area of 10 km Clearances required under the Forest (Conservation) Act, 1980, the Wildlife
(Protection) Act, 1972 and/or the Environment (Protection) Act, 1986,
Baseline environmental study for ambient air (PM10, PN25, 502, NOx & CO), water
(both surface and ground), noise and soil for one month (except monsoon period) as
per MoEF&CC/CPCB guidelines at minimum 5 locations in the study area of 10 km,
Details on flora and fauna and socio-economic aspects in the study area
Likely impact of the project on the environmental parameters (ambient air, surface
and ground water, land, flora and fauna and socio-economic, etc),
Source of water for different identified purposes with the permissions required from
the concerned authorities, both for surface water and the ground water (by CGWA)
as the case may be, Rain water harvesting, etc,
Waste water management (treatment, reuse and disposal) for the project and also
the study area,
Management of solid waste and the construction & demolition waste for the project
vis-a-vis the Solid Waste Management Rules, 2016 and the Construction &
Demolition Rules, 2016,
Energy efficient measures (LED lights, solar power, etc) during construction as well
as during operational phase of the project,
Assessment of ecological damage with respect to air, water, land and other
environmental attributes. The collection and analysis of data shall be done by an
environmental laboratory duly notified under the Environment (Protection) Act, 1986,
or an environmental laboratory accredited by NABL, or a laboratory of a Council of
Scientific and Industrial Research (CSIR) institution working in the field of
environment.
Preparation of EMP comprising remediation plan and natural and community
resource augmentation plan corresponding to the ecological damage assessed and
economic benefits derived due to violation.
The remediation plan and the natural and community resource augmentation plan to
be prepared as an independent chapter in the EIA report by the accredited
consultants.
Proposal No. IA/HR/NCP/72996/2018
Page 5 of 5
F. No. 23-38/2018-IA-III
Government of India
Ministry of Environment, Forest & Climate Change
(Impact Assessment Division)
Indira ParyavaranBhavan,
Jor Bagh Road, New Delhi - 3.
Date:
April, 2018
To,
The Secretary,
Department of Environment,
Government of Haryana,
SCO 1-2-3, Sector 17-D (2nd Floor),
Chandigarh.
Subject: Commercial Complex 'Spaze Arrow' at Village Naurangpur, Sector-78,
Gurgaon, Haryana by M/s Spaze Tower Pvt. Ltd. - Terms of Reference - reg.
Sir,
This has reference to the online proposal No. IA/HR/NCP/64583/2017 (withdrawn
later and re-applied vide application no. IA/HR/NCP/72996/2018 dated 15th February 2018)
from M/s Spaze Towers Pvt. Ltd., along with the application in prescribed format (Form-I),
for consideration under the provisions of S.O. 804 (E) dated 14th March, 2017 for Terms of
Reference (ToR)/Environmental Clearance (EC) to the Commercial Complex 'Spaze Arrow'
at Village Naurangpur, Sector-78, Gurgaon, Haryana.
2.
The project involves construction of commercial complex `Spaze Arrow' by M/s
Spaze Tower Pvt. Ltd with total built-up area of 29,523.05 sqm on a total plot area of
13111.559 sqm at village-Naurangpur, Sector 78, Gurgaon (Haryana). The project site is
permitted for commercial use as per approved Master Plan of the area. Building Permission
for built-up area of 13111.559 sqm (3.2 acre) was obtained from the Directorate of Town &
Country Planning, Haryana vide letter dated 28/ 2/2013 followed by commercial use license
granted by DTCP, Haryana. The said project is covered under category B, of item 8(a) of
Schedule to the EIA Notification, 2006 and requires EC from the SEIAA in Haryana based
on the appraisal by SEAC.
3.
The chronology of events for seeking EC, deliberations by the respective authorities
and the actions taken are reported to be as under:Application for EC was submitted to
Proposal No. IA/HR/NCP/72996/2018
1/7/2013
SEAC/SEIAA in Haryana.
Appraisal by SEAC in its meetings
Initial appraisal was done in 91st
meeting on 18.09.2013 98th appraisal
meeting on 8/1/2014 (not appraised),
102nd appraisal meeting on 16/4/2014,
site visit directed by SEAC
Final observations/recommendations of Based on the findings of SEAC during
site visit on 29/5/2014, SEIAA was
the SEAC to the SEIAA/State
informed about the start of construction
Government
without EC and to take action
accordingly.
Action taken by the state
Government/SEIAA
SEIAA issued show cause notice vide
memo No. SEIAA/HR/2014/1438 dated
7/11/2014.
HSPCB vide letter dated 4/1/2017 has
issued directions under the Air Act and
the Water Act, to close down operation
of the project by sealing the plant and
machinery along with DG set, if any, with
immediate effect.
The construction was reported to be started in March, 2013 and structure worK was
completed by October, 2014 without obtaining prior EC. Now the proposal has been
submitted to the Ministry for consideration in pursuance of the Ministry's Notification dated
14th March 2017 due to violation of EIA Notification, 2006.
The Ministry has issued a Notification vide S.O. 804 (E) dated 14th March, 2017 for
4.
appraisal of projects for grant of Terms of Reference / Environmental Clearance, which have
started the work on site, expanded the production beyond the limit of environmental
clearance, or changed the product mix without obtaining prior environmental clearance
under the Environment Impact Assessment Notification, 2006.
As per the above said notification, in cases of violation, action is to be taken against
5.
the project proponent by the respective State Government or the State Pollution Control
Board under the provisions of the Environment (Protection) Act, 1986 and further, no
consent to operate or occupancy certificate will be issued till the project is granted the
environmental clearance.
The proposal was considered by the Expert Appraisal Committee constituted in the
6.
Ministry for appraisal of the proposals for ToR/EC in pursuance of the Ministry's Notification
Proposal No. INHR/NCP/72996/2018
Page
dated 14th March, 2017, in its meeting held on 19 - 21 February, 2018. Minutes of the said
meeting is enclosed.
7.
In view of the above, it is requested to take action against the project proponent
under the provisions of the Environment (Protection) Act, 1986 for violation of the EIA
Notification, 2006.
8.
This issues with approval of the Competent Authority.
(Kushal Vashist)
Director
Encls: As stated
Copy to:
1. The Member Secretary, Haryana State Pollution Control Board, C - 11. Sector - 6,
Panchkula, Haryana - 134109.
2. Shri Dhiraj Malik, VP, M/s Spaze Tower Pvt. Ltd., Spazedge Commercial Complex,
Sector — 47, Gurgaon Sohna Road, Gurgaon - 122002, Haryana. (Phone no.: 0124
4615999, Email.: dhiraj.malik@spaze.in)
(Kushal Vashist)
Director
Proposal No. IA/HR/NCP/72996/2018
Page 3 of 3
Minutes of 4th meeting of Expert Appraisal Committee for the proposal involving violation
of EIA Notification, 2006 held on 19-21 February, 2018 at Ministry of Environment, Forest
and Climate Change, Indira Paryavaran Bhawan, New Delhi
Day 1: Monday, 19th February, 2018
Time: 10:30 AM
4.1. Opening remarks of the Chairman
4.2. Confirmation of the minutes of the 3rd meeting held on 30-31 January, 2018 at Indira
Paryavaran Bhawan, Jor Bagh Road, New Delhi
The EAC, having taken note that no comments were offered on the minutes of its 3rd
meeting held on 30-31 January, 2018 at New Delhi, confirmed the same.
4.3. Consideration of proposals
S. No.
4.3.1
Proposals
Modification and Expansion of Group HoOsing Project 'Atharva' at Sec-109, Village
Pawala Khurupur, Gurugram (Haryana) by M/s Raheja Developers Ltd
[IA/HR/NCP/64537/2017] [F. No. 23-30/20118-IA.Ill]
4.3.1.1
The project involves expansion and modifipation of the project 'Atharva Group Housing'
with total built up area of 199616.3 sqm in, total plot area of 59941.9 sqm by M/s Raheja
Developers Ltd at Sector 109, Village PawOla Khusrupur, Gurugram (Haryana).
The project site is permitted for residential cum commercial use as per approved Master
Plan of the area. Planning/building perrkission for an area of 104117.292 sqm was
obtained from the Directorate of Town & ountry Planning, Haryana on 14th December,
2009, which was later revised to 110559. 82 sqm on 16th November, 2012.
The said project/activity is covered unde category B of item 8(b) of Schedule to the EIA
Notification, 2006, and requires prior C from the SEIAA in Haryana based on the
appraisal by SEAC.
The chronology of events for seeking El, deliberations by the respective authorities and
the actions taken are reported to be as u der:Environmental clearance granted y SEIAA 1st April, 2009
for built up area of 157917.34 sqm (Dwelling
units-528, EWS units-116)
Application for revised EC was su mitted to 26th October, 2015
SEAC/SEIAA in Haryana
Appraisal by SEAC in its meetings
Not yet done
Site visits conducted by the sub-committee
Findings of the sub-committee
1
15/07/2017
Construction undertaken on
additional area of 0.8 acre. Also,
4.3.8.2
The EAC, after detailed deliberations on the proposal in terms of the provisions of the
MoEF&CC Notification dated 14th March, 2017, confirmed the case to be of violation of
the EIA Notification, 2006 and recommended for the following:(0 The State Government/SPCB to take action against the project proponent under the
provisions of the Environment (Protection) Act, 1986, and further no consent to operate or
occupancy certificate to be issued till the project is granted EC.
Grant of Terms of Reference for undertaking EIA and preparation of Environment
(ii)
Management Plan (EMP) as enumerated in Annexure-1, along with public hearing.
(iii) The project proponent shall be required to submit a bank guarantee equivalent to
the amount of remediation plan and natural and community resource augmentation plan
with the SPCB prior to the grant of EC. The quantum shall be recommended by the EAC
and finalized by the regulatory authority. The bank guarantee shall be released after
successful implementation of the EMP, followed by recommendations of the EAC and
approval of the regulatory authority.
4.3.9
Commercial Complex 'Spaze Arrow' at Village Naurangpur, Sector-78, Gurgaon,
Haryana by M/s Spaze Tower Pvt Ltd
[IA/HR/NCP/64583/2017] [F. No. 23-38/2018-IA.III]
4.3.9.1
The project involves construction of commercial complex `Spaze Arrow' by M/s Spaze
Tower Pvt. Ltd with total built-up area of 29,523.05 sqm on a total plot area of 13111.559
sqm at village-Naurangpur, Sector 78, Gurgaon (Haryana).
The project site is permitted for commercial use as per approved Master Plan of the area.
Building Permission for built-up area of 13111.559 sqm (3.2 acre) was obtained from the
Directorate of Town & Country Planning, Haryana vide letter dated 28/ 2/2013 followed by
commercial use license granted by DTCP, Haryana.
The said project is covered under category B, of item 8(a) of Schedule to the EIA
Notification, 2006 and requires EC from the SEIAA in Haryana based on the appraisal by
SEAC.
The chronology of the events for seeking EC, deliberations by the respective authorities
and the actions taken are reported to be under:
Application for EC was submitted to 1/7/2013
SEAC/SEIAA in Haryana.
Initial appraisal was done in 91st
Appraisal by SEAC in its meetings
meeting on 18.09.2013
98th appraisal meeting on 8/1/2014 (not
appraised)
102nd appraisal meeting on 16/4/2014,
site visit directed by SEAC
Final observations/recommendations of Based on the findings of SEAC during
the SEAC to the SEIAA/State site visit on 29/5/2014, SEIAA was
informed about the start of construction
Government
12
by
Action
taken
Government/SEIAA
the
without EC and to take action
accordingly.
state SEIAA issued show cause notice vide
memo No. SEIAA/HR/2014/1438 dated
7/11/2014.
HSPCB vide letter dated 4/1/2017 has
issued directions under the Air Act and
the Water Act, to close down operation
of the project by sealing the plant and
machinery along with DG set, if any,
with immediate effect.
The construction was reported to be started in March, 2013 and structure work was
completed by October, 2014 without obtaining prior EC. Now the proposal has been
submitted to the Ministry for consideration in pursuance of the Ministry's Notification
dated 14th March 2017 due to violation of EIA Notification, 2006.
4.3.9.2
The EAC, after detailed deliberations on the proposal in terms of the provisions of the
MoEF&CC Notification dated 14th March, 2017, confirmed the case to be of violation of
the EIA Notification, 2006 and recommended for the following:(I)
The State Government/SPCB to take action against the project proponent under the
provisions of the Environment (Protection) Act, 1986, and further no consent to operate or
occupancy certificate to be issued till the project is granted EC.
(ii) Grant of Terms of Reference for undertaking EIA and preparation of Environment
Management Plan (EMP) as enumerated in Annexure-1, along with public hearing.
(iii) The project proponent shall be required to submit a bank guarantee equivalent to
the amount of remediation plan and natural and community resource augmentation plan
with the SPCB prior to the grant of EC. The quantum shall be recommended by the EAC
and finalized by the regulatory authority. The bank guarantee shall be released after
successful implementation of the EMP, followed by recommendations of the EAC and
approval of the regulatory authority.
4.3.10
Commercial Complex `Spat7 Boulevard I' at village Tikri, Sector-47, Gurgaon
(Haryana) by M/s Spaze Towe Pvt Ltd
[IA/HR/NCP/64589/2017] [F. F. 23-39/2018-IA.Ill]
4.3.10.1 The project involves construdtion of commercial complex `Spaze Boulevard I' by M/s
Spaze Towers Pvt Ltd with total built-up area of 29,523.05 sqm and a total plot area of
11,537.50 sqm at village Tikr, Sector-47, Gurgaon (Haryana).
The project site is permitted for commercial use as per the license granted by DTCP.
Building Permission for plotr(area of 11,537.50 sqm (2.851 acres) was obtained from the
Directorate of Town & Cou try Planning, Haryana vide letter ZP-318/JD(BS)/2010/11053
dated 7/9/2010 followed by commercial use license granted by the Directorate of Town &
Country Planning, Haryana. t
13
Members of the EAC for the proposal involving violation of EIA Notification, 2006 present
during 4th meeting held on 19-21 February, 2018 at MoEF&CC, New Delhi
1.
Dr. S.R. Wate
Chairman
2.
Dr. P.A. Joshi
Member
3.
Dr. G.V. Subrahmanyam
Member
4.
Shri K Gowarappan
Member
5.
Dr. Dilip S. Ramteke
Member
6.
Dr. Poonam Kumria
Member
7.
Dr.Subrata Maity
Member
8.
Shri S.K. Srivastava
Member Secretary
57