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D) That from the Joint Committee Report, the Applicant came to know that on dt. 13.12.2019 the STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) has granted Environment Clearance for the Projects namely KUMAR KRUTI, SOPHRONIA, KAIROS and FUN N FAIR for the total built up area of 2,59,865 Sq. Mtrs of the Larger Land including Amenity Plot. It is very surprising that the said Environment Clearance is allegedly granted during the pendency of the present Petition, when this Hon'ble Tribunal is already seized of the matter related to various environmental issues involved including the non- existence of EC itself. It is the specific case of the present Applicant that Environment Clearance was pending under a violation case, while the otherwise prohibited land preparation/leveling work including making of a 18M wide cement road through the Amenity Plot & building a 100 Sq. Mtr. site office construction on the Amenity Plot was being undertaken as revealed. It appears that the said violation case before it has been allowed by the SEIAA completely ignoring the alert given to it by the Applicant vide Letter dated 26/07/2019 (duly acknowledged by SEIAA) & also the Hon'ble Tribunal's Order dt. 22/10/2019 being in its hand already along with the copy of the original application for looking into the matter. The manner in which EC has been granted is highly disturbing & needs to be looked into afresh. A Letter dt. 31/01/2020 has been sent to SEIAA on it, A copy is. being filed for record herewith. Even the proposal itself put up before it by Project Proponent on which this EC has been granted is highly questionable as material facts have been suppressed or wrongly stated. The timely & written alert provided to the SEIAA by the Applicant was for this very purpose only. A serious wrong has been done in the process.

Mittal House, M2/13, Nisarg CHST, Yerwada, Pune - 411006 Through it's authorized partners Mr. Vishal Sumerchand Agarwal Age - 30 years, Occ. Business."

16. Applicant has also requested for addition of para 13A in OA and consequential addition of ground 16 (L) as also a prayer in OA. Para 13A and ground 16(L) and prayer 19(H), sought to be inserted by amendment in OA, read as under:

"PROPOSED PARA NO.13(A)-That in Jan 2020, the Applicant came to know that on dt. 13.12.2019 i.e. during the pendency of the present petition the Environment Department, Govt. of Maharashtra granted Environment Clearance to the projects namely Kumar Kruti, Sophronia, Kairos and Fun N Fair for the total built up area admeasuring 2,59,865 Sq.mtrs. On the date of filing of present Petition, it was the specific case of the Applicant that Environment Clearance of "Amenity Plot (Described in Schedule - B of the Original Application) and many other buildings on the Larger land is pending under the violation case before Respondent No.8. However, surprisingly during the pendency of the present mater and especially without taking into consideration various objections raised by the present Applicant, the alleged Environment Clearance is granted on dt. 13.12.2019. So also, as per the knowledge of the present Applicant the project namely Kumar Kruiti and Sophronia are in existence on the Larger Land from last more than a decade. However, there is no any project namely Kairos and Fun N Fair in existence or developed upon the Larger Land yet. It clearly shows that the Project Proponent has mischievously clubbed together the, violation cases with the proposed new projects in the same violation application/case filed which is totally illegal. In view of clubbing together the unlawfully completed projects and proposed new projects yet to come up under the violation case (as contemplated under the notification dt. 14.07.2006 & of 2017) material irregularity has been committed. The order of Environment Clearance is totally silent on the point of completed projects under violation and proposed new projects. The said circumstances clearly show that no any comprehensive study/application of mind and precautions has/have been carried out/taken before granting of Environment Clearance on 13.12.2019. Such kind of irresponsible act on the part of the concerned authorities is difficult to absorb & unwarranted. As such it is necessary in the interest of justice to cancel the Environment Clearance dt. 13.12.2019 with immediate effect.
PROPOSED GROUND NO.16(L)-The project proponent has mischievously clubbed together proposed projects namely Kairos and Fun N Fair in the violation case, and thereby unlawfully obtained Environment Clearance dt. 13.12.2019. The said Environment Clearance is granted in violation of Notification dt. 14.09.2006 & of 2017 and Gazette dt. 08.03.2018 and therefore the same deserves to be cancelled.
PROPOSED PRAYER CLAUSE NO. 19(H)- The Environment Clearance dt. 13.12.2019 issued in respect of the Larger Land' be cancelled."
I E-waste shall be disposed through Authorized vendors as per E-
waste (Management and Handling) Rules, 2016. II The Occupancy Certificate shall be issued by the Local Planning Authority to the project only after ensuring sustained availability of drinking water, connectivity of sewer line to the project site and proper disposal of treated water as per environmental norms.
III This environmental clearance is issued subject to obtaining NOC from Forestry & Wild life angle including clearance from the standing committee of the National Board for Wild life as if applicable & this environment clearance does not necessarily implies that Forestry & Wild life clearance granted to the project which will be considered separately on merit. IV PP has to abide by the conditions stipulated by SEAC & SEIAA.