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iii. It is observed that without obtaining EC, the PP has started construction activities as it is evident from the date of 1st plinth check certificate issued by PMC vide dated 27/06/2008. Also, the PP has started construction of the project i.e. Prayeja City-I without obtaining CTE from MPCB required under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. Further, the PP continued the construction of project and almost completing construction i.e. constructed total 13 residential buildings. As per the architect certificate vide dated 24/02/2022 the total built-up area of the project i.e. Prayeja City-I is 56,292.04 sq-m. (FSI: 27,871.63 sq-m & Non-FSI: 28,420.41 sq-m) which is as per the latest Layout Sanction vide no. 1001/17, dated 10/07/2017 granted by PMC. Copy of the architect certificate vide dated 24/02/2022 is given at Annexure-

d) Accidental discharges lasting for short durations resulting into damage to the environment.

e) Intentional discharges to the environment - land, water and air resulting into acute injury or damage to the environment.

f) Injection of treated/partially treated/ untreated effluents to ground water.

Though such listed instances may not be directly applicable in the current matter for arriving at the damages amount (in addition to the environmental compensation as given at para 5 of the report) for contravening mandatory provisions of environmental laws (w.r.t. starting construction without CTE, continued construction without CTE & completed most of the project), an attempt is being made by this joint committee to assess the environmental compensation using the formula prescribed in the said CPCB report which may be taken as damages amount for contravening mandatory provisions of environmental laws. The formula takes into account of number of days violation took place, pollution index of unit, scale of operation, location factor based on population and an amount factor in Rupees. Environmental Compensation (EC) in Rupees as mentioned in the aforesaid CPCB report = PI x N x R x S x LF Where, EC is Environmental Compensation in Rupees PI = Pollution Index of industrial sector/Project N = Number of days of violation took place R = A factor in Rupees for EC S = Factor for scale of operation LF = Location factor PI = Pollution Index of industrial sector/project Considering the project under Red category as per CTE application made by the PP to MPCB. Also, as per CPCB modified directions no. B-29012/ESS/(CPA)/2015-16 dated 07/3/2016, if the wastewater generation is more than 100 KLD, the project is considered under red category. Hence, as per aforesaid CPCB report, PI = 80. N = Number of days of violation took place for which violation took place is the period between the day of violation observed and the day of compliance verified by CPCB/SPCB.

LF = Location factor.

It is based on the population of the city/town and location of the industrial unit on the location of the industrial unit. Since the population of Pune is more than 1 Million but less than 5 Million, LF=1.25.

a) Considering the period when the project proponent has started construction activities without obtaining CTE/CTO from MPCB i.e. as it is evident from the 1st plinth checking certificate was issued vide no. CC/1857/2007, dated 27/06/2008 by PMC as per the first Layout Sanctioned vide no. CC/4871/06, dated 30/03/2007 for the total built-up area of 23, 505.98 sq-m, which is beyond 20,000 sq-m (FSI: 12,525.26 sq-m & Non-FSI:

10,980.72 sq-m) issued by PMC till the date of Hon'ble NGT order vide dated 17/11/2020 without obtaining mandatory CTE/CTO from MPCB, total number of days violation (N) took place comes out to be 4,526 days.

OR

b) Whereas, taking reference from Section 15, Sub-Section 3 of The National Green Tribunal Act, 2010 and to limit a period since when default/non-compliance is to be considered for assessing environmental damage and compensation, the period of default/non-compliance has been taken into account in the past five years prior to the day; OA no. 33 of 2020 (WZ) was filed before Hon'ble NGT (i.e. on 02/07/2020) and till the date of Hon'ble NGT order (i.e. 17/11/2020) vis-à-vis 02/07/2015 to 17/11/2020, total number of days violation (N) took place without obtaining mandatory CTE/CTO from MPCB, comes out to be 1,965 days.