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Showing contexts for: consent fee in Tanaji Balasaheb Gambhiretanaji ... vs Union Of India Through Secretary Moef & ... on 8 May, 2023Matching Fragments
e) To operate the activity without valid consent to operate of the Board and applying after lapse of validity period.
Cost of Violation:-
Red Category- 5 times of one term consent fee X no. of years of violation* Orange Category- 3 times of one term consent fee X no. of years of violation* Green Category- 1 times of one term consent fee X no. of years of violation* * Calculations of number of years shall be calculated on the basis of number of days of non- compliance. Copy of the said circular is attached as Annexure- V. Considering the period when PP has started construction activities without obtaining CTE from MPCB i.e. as it is evident from the 1 st plinth checking certificate was issued vide, dated 25/05/2007 by PMC as per the first Layout Sanctioned vide no. DPO/2795/IV/322, dated 04/07/2006 for total potential FSI with TDR of 20,101.5 sq- m, which is beyond 20,000 sq-m issued by PMC till the date of obtaining CTE from MPCB i.e. till 02/12/2009. Besides considering the aforesaid period of violation for starting the construction activities without obtaining CTE from MPCB, the joint committee recommends considering the period of violation for not obtaining valid CTO i.e. when PP has not applied and obtained renewal of CTO from time to time from MPCB. Accordingly, the total period of violation is tabulated as below:
S. Period of violation No. of Remarks Capital Penal fees Penal fees no days of investmen calculatio . violatio t (CI) in n n Crore & consent fees 1 25/05/2007 31/07/200 433 Starting CI- 38 Orange 1,77,945.2 (date of 8 constructio crore category = 0 1st plinth (till date of n activities Consen 3 times of checking application without t Fees- one term certificate for CTE). obtaining 50000/ consent PCC Whereas CTE from - fee X no.
obtained CTE was MPCB. of years of
from PMC) granted on violation
02/12/2009 =3 X50000
2 01-01-2012 11/10/201 649 Operation of CI- 38.19 Orange 4,00,068.4
(starting (till date of the crore category =
date of application residential consent 3 times of
lapse of for renewal building Fees- one term
CTO, of CTO). project 75000/- consent
which was Whereas without valid fee X no.
valid till renewal of CTO from Of years of
31/12/2011 CTO was MPCB. violation
) granted on =3 X75000
and valid
up to
31/12/201
.
3 01-01-2015 04/04/201 93 Operation of CI- 61.22 Orange 76,438.35
(starting (till date of the crore category =
date of application residential Fees- 3 times of
lapse of for renewal building 100000/- one term
CTO, of CTO). project consent
which was Whereas without valid fee X no.
valid till renewal of CTO from Of years of
31/12/2014 CTO was MPCB. violation
) granted on =3
09/11/201 X100000
up to
31/12/201
.
Total no. of days of violation: 1,175 Total 6,54,452.04
Penal fees
4 01-01-2017 06/07/202 1,647 Operation of CI- 61.22 Red 22,56,164.3
(starting (till date of the crore category = 8
date of Hon‟ble residential Fees- 5 times of
lapse of NGT building 100000/- one term
CTO, order project consent
which was dated, without valid fee X no.
valid till 06/07/202 CTO from Of years of
31/12/2016 ) MPCB. violation
) =5
X100000
Total no. of days of violation: 1,647 Grand 29,10,616.4
Total 2
Penal fees
Thus, the total Penal charges as above as per provisions of penal fees for occupiers violating consent regime prescribed under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 i.e. without obtaining CTE & CTO from MPCB works out to be Rs.
29,10,616/- (Rupees Twenty-nine lakh- Ten Thousand Six Hundred Sixteen Only).