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1 F. No.II-43/2013-IA.III Government of India Ministry of Environment & Forests (la-iii Section) Room No. 143, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi , To The Head-Technical Services Group (Corporate Projects), MIs Indian Hotels Company Ltd., Oxford House , NF Road, Apollo Bunder, Mumbai Contact Person Details: Dr. Ananya Gandotra, ananya.gandotra@tajhotels.com Dated: May 2,2014 Subject: CRZ Clearance for construction of 5 star resort "Vivanta by Taj" at Havelock, Port Blair, Havelock Island, Andaman & Nicobar Islands by MIs Indian Hotels Company Limited - Reg. Sir, *** This has reference to your proposal forwarded by Member Secretary, A&N Coastal Zone Management Authority (A&NCZMA)vide letter No: CF/EPA/83-Vol.VIII/98(a) dated and your letter dated seeking prior CRZ Clearance for the above project under the Coastal Regulation Zone (CRZ) Notification, The proposal has been appraised as per prescribed procedure in the light of provisions under the CRZ Notification, 2011, on the basis of the mandatory documents enclosed with the application viz., the Questionnaire, minutes of State Coastal Zone Management Authority, EIA Report and the additional clarifications furnished in response to the observations of the Expert Appraisal Committee constituted by the competent authority in its meetings held on 19th - 218t September, 2013, 28 th -30 th October, 2013 and 20 th - 23 rd November, It is inter-alia, noted that the project involves construction of a premium 5 star resort "Vivanta by Taj at Havelock" at 11 59'8. 76"N and 92 57' 19.00"E, Plot No: 149/1, 149/3, 150/3/2, 150/3/3, 150/3/4 at village - Radha Nagar, Gram Panchyat - Govinda Nagar, Tehsil - Port Blair, Havelock Island, Dist. Andaman, Andaman & Nicobar Islands. The project will be completed in two phase. In 1 8t phase, 50 keys will be constructed over a period of around 2 years (commencement of construction: March 2013 and completion of construction: December, 2015). In addition, 10 public buildings and 5 staff accommodation buildings will be constructed and in 2 nd Phase, another 50 keys will be constructed to raise the inventory!-
2 to 100 keys. The total plot area is sqm ( hal. The FSI area for this project is sq.m and non FSI area is sq.m. The total built up area for this project is sq.m. The total water requirement is 110 KLD in dry season and 88 KLD in wet season, power requirement is 100 KVAin construction phase and 2123 KVAin operation phase. Sewage Treatment Plant of capacity 100KL will be installed and the treated water will be used for gardening. Vermi-composting shall be provided for converting bio-degradable waste to manure and non-biodegradable waste will be sold to prospective buyers. Rain water harvesting will be done. The total parking spaces provided for Car-43, Two Wheelers-35, Cycles-25 and for Buses-2. The total cost of the project is Rs.80 Crores. 3. Regarding highest ingress of water during tsunami etc it has been explained that an average Tsunami height of 3 meters was observed. It has been explained that suitable design parameters have been considered to address the tsunami hazards. The evacuation plan to tackle emergencies during natural disaster has been accounted. One structure should be designed on the base of tsunami shelter. The proposed project is designated under Island Coastal Regulation Zone (ICRZ)and falls under ICRZ-III. 4. The Expert Appraisal Committee, after due consideration of the relevant documents submitted by the project proponent and additional clarifications furnished in response to its observations, have recommended for the grant of CRZ Clearance for the project. Accordingly, the Ministry hereby accords necessary CRZ Clearance for the above project as per the provisions of CRZ Notification, 2011 and its subsequent amendments, subject to strict compliance of the terms and conditions as follows: 5. Specific Conditions: (i) "Consent for Establishment" shall be obtained from Andaman & Nicobar Pollution Control Committee under Air and Water Act and a copy shall be submitted to the Ministry before start of any construction work at the site. (ii) 50 meters buffer should be observed from the HTL of the creek. (iii) All construction shall be on stilts. The slab height shall be maintained at 3.5 mts high above the HTLthroughout. (iv) Approval from the CGWA shall be obtained for extraction of ground water. (v) As committed, vermi-composting shall be adopted for handling 100% conversion of organic solid waste into compost. The manure so generated shall be used for gardening purpose within hotel premises. All the inorganic waste like paper, tin, bottle, glass etc must be carted away to reprocessing units in the island. ~.
3 (vi) Package Sewage Treatment Plant should be established for treatment of waste water. The treated effluent shall be recycled/reused 100% within the resort boundaries for toilet flushing, gardening etc. (vii) Project Proponent should correct and discard the site map which shows land level next to the sea front at 99 meters. Ground proofing of such maps should be done. (viii) Provision for bus parking and parking for taxies/ cabs shall also be made within the complex. (ix) The project proponent shall not undertake any construction within 200 metres in the landward side of High Tide Line and within the area between Low Tide Line and High Tide Line; (x) The proposed constructions shall be beyond the hazard line or 200mts from the High Tide Line whichever is more; (xi) (xii) Live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach; No flattening of sand dunes shall be carried out; (xiii) No permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts; (xiv) (xv) (xvi) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the State Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area; The State Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate; Though no construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account; (xvii) The total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 percent of the plot size i.e., the Floor Space Index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate vegetal cover;
4 (xviii)the construction shall be consistent with the surrounding landscape and local architectural style; (xix) The overall height of construction upto the highest ridge of the roof, shall not exceed 9metres and the construction shall not be more than two floors (ground floor plus one upper floor); (xx) Groundwater shall not be tapped within 200metre of the High Tide Line; within the 200metre 500metre zone it can be tapped only with the concurrence of the Central or State Ground Water Board; (xxi) Extraction of sand, leveling or digging of sandy stretches except for structural foundation of building, swimming pool shall not be permitted within 500metres of the High Tide Line; (xxii) The quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central or State Pollution Control Board and under the Environment (Protection) Act, 1986; (xxiii)necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach; (xxiv)to allow public access to the beach, atleast a gap of 20metres width shall be provided between any two hotels or beach resorts; and in no case shall gaps be less than 500metres apart; and (xxv) If the project involves diversion of forestland for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and State laws as applicable to the project shall be met with; and (xxvi)approval of the State or Union territory Tourism Department shall be obtained. (xxvii)under the provisions of Environment (Protection) Act, 1986, legal action shall be initiated against the project proponent if it was found that construction of the project has been started without obtaining clearance. 6. General Conditions: (i) The construction of the structures should be undertaken as per the plans approved by the concerned local authorities/local administration, meticuio~onforming to the existing local
5 and Central rules and regulations including the provistons of Coastal Regulation Zone Notification, 2011 and the approved Coastal Zone Management Plan of Andaman & Nicobar Islands. (ii) Traffic congestion near the entry and exit points from the roads adjoining the proposed project site must be avoided. Parking should be fully internalized and no public space should be utilized. (iii) Energy conservation measures like installation of CFLs/TFLs for the lighting the areas outside the building should be integral part of the project design and should be in place before project commissioning. Use CFLs and TFLs should be properly collected and disposed off/ sent for recycling as per the prevailing guidelines/rules of the regulatory authority to avoid mercury contamination. Use of solar panels may be done to the extent possible. (iv) Adequate measures should be taken to prevent odour problem from solid waste processing plant and STP. (v) Provision shall be made for the housing of construction labour within the site with all necessary infrastructure and facilities such as fuel for cooking, mobile toilets, mobile STP, safe drinking water, medical health care, creche etc. The housing may be in the form of temporary structures to be removed after the completion of the project. (vi) Construction spoils, including bituminous material and other hazardous materials, must not be allowed to contaminate watercourses and the dump sites for such material must be secured so that they should not leach into the ground water. (vii) A First Aid Room will be provided in the project both during construction and operation of the project. (viii) All the topsoil excavated during construction activities should be stored for use in horticulture/landscape development within the project site. (ix) Disposal of muck during construction phase should not create any adverse effect on the neighboring communities and be disposed taking the necessary precautions for general safety and health aspects of people, only in approved sites with the approval of competent authority. (x) Vehicles hired for bringing construction material to the site should be in good condition and should have a pollution check certificate and should conform to applicable air and noise emission standards and should be operated only during nonpeak hours. ~
6 (xi) (xii) Fly ash should be used as building material in the construction as per the provisions of Fly Ash Notification of September, 1999 and amended as on 27th August, 2003 if the site is located within the 100 Km of Thermal Power Stations. Ready mixed concrete must be used in building construction. (xiii) Storm water control and its re-use as per CGWB and BIS standards for various applications. (xiv) Water demand during construction should be reduced by use of pre-mixed concrete, curing agents and other best practices referred. (xv) In the event of any change in the project profile a fresh reference shall be made to the Ministry of Environment and Forests. (xvi) This Ministry reserves the right to revoke this clearance, if any, of the conditions stipulated are not complied with to the satisfaction of this Ministry. (xvii) This Ministry or any other competent authority may stipulate any additional conditions subsequently, if deemed necessary, for environmental protection, which shall be complied with. (xviii) A copy of the clearance letter shall be marked to the concerned Panchayat./Iocal NGO, if any, from whom any suggestion / representation has been received while processing the proposal. (xix) Full support should be extended to the officers of this Ministry's Regional Office at Bhubaneswar and the offices of the Central and State Pollution Control Board/Committee by the project proponents during their inspection for monitoring purposes, by furnishing full details and action plans including the action taken reports in respect of mitigative measures and other environmental protection activities. 7. These stipulations would be enforced among others under the provisions of water (Prevention and Control of Pollution) Act, 1974 the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991 and Municipal Solid Wastes (Management and Handling) Rules, 2000 including the amendments and rules made thereafter. 8. All other statutory clearances such as the approvals for storage of diesel from Chief Controller of Explosives, Fire Department, Civil Aviation Department, Forest Conservation Act, 1980 and Wildlife (Protection) Act, 1972 etc. shall be obtained, as applicable by project proponents from the respective competent authorities. ~
7 9. The project proponent should advertise in at least two local Newspapers widely circulated in the region, one of which shall be in the vernacular language informing that the project has been accorded CRZ Clearance and copies of clearance letters are available with the State Pollution Control Board/Committee and may also be seen on the website of the Ministry of Environment and Forests at The advertisement should be made within 10 days from the date of receipt of the Clearance letter and a copy of the same should be forwarded to the Regional office of this Ministry at Bhu baneswar. 10. This Clearance is subject to final order of the Hon'ble Supreme Court of India in the matter of Goa Foundation Vs. Union of India in Writ Petition (Civil)No.460 of 2004 as may be applicable to this project. 11. Any appeal against this clearance shall lie with the National Green Tribunal, if preferred, within a period of 30 days as prescribed under Section 16 of the National Green Tribunal Act, A copy of the clearance letter shall be sent by the proponent to concerned Panchayat, Zilla Parisad/Municipal Corporation, Urban Local Body and the Local NGO, if any, from whom suggestions/ representations, if any, were received while processing the proposal. The clearance letter shall also be put on the website of the company by the proponent. 13. Status of compliance to the various stipulated environmental conditions and environmental safeguards will be uploaded by the project proponent in its website. 14. The project proponent shall also submit six monthly reports on the status of compliance of the stipulated Clearance conditions including results of monitored data (both in hard copies as well as by ) to the respective Regional Office of MoEF, the respective Zonal Office of CPCB and the SPCB. 15. The environmental statement for each financial year ending 31 st March in Form-Vas is mandated to be submitted by the project proponent to the concerned State Pollution Control Board/Committee as prescribed under the Environment (Protection) Rules, 1986, as amended subsequently, shall also be put on the website of the company along with the status of compliance of Clearance conditions and shall also be sent to the respective Regional Office of MoEF by . Copy to: jkapurj Director (la-iii) (i) The Chief Secretary, Andaman and Nicobar Administration, Andaman and Nicobar Islands, Port Blair.
8 (ii) The Chairman, CPCB, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi (iii) The Member Secretary, Andaman & Nicobar Coastal Zone Management Authority, Conservator of Forests (Development and Utilization), Nodal Officer CRZ, Andaman and Nicobar Islands Administration, Chatham, Port Blair (iv) The Member Secretary, Andaman & Nicobar Pollution Control Committee, Andaman and Nicobar Islands. (v) The Chief Conservator of Forests, Ministry of Environment and Forests, Regional Office (EZ),Aj3, Chandersekharpur, Bhubaneswar (vi) Guard File. (vii) Monitoring Cell. ~ (Lalit Kapur) Director (la-iii)
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