File fresh proposal on ESZ of Okhla Bird Sanctuary: NGT to UP govt
4 Jan 2014 12:46 AM GMT
A bench comprising justices P Jyothimani and MS Nambiar directed the state government to file, within a week, a fresh proposal giving reasons for change in area of ESZ from one km to 100 metres, as well as all the inputs received from expert committees or any other source on the issue.
‘The Ministry of Environment and Forests (MoEF) is to apply its mind and take a decision on Uttar Pradesh’s proposal within three weeks of receipt of the same,’ the tribunal said and listed the matter on 3 February for further adjudication. The NGT directed the state government to file a fresh proposal after noting that the ‘communication’, claimed to be the UP’s proposal, sent to the MoEF ‘does not give reasons’ for the ministry to consider and decide on merit.
‘Perhaps you (UP) do not want the MoEF to decide the matter,’ the bench observed, adding ‘If you send a proposal without any reason what will MoEF consider?’ The communication was handed over to the MoEF counsel after he contended that the ministry till date has not received any proposal from the state on demarcation of the ESZ around the Okhla sanctuary.
This contention was disputed by the state which said that it had sent the proposal on 30 December, 2013, and the MoEF had received it on 31 December.
During the proceedings, advocate Gaurav Bansal, appearing for petitioner Amit Kumar, alleged that the UP government has reduced the ESZ without giving reasons to favour the builders whose projects are coming up in the area.
While the petitioner has claimed that the ESZ should be a 10-km radius area around the sanctuary, a committee under the chairmanship of district magistrate of Gautambudh Nagar recommended it to be a one km area. The state government in its latest proposal has reduced the area to 100 metres.
On 16 December, last year, the tribunal had expressed its displeasure over the failure of Uttar Pradesh government to take steps for fixing the ESZ around the Okhla bird sanctuary despite being given time for it. The tribunal had on 28 October, directed Uttar Pradesh government to send to MoEF its proposal on the ESZ.
Kumar, in his petition, sought prevention of the alleged illegal and unauthorised construction being undertaken by builders within the sanctuary’s 10-km radius, which he claims to be an ESZ.
‘The Ministry of Environment and Forests (MoEF) is to apply its mind and take a decision on Uttar Pradesh’s proposal within three weeks of receipt of the same,’ the tribunal said and listed the matter on 3 February for further adjudication. The NGT directed the state government to file a fresh proposal after noting that the ‘communication’, claimed to be the UP’s proposal, sent to the MoEF ‘does not give reasons’ for the ministry to consider and decide on merit.
‘Perhaps you (UP) do not want the MoEF to decide the matter,’ the bench observed, adding ‘If you send a proposal without any reason what will MoEF consider?’ The communication was handed over to the MoEF counsel after he contended that the ministry till date has not received any proposal from the state on demarcation of the ESZ around the Okhla sanctuary.
This contention was disputed by the state which said that it had sent the proposal on 30 December, 2013, and the MoEF had received it on 31 December.
During the proceedings, advocate Gaurav Bansal, appearing for petitioner Amit Kumar, alleged that the UP government has reduced the ESZ without giving reasons to favour the builders whose projects are coming up in the area.
While the petitioner has claimed that the ESZ should be a 10-km radius area around the sanctuary, a committee under the chairmanship of district magistrate of Gautambudh Nagar recommended it to be a one km area. The state government in its latest proposal has reduced the area to 100 metres.
On 16 December, last year, the tribunal had expressed its displeasure over the failure of Uttar Pradesh government to take steps for fixing the ESZ around the Okhla bird sanctuary despite being given time for it. The tribunal had on 28 October, directed Uttar Pradesh government to send to MoEF its proposal on the ESZ.
Kumar, in his petition, sought prevention of the alleged illegal and unauthorised construction being undertaken by builders within the sanctuary’s 10-km radius, which he claims to be an ESZ.
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