Okhla bird sanctuary: UP's conduct unfortunate, NGT says

Written By Unknown on Senin, 16 Desember 2013 | 22.33

NEW DELHI: The National Green Tribunal on Monday termed as "unfortunate" the failure of the Uttar Pradesh government to take steps for fixing the eco-sensitive zone (ESZ) around the Okhla bird sanctuary despite being given time for it.

A bench headed by Justice P Jyothimani made it clear that if by January 3, 2014, the next date of hearing, the state government does not send to the Ministry of Environment and Forests (MoEF) its proposal regarding ESZ around the sanctuary, then "the tribunal will pass orders in accordance with law".

"It is unfortunate that inspite of the time having being given to the UP government, it has not taken any steps for fixing the eco-sensitive zone so as to enable MoEF after consulting the National Board for Wildlife (NBWL) to notify (the same).

"We make it clear that by the next date of hearing if UP does not send the proposal in this regard, the tribunal may have to pass orders in accordance with law," the bench, also comprising Justice Melath Sasidharan Nambiar, said.

The order was passed after stakeholders in the case, including MoEF, NBWL and builders contended that the state government has not done anything till date after NGT on October 28 had directed UP to send to MoEF its proposal on ESZ.

Advocate Gaurav Bansal, appearing for petitioner Amit Kumar, alleged that the UP government has not sent its proposal as it is protecting the builders.

NBWL and MoEF stated that they have not received any information or particulars from the state government.

Amit Kumar, in his petition, has 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 builders have contended since the sanctuary has no notified eco-sensitive zone nor is it notified as a protected area, no clearance will be required from NBWL any project coming up within 10 kilometers of it.

Meanwhile, the tribunal issued fresh notices to the Haryana and Delhi governments and sought their replies in the matter.


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