A bench comprising justices P Jyothimani and M S Nambiar directed the state government to file, within a week, the 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 February 3 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 December 30, 2013, and the MoEF had received it on December 31.
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.
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File fresh proposal on ESZ of Okhla bird sanctuary: Green tribunal to UP govt
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