The National Green Tribunal has directed the Centre to demarcate the eco-sensitive zone (ESZ) around the Okhla Bird Sanctuary after considering fresh proposals of Uttar Pradesh, Delhi and Haryana governments.
A bench headed by Justice P Jyothimani issued the direction while dismissing a petition seeking prevention of alleged illegal and unauthorised construction being carried out by builders within the sanctuary's 10-km radius claiming it to be an ESZ.
"The states of UP, Delhi as well as Haryana who are likely to be affected by fixation of eco-sensitive zone (ESZ) shall send their proposals to the MoEF," the tribunal said.
The bench also said, "We direct the Secretary, MoEF to call for the concerned officers of all the state governments and have interaction and decide finally about the fixation of the eco-sensitive zone in respect of Okhla Bird Sanctuary."
"While such decision is taken, the Secretary, MoEF in the said meeting shall take into consideration about the demarcation of boundaries in fixing the eco-sensitive zone apart from the issues as to whether it is site specific etc," the bench added.
The tribunal said any decision taken by the government in notifying the ESZ shall be subject to the final decision of the Supreme Court in the matter pending before it.
The petition filed by Amit Kumar had claimed the 10-km area around the sanctuary to be ESZ, while, a committee under the chairmanship of District Magistrate of Gautambudh Nagar had recommended the ESZ to be a one km area. Later, UP government had reduced ESZ to 100 metres.
The tribunal on January 3 had directed UP government to file a fresh proposal on reducing the ESZ around the Okhla bird sanctuary as the state's recommendations to MoEF did not give any reason for the reduction from one km to 100 metres.
NGT had 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.
Opposing Kumar's plea, the builders had contended that since the sanctuary neither has a notified ESZ nor it was notified as a protected area, no clearance would be required from National Board for Wildlife (NBWL) for any project coming up within 10 km of it.
The tribunal also noted that National Board for Wild Life had referred to a PIL in the Supreme Court in Goa Foundation case wherein a direction has been given to the MoEF to give final opportunity to all states and Union Territories to give their proposals on declaration of eco sensitive zone.
