A bench headed by NGT Chairperson Justice Swatanter Kumar dismissed the plea filed by an NGO on the ground that objections and suggestions were considered by the Expert Committee for declaration of eco-sensitive zone around the sanctuary.
"The tribunal cannot loose sight of the fact that limitation of distance cannot be taken to a distance of 10 kms or so. The authorities and the Ministry are likely to take various factors into consideration while ensuring the applicability of Principle of Sustainable Development.
"However, in light of the specific restriction provided, we have no doubt in our mind that the Ministry has acted in consonance with the settled Principle as contemplated under Section 20 of the NGT Act, 2010. We see no reason to interfere and the application deserve to be dismissed," the bench said.
The tribunal noted that the notification dated March 20 was issued after publication of draft notification dated September 22, 2015 after inviting objections and suggestions from all persons likely to be affected therefrom.
The tribunal was hearing a plea filed by Vindhyan Ecology and Natural History Foundation (VENHF) which challenged the declaration of 1 km ESZ around Kaimoor Wildlife Sanctuary (KWLS) in the districts of Mirzapur and Sonbhadra in Uttar Pradesh.
The plea contented that the fixation of eco-sensitive zone of 1 km uniformly around boundary of Kaimur Wild Life Sanctuary was unjustifiable.
The petition said the Environment Ministry should have taken into consideration the ecologically sensitive areas, water bodies, forests wildlife habitats and other eco sensitive areas on the basis of site selection and should not apply the uniform distance.
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