The National Green Tribunal (NGT) today directed Uttar Pradesh government to show the order by which Okhla bird sanctuary has been notified as a sanctuary under the Indian Wildlife Protection Act, as claimed by the state and environment ministry.
A bench headed by Justice P Jyothimani asked the state government to provide the information after 49 builders, whose projects near the sanctuary were halted by the tribunal on September 18, claimed that the area has not been notified as protected.
The builders contented that since the sanctuary has no notified eco-sensitive zone nor is it itself notified as a protected area, therefore, any project coming up within 10 kilometers of it will not have to seek clearance or approval of the National Board of Wild Life (NBWL).
They also claimed that the issue of construction around the sanctuary was brought before the Supreme Court which in 2010-2011 had allowed the projects to go ahead.
They said that they have spent a lot of money on their projects which have been halted for no fault of theirs.
The Ministry of Environment and Forests (MoEF), Uttar Pradesh government and the petitioner, on whose plea the projects were stayed, contended the area had been notified as a sanctuary back in 1990 and as such the 10 km rule given in the ministry's 2006 notification would apply.
The ministry's 2006 notification provides that any project which comes up within 10 km radius of a protected area- sanctuary or national park- will need clearance from the NBWL.
The MoEF also said that while notification of the eco- sensitive zone by a state government is pending, any project coming up within 10 kilometer of any sanctuary or national park would require clearance from NBWL.
After hearing the arguments, the bench agreed that the builders have not committed any fault, but observed that most of their projects do fall within the 10 km radius of sanctuary.
