National Green Tribunal
Dr Sharad Gupta vs Union Of India on 30 April, 2024
Item No.09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 529/2023
Dr. Sharad Gupta Applicant
Versus
UOI & Ors. Respondent(s)
Date of hearing: 30.04.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Anshul Gupta, Adv. for Applicant
Respondent: Mr. Bhanwar Pal Singh Jadon & Mr. Chetan Jadon, Advs. for the
State of UP
Ms. Nidhi Jaswal, Adv. for MoEF & CC (Through VC)
ORDER
1. In this original application, issue relates to expansion of the area of Soor Sarovar Bird Sanctuary (SSBS) located in district Agra, UP.
2. In the Affidavit dated 28.11.2023 filed by Additional Chief Secretary, Environment, Forest and Climate Change, UP in compliance of the order dated 01.06.2021, timeline for issuance of final notification under Section 26 A of the Wildlife Protection Act, 1972 in respect of three pieces of land i.e. (A)403.09 hectare, (B) 15.415 hectare and (C) 380.55 hectare was disclosed and in the additional affidavit dated 13.02.2024, issue of overlapping of an area of 0.980 hectare in the area of 380.558 hectare and 15.415 hectare was mentioned and it was stated that the authorities are resolving it and same will be resolved within 15 days.
13. Tribunal by order dated 16.02.2024 had directed the Additional Chief Secretary, Environment, Forest and Climate Change, UP to inform the further steps which are taken to notify the three pieces of land under Section 26A in terms of the timeline disclosed in the affidavit dated 28.11.2023.
4. Action Taken Report has been filed on 23.04.2024 by ACS, Environment, Forest and Climate Change Department, Govt. of UP disclosing as under:-
"2. It is submitted that in compliance to the order passed by Hon'ble NGT in OA no. 529/2023 dated 06.11.2023, ACS, Environment, Forest and Climate Change, UP, filed affidavit of proposed timeline on 01.12.2023. The disclosed timeline and action taken in compliance to it are as follows : -
(A) 403.09 hectares S. N Date Description o
1. By 15.11.2023 Formation of a District Level Committee for survey by the District Magistrate.
2. By 31.12.2023 Completion and dispatch of report by the District Level Committee to the District Magistrate
3. By 31.01.2024 After detailed examination of the report of the District Level Committee, dispatch of the proposal by the District Magistrate.
4. By 29.02.2024 Preparation and dispatch of the proposal from the level of Deputy Conservator of Forest.
5. By 15.03.2024 Review and dispatch of the proposal from the Headquarter, Forest, Uttar Pradesh, Lucknow.
6. Till 30.06.2024 Final notification of Section-26A(1)(a) of Wildlife (Protection)Act 1972 by the Government .
Action Taken: All actions, as per the timeline, are complete till point no. 5. The proposal for final notification of the Sanctuary under Section-26A(1)(a) of Wildlife (Protection) Act, 1972 has been received by the Department of Environment, Forest & Climate Change, Government of Uttar Pradesh on 06.03.2024. The process for final notification by the Govt. of U.P. has already been initiated as per the timeline. The approval of competent authority in the Government for issuance of final notification has been obtained and currently the 1 draft of the final notification is being vetted by Vidhayee and the Bhasha Vibhags. The Government is fully prepared to issue the final notification well before the timeline of 30.06.2024 after following the due process in view of the Model Code of Conduct of Lok Sabha general elections.
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(B) 15.415 hectares
S. Date Description
No.
1. By 15.11.2023 Formation of a District Level Committee for survey by the District
Magistrate.
2. By 31.12.2023 Dispatch of report by the District Level Committee to the District
Magistrate.
3. By 31.01.2024 After detailed examination of the report of the District Level
Magistrate.
Committee, dispatch of the proposal by the District Magistrate.
4. By 15.02.2024 Dispatch of the proposal of section 18 of Wildlife(Protection) Act 1972 from the level of Deputy Conservator of Forest.
5. By 29.02.2024 Review of the proposal at Headquarter, Forest, Uttar Pradesh, Lucknow.
6. By 15.06.2024 Final notification of Section 18 of Wildlife(Protection) Act 1972 by the Government level.
7. Thereafter Settlement proceeding under Section 19 to 25 of Wildlife (Protection) Act 1972 will be done by the Collector which involve legal processes.
Action Taken: All actions, as per the timeline, are complete till point no. 5. The proposal for notification under the provisions of Section-18 of Wildlife (Protection) Act, 1972 has been received in the Department of Environment, Forest and Climate Change, Government of Uttar Pradesh on 15.04.2024. The process for final notification has been initiated by the Government.
(C)380.558 hectares
S. No. Date Description
1. By 30.11.2023 The proposal prepared, in consonance with Section-26A(1)(b) and Section 66(4), will be dispatched from the level of Deputy Conservator of Forest.
2. By 31.12.2023 Review of the proposal at Headquarter, Forest, Uttar Pradesh, Lucknow.
3. By 31.03.2024 Government notification will notify it as a Sanctuary.
Action Taken:
i. All actions, as per the timeline, are complete till point no. 2. ii. The Department of Environment, Forest and Climate Change, Government of Uttar Pradesh has received the proposal for notification of the Sanctuary under the provisions of 26(A)(1)(b) of Wildlife (Protection) Act, 1972 on 29-12-2023. iii. After receipt of the proposal, a meeting has been organised to review the progress regarding the declaration of the sanctuary with respect to the additional area 380.558 + 15.415 hectares on 04-03-2024. That it was decided in this meeting that the views of the concerned departments in light of the eco-sensitive zone of the proposed additional area as sanctuary should be obtained. The District Magistrate, Agra, through his representative present in the meeting, has been directed to consult with the concerned departments regarding the declaration of this new area of 380.558 ha. of Surdas Forest 2 Block and 15.415 ha. of Government land as sanctuary and its eco-sensitive zone. It was also decided in this meeting that after receiving the views of the concerned departments about the declaration of additional area of 380.558 ha. of Surdas Forest Block and 15.415 ha. of Government land as sanctuary, 3 the proposal for declaration of sanctuary will be presented before the State Board for Wildlife constituted under the provisions of Wildlife (Protection) Act, 1972 for consideration. The minutes of meeting dated 04-03-2024 is enclosed as Annexure No. 1.
iv. That the area of 380.55 ha. of Surdas Forest Block has legal status of reserved forest in which provisions of Indian Forest Act, 1927 are strictly complied with for its conservation and protection.
v. The report of the District Magistrate, Agra is yet to be received by Department of Environment, Forest and Climate Change (DoEF&CC). The DoEF&CC has sent a reminder to District Magistrate vide letters dated 28-03-2024 and 19-04-2024.The copy of the letters of DoEF&CC dated 28-03-2024 and 19-04- 2024 are enclosed as Annexure No. 2 & 3.
3- That owing to Lok Sabha Elections and the Model Code of Conduct, the process of declaration of sanctuary will take some more time as the administrative machinery at the district level is engaged in the elections. Therefore, relaxation of timeline to 15-06-2024 is humbly requested."
5. In respect of 403.09 hectare of land, Learned Counsel for State of UP has submitted that final notification under Section 26 A(1) (a) of the Wildlife Protection Act, 1972 will be issued well within the timeline by 15th May, 2024. He has further submitted that in respect of overlapping of the land, issue has been resolved and the area of 15.415 hectares has been reduced to 14.50 hectare. He has submitted that, now, notification in respect of 14.50 hectare under Section 18 of the Wildlife Protection Act, 1972 will be issued by 15th June, 2024. Learned Counsel for the State could not point out as to how after the exclusion of the overlapping area of 0.980 hectare, remaining area from 15.415 hectare remains as 14.50 hectare. Let this aspect be clarified in the next report.
6. In respect of third piece of land i.e. 380.558 hectare of Surdas Forest Block, the timeline of 31.03.2024 has already crossed and no final notification has been issued. The stand of Counsel for State of UP is that he has no instructions as to when this final notification will be issued.
Hence, we have no option but to call for the personal appearance of 4 Additional Chief Secretary, Environment, Forest and Climate Change, UP through virtual mode on the next date of hearing to disclose the correct status.
7. Counsel for State of UP referring to the CEC recommendations submits that it is the choice of the State Government to notify or not to notify the sanctuary with respect of the reserve forest. We find such a statement to be contrary to the stand of Additional Chief Secretary, Environment, Forest and Climate Change, UP in the earlier Affidavit.
8. List on 09.08.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM April 30, 2024 Original Application No. 529/2023 JG.
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