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National Green Tribunal

Anand Arya vs Union Of India on 13 October, 2023

Item No. 03                                                            Court No. 1

               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

                      Original Application No. 630/2023
                              (I.A. No. 775/2023)

Anand Arya                                                               Applicant

                                        Versus

Union of India & Ors.                                                Respondent(s)

Date of hearing:     13.10.2023

CORAM:        HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
              HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

Applicant:    Mr. Akash Vashishtha, Adv. with Mr. Anand Arya, Applicant in Person
Respondent: Mr. Bhanwar Pal Singh Jadon, Adv. for the State of UP (Through VC)
            Mr. Amar Dave & Ms. Shruti Arora, Adv. for Tata Project Ltd. (R - 11)


                                        ORDER

1. The issue raised in this Original Application is in respect of conservation and notification of Dhanauri Wetlands in Greater Noida, Gautam Budh Nagar, Uttar Pradesh. The further prayer is to declare the said wetland as Ramsar Wetland site. The allegation of the applicant is that there is a lapse on the part of the State of Uttar Pradesh in notifying Dhanauri Wetland as wetland in terms of the direction of the Hon'ble Supreme Court contained in the orders dated 08.02.2017 and 04.10.2017 passed in W.P.(Civil) No. 230/2001 in the matter of M.K. Balakrishnan vs. Union of India & Ors.

2. It has been stated in the application that Dhanauri Wetland is a natural and vibrant wetland and is home of over 217 species of bird and it has been recognized as an important birding area by the Bird Life International. The application further mentions that Dhanauri Wetland fulfills the criteria for declaring it as Ramsar Wetland site. 1

3. Learned Counsel for the State of UP has submitted that the proposal for notifying the Dhanauri Wetland was submitted to the Wetland Authority on 04.08.2022 and certain objections were raised and some more documents were required by the Wetland Authority which were submitted by the concerned Conservator of Forest on 01.04.2023. He submits that after submission of the documents and clarification, the Wetland Authority is now considering issuance of the Notification for declaring in respect of Dhanauri Wetland site.

4. He has submitted that the above statement has been made on the basis of the instructions received from the DFO and he has prayed for and is granted four weeks' time to inform the Tribunal about the status of the matter pending before the Wetland Authority in respect of issuance of the Notification.

5. List this matter on 20.11.2023.

Prakash Shrivastava, CP Dr. A. Senthil Vel, EM October 13, 2023 Original Application No. 630/2023 (I.A. No. 775/2023) SN 2