National Green Tribunal
Dr Sharad Gupta vs Union Of India on 1 December, 2023
Item No.10 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.529/2023
Dr. Sharad Gupta Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 01.12.2023
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Anshul Gupta, Mr. Ravi Shandilkar, Ms. Kirti Dua & Mr. Shubham
Kaushik, Advs. for Applicant
Respondent: Mr. Bhanwar Pal Singh Jadon, Mr. Chetan Jadon & Mr. Hardik Saxena,
Advs. for the State of UP
ORDER
1. This original application has been filed seeking compliance of the order dated 23.09.2022 passed by Hon'ble Supreme Court in I.A. Nos. 196157, 196/158 and 196159/2019 in WP (C) No.13381/1984 in the matter of M.C. Mehta V. Union of India & Ors. relating to expansion of the area of Soor Sarovar Bird Sanctuary (SSBS) located in district Agra, UP.
2. In the IA, the report of Central Empowered Committee (CEC) was submitted with the following recommendations:-
"21. xxx......................................xxx..............................xxx
(i) xxx......................................xxx..............................xxx
(ii). Consider extending the area of the Soor Sarovar Bird Sanctuary (SSBS) by including the Surdas Reserve Forest block of 380.558 ha and 15.514 ha of the government land which currently forms the buffer zone of the Sanctuary outside the proposed boundary of the Sanctuary after following the procedure under sections 18 to 25 of the Wildlife (Protection) Act, 1972."1
3. Hon'ble Supreme Court had disposed of the IA by accepting the report of the CEC. Hence, the same was required to be implemented.
4. On 06.11.2023, Learned Counsel for the applicant had made the submissions that in respect of 403.09 ha. of land, the notification under Section 18 was issued on 27.03.1991. He had further submitted that an additional area of 15.415 ha. and 380.55 ha was required to be notified.
5. The Tribunal had taken note of the fact that by order dated 01.06.2021 passed in OA No.41/2015, finalization was to be done within three months but even after laps of two years, final notification was not issued. Hence, Tribunal had called for an affidavit from the ACS, Forest, State of UP, disclosing time-bound programme for completing the process leading to issuance of final notification under Section 26-A of the Wildlife Act.
6. The affidavit on behalf of the Additional Chief Secretary, Environment, Forest & Climate Change, Uttar Pradesh in compliance of the above order has been filed disclosing separate timeline for 403.09 ha, 15.415 ha. and 380.55 ha as under:-
"7.As per the discussion in the District Magistrate level meeting dated 10-11-2023 and Additional Chief Secretary level meeting dated 21-11-2023, the proposed timeline are decided for each area parcel as follows:-
(A) 403.09 hectares S. No. Date Description
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 to dispatch Committee, the DistrictofMagistrate 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.2
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 of Wildlife (Protection) Act 1972 by the Government.
(B) 15.415.09 hectares
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 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 proceedings under Section 19 to 25 of Wildlife (Protection) Act 1972 will be done by the Collector which involve legal processes.
(C) 380.558 hectares
S. No. Date Description
1. By 30.11.2023 The proposal prepared, in consonance with Section 26 A
(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.
7. The Learned Counsel appearing for the State has submitted that the action in terms of the said timeline has already been initiated and the process as disclosed will be completed within the timeline mentioned in the affidavit.
8. In view of the above, we direct the Additional Chief Secretary, Environment, Forest & Climate Change, Uttar Pradesh to file further 3 compliance affidavit reflecting the action taken in pursuance to the affidavit dated 28.11.2023 and also showing the completion of work in terms of the timeline which has been disclosed in the said affidavit.
9. Let the fresh affidavit be filed at least one week before the next date of hearing.
10. List the matter on 16.02.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM December 01, 2023 Original Application No.529/2023 JG 4