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x. Thus, the Committee finds that the environment clearance to the Project was granted based on the false/fabricated data and as per Standard Condition no. 6 of the Environment clearance dated 17.07.2023, the Environment clearance for the Project needs to be revoked and a fresh appraisal be undertaken taking into consideration the Wetlands Rules, 2017 and ensuring the surface drainage of the area is not disturbed.

xi. The Committee recommends appropriate action against the EIA consultant M/s. In-situ Enviro Care, Bhopal for not being serious in evaluating the Project from the perspective of protection of Bhoj Wetland, which is an internationally renowned Ramsar Site and the lifeline of Bhopal. It appears that no study was conducted OA No. 119/2023(CZ) Mr. Nitin Saxena Vs. Urban Development and Housing Department & Ors. O.A. No.137/2023(CZ) Bhopal Citizens Forum through its Member Shri Arun Gurtoo Vs. State of M.P. & Ors.

17. Learned Counsel for the Urban Development and Housing Department Mr. Shantanoo Saxena has filed the objection and submitted that :-

i. The committee in para 4 has brought on record the presentation on the entire project made by the project architect. In the said paragraph the committee further deliberated the criteria for the grant environment clearance vis a vis of the proposed construction area. The grant of the environment clearance is not in the scope of the said committee which was constituted with a direction to visit the place and submit a factual and action-taken report. The committee surpassed its mandate to get into question which was beyond its scope, and that the committee in para-4 have mentioned having observed deviation in the .kml file but has not mentioned any specific deviation that has been observed.

b) The recommendations of the committee report is firstly beyond the scope and mandates of the committee, moreover the recommendation is in the OA No. 119/2023(CZ) Mr. Nitin Saxena Vs. Urban Development and Housing Department & Ors. O.A. No.137/2023(CZ) Bhopal Citizens Forum through its Member Shri Arun Gurtoo Vs. State of M.P. & Ors.

nature of a review of the decision of the expert body duly constituted for the purpose of the grant of Environment Clearance. The recommendations of the committee report is firstly beyond the scope and mandates of the committee, moreover the recommendation is in the nature of a review of the decision of the expert body duly constituted for the purpose of the grant of Environment Clearance. The current project is not constituted within the 50-meter buffer zone. As regards the general suggestions made in the said recommendation the same needs to be reviewed by the Wetland Authority.

19. It is further argued that the EC granted by the competent authority cannot be challenged by way of original application and for the purpose the appeal lies against the EC.

20. It is further submitted the grant of Environment Clearance is not the action of a consultant, rather under the provisions of the EIA Notification 2006 various experts in the SEAC scrutinize the proposals and recommend the grant of Environment Clearance by SEIAA on being satisfied about the project. The entire exercise has been adhered to in the case of the present project as well. The committee constituted to visit the place and submit a factual and action taken report, cannot be said to have the mandate to make such recommendations without giving any reasonable basis.