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Judgment
This application seeks review of order dated 05.04.2021 passed by this Tribunal in O.A. No. 147/2014, Legal Aid Committee, NGT Bar Association v. MoEF & Ors.
The issue pertains to preparation of Regional Plan by National Capital Region Planning Board (NCRPB) for preservation of Natural Conservation Zones (NCZ). States were directed to furnish their Sub-Regional Plans to enable the Regional Plan to be prepared. Pursuant to directions of this Tribunal, report was filed by MoEF&CC on 19.11.2019 mentioning the extent of shrinkage of NCZ. There were inconsistencies in sub-Regional Plans which were required to be resolved. This required land cover mapping for 1999 and 2019. On suggestion of the MoEF&CC, the Tribunal directed mapping using LISS III data (resolution 23.5 m) on 1:50,000 scale for the two periods i.e. 1999 and 2019. However, this could not be done for the reason mentioned in the affidavit dated 07.01.2021.
In the present Review Application filed by the NCRPB, difficulty expressed in compliance is that land use maps generated at 1:50,000 scale are not useful for verification of extent or location or position of features on ground. For such purposes, mapping needs to be carried out using very high resolution satellite (Spatial resolution better than 0.5 m) data compatible to cadastral maps. Therefore, the direction of Hon'ble NGT vide order dated 05.04.2021 regarding mapping of NCZ area for the changes between 1999 and 2019 at a scale of 1:50,000 may be reviewed. High resolution satellite data of 1 metre or better resolution is not sufficiently available for NCR for the year 2019 in the scale of 1:10,000. Satellite data of spatial resolution of coarser than l m resolution (such as LISS-IV data of 5.6 m) is not useful for assessing changes for revenue/legal purposes, hence is not suitable for mapping NCR at 1:10000 scale. MoEF&CC may accordingly advice the use of satellite data (1m or finer resolution) covering two seasons for a given future years (say 2021- 22, 2022-23 etc.).
The matter was earlier considered on 09.02.2022 and it was found that review application will require consideration. Accordingly, notice was directed to be issued to the counsel for the applicant. In pursuance of the said notice Mr. Rahul Choudhary, Advocate for the original applicant has put in appearance and submitted that he has no objection to the consideration of the prayer in the review application.
Accordingly, we have duly considered the matter. Considering the difficulty expressed by the review applicant, we modify order of this Tribunal dated 05.04.2021 and direct that instead of 1:50,000 scale maps, it may now be done using high resolution satellite (Spatial resolution better than 0.5m) data compatible to cadastral maps. Further, the above satellite data (1 m or finer resolution) covering two seasons for a given future years (say 2021-22, 2022-23 etc.) may be used. In the first instance, available maps at 1:50,000 or 1:10,000 scale and for the same period (1999-2019) map be used to identify the broad violation including shrinkage of the Aravallies. Needless to say that violation noticed on 1:50,000/1:10,000 may not be ignored. Once violations have been identified, then with the use of high-resolution maps as indicated above the violations/violators can be identified and action initiated as per law.
The review application is disposed of accordingly.
In view of order in the matter, I.A. No. 25/2022 also stands disposed of.