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Judgment
Grievance in this application is against encroachment of Surajpur Wetland, Greater Noida, next to the forest land, having potential for damage to the forest land and the wetland.
Vide order dated 15.12.2021, the Tribunal required a four Member joint of State Wetland Authority, District Magistrate, Gautam Buddh Nagar, State PCB and Divisional Forest Officer, Gautam Buddh Nagar to verify the allegations, take remedial action in accordance with law and furnish a report to this Tribunal.
In pursuance of above, a report has been filed on 05.04.2022 as follows:-
“In compliance of the order dated 15-12-2021, passed by the Hon'ble National Green Tribunal, New Delhi in Sagar Dikshit v/s Government of Uttar Pradesh, OA No. 344/2021. A four member Committee headed by the District Magistrate, Gautam Buddh Nagar was formed for ensuring compliance of the order passed by the Hon'ble NGT in letter and spirit. A virtual meeting was organised on 14-01-2022 under the Chairmanship of District Magistrate. It is important to note that in district Gautam Buddh Nagar the area in question and the land use of the area is regulated by Greater Noida Authority. This area/village is notified under Land Development Act 1976 and in consonance of the said act, Authority has framed by laws and master plan to regulate all construction activities in the said area, therefore Greater Noida Authority was advised to incorporate environmental concerns around the wetland and to conduct regular surveys to enforce master plan on the ground. Joint team was formed to inspect the site and submit the report. Members of the said team are as below:
Mr Pramod Kumar, Divisional Forest Officer, Gautam Buddh Nagar.
Mr Gautam Singh, Member nominated by State Wetland Authority / Sub Divisional Forest Officer Hapur, Forest Division Hapur.
Mr A K Arora, Member nominated by GNIDA / G.M. GNIDA.
Mr Bhuvan Prakash Yadav, RO Greater Noida UP Pollution Control Board, Member nominated by UPPCB.
Mr Sagar Dikshit, Petitioner.
In OA no 344/2021 Sagar Dikshit v/s U.P. Government complaints related to Surajpur Wetland were placed before the members of the Committee and Petitioner. During inspection following observations have been made:
Surajpur Wetland is a reserve forest and a very good example of habitat management and there are several migratory/ resident birds.
Boundary of Surajpur Wetland is totally fenced and there is no encroachment in area of Surajpur Wetland.
The land between wetland boundary and under construction road project is owned by Greater Noida, land is marked as green area in Master Plan 2021.
Remedial Measures:-
Green belt should be developed between the boundary of west side of Surajpur Wetland and under construction road. It is to be treated as buffer zone, which should be protected.
Greater Noida Authority to examine master plan accordingly and implement it on the ground.”
Learned Counsel for the State PCB has also brought to our notice an earlier order of this Tribunal dated 14.09.2018 in O.A. No. 284/2016, Vikrant Kumar Tongad vs. Union of India & Ors. with regard to the same issue. The Tribunal disposed of similar grievance by noting that the road proposed was outside the wetland.
In view of above, no further order is necessary except to direct that Wetlands (Conservation and Management) Rules, 2017 be strictly followed for protection of the wetland in question.
The application is disposed of.
A copy of this order be forwarded to the State Wetland Authority by e-mail for compliance.