New Delhi: The Centre on Thursday said Uttar
Pradesh government has to seek clearance from National Board
of Wild Life for its project relating to construction of
statues and memorials for Dalit leaders at Noida Park near
"The project requires clearance from National Board of
Wild Life because it is withing 10km radius of Okhla Bird
Sanctuary," the Ministry of Environment and Forest (MoEF) said
in an affidavit.
The MoEF said the notification issued by it on December
2, 2009, has made it clear that any project coming up within
the 10km radius of national parks and sanctuaries have to get
the nod of National Wild Life Board.
The affidavit was filed in reponse to the apex court
order which had asked the MoEF to make clear the requirments
to be fulfiled by Uttar Pradesh government for getting
clearance for its project.
The court had sought the response of the MoEF on October
1 when it had reserved its verdict on the petitions seeking
directions against the project.
A Special forest bench headed by Chief Justice S H
Kapadia had sought the view of the MoEF in this regard after
concluding a marathon hearing.
It had said the views of the Centre would be
incorporated in the final judgement.
Uttar Pradesh government has defended its project and
maintained that it did not require environmental clearance.
The state government said the project is not covered
by the notification which required environmental clearance.
"The area involved in the project was only 33.43
hectares, much below the bench mark of 1,50,000 sq meter
requiring environment clearance from MoEF," senior advocate K
K Venugopal, appearing for UP government, had submitted.
"The project is not in the forest area," the advocate
had submitted earlier before the Bench.
Venugopal had said that of the 6194 trees that have
been cut, only 47 required the permission of the authorities
for uprooting them as they were of native variety.
He said the permission for that was secured and
remaining trees were cut as no permission was needed for doing
All work for the Rs 650-crore project on the 33.43
hectare land has been stopped since October 9, 2009, by an
apex court order.
Earlier, senior advocate Harish Salve, who is
assisting the court as amicus curiae in the matter, said
clearance to the project has to be given keeping in mind the
He said since a major part of the work was completed,
it would have to be carefully examined whether demolition
would be the correct option.
He said it has also to be viewed whether planting of
trees would serve the purpose of restoration of forest or not.
The apex court had during the earlier hearing said
automatic approval to the project cannot be given merely
because the Centre has stated that environment clearance was
not required for it.
The apex court had said such a stand of the Centre that
the Environment Impact Assesssment (EIA) was not required for
the project has to be discussed in detail before arriving
at any conclusion.
The affidavit filed by the Ministry of Environment and
Forest (MoEF) had said the project of Mayawati government is
covered under Area Development Activity requiring no EIA.
However, MOEF`s affidavit drew strong objections
from the opponents of the project.
Salve had submitted acceptance of such a stand of the
government will cause more damage.
His stand was supported by the counsel for some Noida
residents, Jayant Bhushan, who had said the project cannot be
cleared without EIA as it was next to Okhla bird sanctuary.
The apex court had on August 13 wanted to know from
the Centre under which category of Environment Assessment
Notification the project could be put.
It is examining whether Uttar Pradesh government`s
project falls under the category of Building and Construction
Project or Township and Area Development Project.
The project, which covers 20,000 sq meter, comes under
the first category while those using 1,50,000 sq meter falls
under the second.
The apex court had also sought the Centre`s response
to the suggestion that guidelines should be laid down for
giving environmental clearance to projects in the vicinity of
urban forests like Noida park and Siri Fort in Delhi.
Uttar Pradesh government had said Noida authorities
were ready to reduce the concrete area of the park where
statues and memorials of Dalit leaders have been installed.