NGT Directs UP Additional Chief Secretary To State Steps Taken Relating To Expansion Of Agra's Soor Sarovar Bird Sanctuary

The National Green Tribunal (Principal Bench), directed Additional Chief Secretary (ACS), Forest and Climate Change to state steps taken in expansion of Agra's Soor Sarovar Bird Sanctuary.

Taking note of the affidavit filed by the ACS, A bench of Chairperson Justice Prakash Shrivastava, Justice Sudhir Agarwal, Dr. A. Senthil Vel and Dr. A. Afroz Ahmad said that, “Let further action taken report be filed by ACS, Environment, Forest and Climate Change, UP disclosing further steps which have been taken in pursuance to the timeline disclosed in the affidavit…”

The Tribunal was hearing an application seeking compliance of the order passed by the Supreme Court in in 2022 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 Agra, UP.

It was noted that Affidavit on behalf of ACS, Environment, Forest and Climate Change, UP, in compliance of the order, was filed disclosing timeline for issuance of the final notification under Section 26A of Wildlife (Protection) Act, 1972 with respect to three pieces of land i.e (a) 403.09 ha; (b)15.415 ha; (c) 380.55ha.

Taking note of the said timeline disclosed in the affidavit, Tribunal in December, 2012 had directed the ACS, Environment, Forest and Climate Change, UP to file further compliance affidavit reflecting action taken in pursuance to the affidavit filed earlier.

An additional affidavit was filed thereafter and Counsel for State of UP has pointed out that there is an overlapping of the area of 0.980 ha included in the area of 380.558 ha and 15.415 ha, hence, the authorities are in the process of resolving this anomaly which will be referred within l5 days.

However, the Court noted that There was no anomaly with respect to 403.09 ha, therefore, there was no impediment in adhering to the timeline disclosed in the affidavit by the ACS. “Hence, there is a breach of the timeline disclosed in the affidavit,” the NGT added.

Tribunal further said that, at this stage it did not intend to take any action for the breach since it has been stated by the Counsel for State of UP that next timeline at serial no.4 i.e. " by 29.02.2024-preparation and dispatch of the proposal from the level of Deputy Conservator of Forest" will be duly adhered to.

While directing the ACS, Forest and Climate Change to state steps taken in in pursuance to the timeline disclosed in the affidavit, at least one week before the hearing, the matter was deferred to April 30.

Anshul Gupta & Shubham Kaushik. Advs. for Applicant

Bhanwar Pal Singh Jadon, Chetan Jadon, Hardik Saxena & Harsh vardhan Singh Rajawat, Advs. for the State of UP.

Nidhi Jaswal, Adv. for MoEF & CC

Title: Dr. Sharad Gupta v. UOI

Click here to read/download the order