Read Time: 06 minutes

Synopsis

The National Green Tribunal has asked the State authorities to respond to the email of the Central Government’s request to declare Dhanauri Wetland as a Ramsar Site and Sarus Sanctuary within 4 weeks.

“Learned Counsel for the applicant, during the course of arguments, has produced the e-mails dated 30.08.2022 referring to the earlier e-mails as also 17.10.2023 sent by the MoEF&CC, Central Government in connection with request for declaring Dhanauri Wetland as Ramsar site and Sarus Sanctuary. The e-mail reflects that inspite of the request by MoEF&CC, the requisite response has not been submitted by the said authorities,” the order reads.

The bench, consisting of Chairperson Justice Prakash Srivastava, Judicial Member Sudhir Agarwal, and Expert Member A Senthil Vel, in its order dated 20th November, directed the applicant to provide a copy to all unrepresented respondents and file their responses.

The NGT had earlier given the UP government four weeks' time to update on Dhanauri Wetland's Ramsar Wetland designation status in Greater Noida.

The issue came to the forefront as Anand Arya, a bird watcher, moved an application before the NGT to declare Dhanauri Wetlands as a Ramsar Wetland site.

The applicant alleged that the State of Uttar Pradesh has failed to fulfill its obligations in notifying Dhanauri Wetland as a designated wetland, in accordance with directives from the Supreme Court in orders dated February 8, 2017 and October 4, 2017. These orders were issued in the matter of M.K. Balakrishnan vs. Union of India & Ors.

He further highlighted that in the airport's environmental clearance, one of the stipulated conditions was to guarantee the protection of the Wetland in letter and spirit.

On 20th November, the bench was informed by the State counsel that the water spread area of the wetland is 46.35 hectares, and the buffer zone area is 66.54 hectares.

However, the bench asked the state counsel to submit a detailed map clearly depicting the water spread area and catchment/zone of influence area of the Dhanauri Wetland as mapped in the National Inventory of Wetlands.

The bench in its order recorded the stand of Yamuna Express Industrial Development Authority to demarcate the Dhanauri Wetland in terms of the Draft Master Plan, 2041, wherein the area appears to be lesser than the area of Dhanauri Wetland in terms of the National Inventory of Wetlands. The state counsel however sought time to clarify the same.

The bench will now hear the petition on December 22.

Advocate Akash Vashishtha appeared for the applicant.

Advocates Bhanwar Pal Singh Jadon & Chetan Jadon appeared for the state government.

Advocates Rishi Agarwal & Mr. Arshit Anand appeared for Tata Projects Ltd. 

Case title: Anand Arya vs UOI & Ors.