SC: Assess impact of Noida park

The court’s order comes after amicus curiae Harish Salve quoted a Supreme Court-appointed Central Empowered Committee (CEC) report that the Uttar Pradesh government had felled 6,000 trees to make space for the construction of the park.

On September 4,2009,the CEC had recommended the UP government be ordered to stop all construction work till environmental clearance was secured from the MoEF.

On October 21,2009,the MoEF had filed an affidavit in the SC stating no environmental clearance was required for the project as it was located on a total plot area of less than the threshold 50 hectares with a built-up area of only 20,000 square metres. The ministry,however,added it was too late for an environmental clearance as the “project is already in an advanced stage of construction and environmental appraisal is normally done prior to the start of construction activities at the site”.

In its latest order,however,the court decided to insist that the MoEF assess the environmental impact in the light of “allegations” of the felling of 6,000 trees and the effect of large-scale construction at the Okhla Bird Sanctuary.

Salve contended that the park was located less than 50 metres away from the Okhla Bird Sanctuary,and the loss of green cover and the noise and pollution from the heavy construction work would have taken its toll on the birds.

“MoEF is directed to appraise the project from the environment angle based on the details and documents to be prepared and submitted by the project proponent (UP Government/NOIDA) and submit its recommendation,including the necessary environmental safeguards required to minimise the likely adverse environmental impact,” noted the forest Bench of Chief Justice of India K G Balakrishnan,Justices S H Kapadia and Aftab Alam.

The court directed the MoEF to suggest remedial measures in its report,which has to be filed within the next three weeks.