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This is an archive article published on November 10, 2015

Okhla eco zone property deals tied to outcome of proceedings: NGT

Two petitions were filed in the NGT challenging the demarcation of the ESZ, issued in August, in NOIDA.

NGT, Okhla Bird Sanctuary, construction Okhla Bird Sanctuary, ESZ, delhi newsDeclining a plea for stay on ongoing construction around Okhla Bird Sanctuary, National Green Tribunal (NGT) directed NOIDA authority Monday to announce that any property deal in the area would be subject to outcome of judicial proceedings with regard to demarcation of the eco-sensitive zone (ESZ).

“You issue notice for the general public, as many people may have indulged in property or land deals in the area. The notice should specifically state that the matter is sub judice before the tribunal and any deals made will be subject to the outcome of the proceedings,” a bench headed by NGT chairperson Justice Swatanter Kumar said.

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Two petitions were filed in the NGT challenging the demarcation of the ESZ, issued in August, in NOIDA. Environmental activist Anand Arya and law student Paramvir Singh in their pleas challenged the “limited” area notified as the ESZ and sought directions to extend the area.

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The notification had declared that the ESZ in the sanctuary will be the area up to 100 m from the eastern, western and southern boundaries and up to 1.27 km from the northern boundary of the sanctuary, which extends up to DND flyover across the riverbed situated in Uttar Pradesh’s Gautam Budh Nagar district and southeast district of NCT Delhi.

The pleas stated that the ministry had made an ‘arbitrary’ and ‘unreasonable’ demarcation which completely violated the policy laid down by the Supreme Court and the National Board for Wildlife.

During arguments, advocates Rahul Chaudhary and Gaurav Bansal contended that “mere 100 metres to 1.27 km” ESZ indicated “a blatant disregard of all the legislative, judicial and technical discourse” on the issue, as it did not provide for a wide enough area. The lawyers also told the court that “several builders” were “conducting urgent construction” in the area to “create third party rights”. The bench, however, declined to issue any stay on construction, observing that it would “leave it to the discretion” of people to buy land in the area.

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