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This is an archive article published on September 3, 2009

Ministry makes yet another turnaround

In what is yet another turnaround,the Ministry of Environment and Forests has now filed an addendum and additional information on its affidavit filed last week on the Noida statue park case.

In what is yet another turnaround,the Ministry of Environment and Forests (MOEF) has now filed an addendum and additional information on its affidavit filed last week on the Noida statue park case. This now puts the onus entirely on the Centrally Empowered Committee (CEC) to decide if the 6,000 trees cut down to raise the complex comprised a ‘forest’ or a ‘plantation’ and if any environmental violations occurred.

While the new position of the Ministry does not take a clear stand on environmental violations,it suggests that the area held ecological value — a departure from its earlier affidavit.

The Ministry has now disassociated itself from its August 22 affidavit,which stated that the area was a ‘park’,and says the same was Noida’s definition.

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The Ministry has also submitted afresh that the Forest Survey of India (FSI) found trees naturally regenerating in the area (indicating it was turning into a forest).

Newsline had earlier reported how satellite imagery of the region before the tree-felling revealed that the area — originally five public parks — was actually a thickly wooded area. The tree cover rose from 14.16 hectares in 2001 to 21.77 hectares in 2007,as per the FSI.

Further,the data revealed that within this area,the ‘moderately dense’ forest cover (meaning thick forest) increased from 3.7 hectares in 2001 to 9 hectares in 2007.

While the Ministry is yet to take a clear stand on whether the UP government decimated a forest to erect statues for the Rs 685-crore project,the burden will be upon the CEC (the forest panel) of the Supreme Court to decide based on the new information submitted.

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At the same time,the Ministry has criticised the UP government failure to note an eco-sensitive zone around the Okhla Bird Sanctuary,which is less than 100 metres from the statue complex.

While an independent report by the MoEF in July had found rampant environmental violations in the complex (including not taking an Environmental Impact Assessment from the Centre and cutting down what it called a ‘deemed forest’),it went back on its position in its affidavit to the CEC.

The affidavit endorsed Noida’s stand,with the document stating the trees were part of an ‘urban tree park’. However,it is learnt that at an internal meeting the Ministry found the response inadequate and decided to supplement the affidavit.

The MoEF has also left on the CEC to decide if the area required environmental clearances. The addendum mentions that the earlier report found that three-fourth of the total project area (33 hectares) was concretised,while Noida says area below 10,000 sq metre has been concretised (hence making an environmental assessment from the Centre unnecessary).

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While MoEF’s affidavit endorsed Noida’s claims on the amount of built-up area,there has been no fresh attempt by the Ministry to do a recce at the site.

This is likely to be the final document filed from either party,with the CEC expected to submit its report soon.

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