In a major relief to Uttar Pradesh chief minister Mayawati, the Supreme Court on Friday cleared the state government?s ambitious project to construct and install statues of Dalit icons at a Noida park, saying it does not come under forest land.
However, it said that the permanent structures cannot exceed 25% of the total area of the Dr Bhim Rao Ambedkar Park due to its proximity to Okhla bird sanctuary and the construction work can resume only after completion of the planting of the trees. While giving clearance to the project, the special forest Bench comprising Chief Justice SH Kapadia, Justice Aftab Alam and Justice KS Radhakrishnan said: ?We have found that it is not on forest land… We are of the opinion that felling of trees and construction have no perceptible impact on the Okhla bird sanctuary habitat.?
It said that even the expert bodies like Wildlife Institute of India (WII), IIT, New Delhi, and the Expert Appraisal Committee constituted by MoEF in June this year, did not record any serious negative finding in regard to the effects that the project may have on the sanctuary.
?It is significant to note that none of the expert bodies has taken the view that the project is so calamitous or ruinous for the bird sanctuary that it needs to be altogether scrapped in order to save the sanctuary. The expert bodies have given recommendations which allow the completion of the project subject to certain conditions,? Justice Alam, writing the verdict for the Bench, said. The court further said ?in light of the two study reports and the report submitted by the EAC, we see no justification for directing the demolition of the constructions made in the project… We would rather allow the project to be completed, subject, of course to the conditions suggested by the three expert bodies and further subject to the directions …?
However, the court said that ?the extent of stone and concrete constructions in the name of hard landscaping is highly out of proportion. In the modified layout plan, the project proponents have reduced the area under hard surface to 35.54% of the total project area. In our opinion, even that is unacceptable from the environmental point of view. The area under hard surface, whether covered, uncovered (including pathways and boundary wall etc.) or of any kind whatsoever must not exceed 25% of the total project area; of the rest, 25% should be used for soft/green landscaping and the remaining, preferably 50% must have a thick cover of trees of the native variety, a list of which is given by UP.?