Order of the National Green Tribunal regarding land under Natural Conservation Zone of Delhi NCR, 20/11/2019
Order of the National Green Tribunal in the matter of Legal Aid Committee, NGT Bar Association Vs MoEF & Others dated 20/11/2019. The issue for consideration is safeguarding of land use falling under Natural Conservation Zone (NCZ) in terms of regional plan prepared by National Capital Region Planning Board (NCRPB) under the provision of National Capital Region Planning Board Act, 1985.
Grievance has arisen on account of the fact that after regional plan was prepared by the NCRPB, area shown in sub-regional plans prepared by the states (Haryana, Uttar Pradesh and Rajasthan) was at variance. NCRPB asked for the explanation of the concerned States. The irreconcilable differences continued which led to filing of an application before this Tribunal.
The Tribunal emphasised that sub-regional plans have to be consistent with the NCZ. The plea of the concerned States was that ground truthing has yet to be done. In its order of August 7, 2018, the Tribunal had directed the constitution of a Committee for finalizing the states sub regional plans which submitted its report November 2019. Explanation of the States for difference in areas was that NCZ was prepared based only on satellite imagery without actual survey.
NGT directed the constitution of a joint committee to give a final report to the Tribunal on the subject. The committee would constitute representative from:
- National Remote Sensing Centre
- Hyderabad, Forest Survey of India, Dehradun
- Revenue Secretaries and PCCF (HoFF)/PCCF of Haryana, Uttar Pradesh, NCT of Delhi and Rajasthan with reference to the area falling in the respective States
- Representative of MoEF&CC.
- The nodal agency would be the MoEF&CC. The exercise has to be conducted with reference to data base of 1999. Report may be furnished within three months.
By way of precaution, the Tribunal directed that no land marked to be part of NCZ by the NCRPB may be diverted for any other purpose without permission of NCRPB before March 20, 2020.