Monday, July 5, 2010

(delhibirdpix) Eco-Sensitive Zone - Notification - Supreme Court Order - Open Letter

Hon'ble Dr. Manmohan Singh,
Prime Minister of India,
New Delhi.

Mr. Prime Minister, Sir,

This is an urgent matter that needs your attention.  Hon'ble Supreme Court of India had in December 2006 directed MOEF to give a final opportunity to all the States to send their proposals for 'declaration of Eco-Sensitive  Zones around all the National Parks (NPs) and Protected Areas (PAs)with in four weeks.  (Order in Writ Petition # 460/2004).

Sir, this is not 'four weeks but almost four years' now and yet the  Eco-Sensitive Zones have not  been declared except for some States like Haryana and Gujarat.   Efforts to get action from MOEF have failed. RTI Application, Its related responses have been attached and the Letter to Minister forwarded herewith.

Sir, you are fully aware that encroachments are taking place around most of the National Parks and Protected Area.  

Sir, Right under the nose of  Central Government, a Construction Project worth Rs. 685 Crores has been undertaken just adjoining, repeat just adjoining, the Okhla Bird Park & Wild Life Sanctuary that lies between  Delhi and UP on the River Yamuna at the Okhla Barrage.  Corbett and Ranthambhor Tiger Reserves have any number of Guest Houses, Resort proliferating right on the boundaries of these reserves.  At Corbett, the  approach to River from the Reserve to River Kosi  has been blocked for over 25 KMs and it has become well nigh impossible for the Tiger to get to the Kosi River.

Sir, this is an issue of governance. Does the Government follow the law ? Does the Government respect the Judiciary by implementing it s orders both in letter and spirit ?

This is a classic case of Non-Governance.

I write this because "Article 51-A enjoins that it shall be the duty of every citizen to protect and improve national environment, including forests, lakes and river".  Further, "Article 48-A of the Constitution mandates that the State shall endeavour to protect and improve environment."  The Hon'ble Supreme Court has settled the issue through many a judgement that "urban development and economic growth cannot supersede concern for environmental protection."

Sir, the onus on you is multiple - You are both A Citizen and one of the Most Prominent ones and A State.

May I request that the MOEF be directed:

1.  To file a Contempt Petition against all the States & UTs that have not yet take steps to declare the "Eco-Sensitive Zones" around the NPs & PA in their territory.
2. To make a Prayer to Hon'ble Supreme Court that the MOE be authorised, if they do not have the authority to do so under the existing law,  to declare these with four weeks if the States do not co-operate.
3. Till such time as the Final Notifications are issued by MOPEF/States, an area of 10 KMs around the National Parks and 5 KMs around the Protected Areas be declared as a 'no construction zone' and work if any, within in such area must cease immediately.

May I also request that please designate a Senior Officer in PMO may 
please be  designated 
to ensure compliance with your directions.

Sincerely,

Aam Aadmi
Anand Arya
353, Sector 15A
NOIDA 201301
INDIA
+ 91 98182 61909

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