29 July : The State Government of Uttar Pradesh has been requested to send facts for construction of Baba Saheb Ambedkar memorial park and museum being constructed in Noida.On receipt of certain complaints, an inspection team headed by the Chief Conservator of Forests, Regional Office of Union Ministry of Environment and Forests, Lucknow visited the site and submitted its report.
A copy of the inspection report has been forwarded to the Government of Uttar Pradesh with a request to send a factual report along with the comments of the State Government on the site inspection report, taking into account the clearances required.
The State level Environment Impact Assessment Authority (SEIAA), Uttar Pradesh, earlier informed that the Noida Authority had asked for a ‘No Objection Certificate’ for the renovation, preservation and beautification of Park at Sector-95, Noida, District Gautam Budha Nagar, U.P. The SEIAA of Uttar Pradesh intimated the Noida Authority that because the total plot area of the project is 3,34,334 sq.m. (33.43 ha.) and covered activity area is 9,542 sq.m., Environmental Clearance is not applicable in terms of the Ministry of Environment and Forests’ Notification S.O. 1533 (E), dated 14.09.2006.
Minister of State for the Ministry of Environment and Forests (Independent charge) Shri Jairam Ramesh replied in a written question by Dr. Vinay Kumar Pandey ‘Vinnu’in Lok Sabha today.
I AM DESPIRATELY WAITING FOR THE COMLETION OF THIS MUSIUM . THIS IS MY DREAM PARK.I AM ASKING TO ALL INDIAN PUBLIC WHO IS MOST QUALIFIED INDIAN AND HAVING CAPACITY OF WRITNG INDIAN CONSTITUTION.
This is also a case of misuse of “public funds” by a statutory authority NOIDA. It is a self funding authority and has to spend as per the Norms set in the Act under which it was constituted. State Government can not force the Authority to spend funds on its whims and fencies and political gains for some party. The act of the authority is deplorable and an act of mismanagement of Public Funds.
Secondly Noida Authority has earmarked sector 95 as Green Belt in its Master Plan 2021. Deviation from the Master Plan is not allowed specifically in the case of “Green Belt.” The Chief Executive Officer and those others who released funds for such a work can be took to task for their act.
Thirdly violation of Environment Laws. The State Level Environment Impact Assessment Authority was not authorized to deal with this project as the project falls withing 10 Km. of Interstate Boundary and within 10 Km of Bird Sanctuary. These two conditions required the approval from Environment Assessment Committee constitued in MoEF.
I have written about this to the concerned authorities.
To,
Sh. Jairam Ramesh
Minister of State Environment and Forests
Government of India
Sh. Vijai Sharma
Secretary MoEF
Government of India
Sub:- Violation of Environment Impact Assessment Notification 2006 issued under the provisions of Environment (Protection) Act, 1986.
Respected sirs,
The complainant has gathered the following information on the on going controversy regarding “Bhim Rao Ambedkar Memorial Park” NOIDA, U.P.
The relevant information is as follows:-
1.Project proponent: – New Okhla Industrial Development Authority (NOIDA).
2.Project Engineer: – Mr. A.K. Goel Senior Project Engineer Maintainace NOIDA
3.Project Cost: – Rs. 192.19 crore
4.Project Area: – Sector 95 (33 Hectare)
5.Land Use: – Green Belt as per Master Plan of NOIDA 2021
6.Conversion of Land:- Conversion of Land is not permissible from Green Belt to other uses. It has been clarified by Allahabad High Court in the matter of sector 32 which was declared as green belt but later on tried to be converted in other uses in the tenure of Mrs. Neera Yadav CEO cum Chairperson NOIDA.
7.Environment Clearance: – Environment Clearance is required as per Environment Impact Assessment (EIA) Notification 2006 issued under the provision of Environment (Protection) Act, 1986. As per General clause any project which falls within 10 KM of Sanctuaries has to be cleared by EAC of MoEF being ‘A’ category Project instead of B Category. B category projects are cleared by State Empowered Impact Committees (SEAC).
8.Violation of Environment (Protection) Act, 1986:- Penal Action under Environment (Protection) Act, 1986 under section 15, 16, and 17,.
The complainant asked for information from the Public Information officer the following information on 19th February 2009 (which has not been supplied till date):
1. Total area of sector 95
2. Total expenditure incurred on development of sector 95 till date.
3. Total staff deployed for maintenance of sector 95.
4. Any deviation for land use of sector 95 from master plan 2021.
5. Copy of the public notice if any deviation has been affected from the master plan 2021.
6. Details of the Budgetary provisions if any major change in the physical character of sector 95 is under process.
7. Copy of the project details including maps with technical cell approval for the development of sector 95.
8. Any other specific planning regarding sector 95
It is most unfortunate that in Environmental matters penal section of the Environment (Protection) Act are ignored by the regulators which resulted in violation of Environmental Laws throughout the country by the State bodies/government institutions/local bodies/private developers/industrialists and vested interest persons.
This is a wake up moment for all of us.
Sincerely yours,
(Pardeep K. Gupta)
President “OUTBURST”
An Organization to Establish Rule of Law in Public Administration
D-I-225, Lajpat Nagar-I, New Delhi – 110024
Fax 011-29815354
Mobile 0-9761711954
Dated 6th August, 2009
http://www.igcep.com
Copy to:
1.Sh. Atul Gupta Chief Secretary U.P.
2.Sh. Latit Srivastwa
Chairman NOIDA
3.Sh. Mahinder Singh
Chief Executive Officer NOIDA
4.Sh. A.K. Goyal Sr. Project Engineer Noida