Bhubaneswar: The National Green Tribunal (NGT), has ordered a status quo on the diversion of the Ekramra Kanan land in the Odisha capital for construction of a high-rise building for commercial purposes.
While hearing a petition filed by Susanta Kumar Jena, a resident of Bhubaneswar, the Eastern Zone bench of the tribunal consisting of Justice B Amit Sthaleksr (judicial member) and Saibal Dasgupta (expert member) directed the state government to file a counter within four weeks and posted the matter for June 30, the petitioner’s counsel Sankar Prasad Pani, said.
In the interim order, the government has also been asked to form a four-member committee comprising a senior scientist from the Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Bhubaneswar, District Magistrate, Khurda or his representative not below the rank of sub-divisional officer of that area, Divisional Forest Officer, Chandaka Wildlife Division, and Director of Horticulture, Krishi Bhawan, Bhubaneswar for a site survey of the area.
The petitioner had raised these questions:
—Whether the area is a deemed forest having characteristics of a forest?
—Whether some portion of the area is classified as Jungle Kisam/Revenue forest as per land record as alleged by the applicant?
—Whether the area is covered with important fruit-bearing trees and other species of biological importance?
—Whether such diversion attracts the provision of the Forest Conservation Act, 1980?
The bench also said that the Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Bhubaneswar would be the Nodal Office for all logistic purposes.
According to the petition, the General Administration and Public Grievance Department had asked the Horticulture Department to surrender 20 acres of Ekamra Kanan land for the project.
Acting on the directive, Director of Horticulture, Krishi Bhawan on October 13, 2000, had directed the Assistant Director, Horticulture, Ekamra Kanan, to initiate the process of surrendering 20.192 acres of land having full-grown fruit-bearing trees and other plants of medicinal value of a total area of 25.967 acres.
The botanical garden-cum-farm is spread over 500 acres and is part of the Regional Plant Research Centre, a government organisation, under the Forest and Environment Department.
The petitioner contended that such conversion, which is otherwise illegal as it violates the Forest Conservation Act, 1980, would destroy the entire forest as well as medicinal plants and would be a challenge for the city in terms of ambience, temperature and pollution load.
The petitioner also pointed out that the land identified for diversion is less than 500 metre from the boundary of Chandaka Wildlife Sanctuary and Elephant Reserve.
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