The Hindu : New Delhi News : Yet another U-turn over Noida Park

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Yet another U-turn over Noida Park

J. Venkatesan

No environmental clearance needed, Centre informs Supreme Court

New Delhi: In yet another flip-flop, the Centre on Friday informed the Supreme Court that no environmental impact assessment is needed for construction of the Bhim Rao Ambedkar Park by the Mayawati Government at Noida near the national Capital.

Initially the Centre had maintained that environmental clearance was necessary for the construction of the park. Subsequently it revised its stand and said that clearance was not necessary. Then it said till environmental clearance was obtained the U.P. Government should not be allowed to proceed with the construction. On Friday, in yet another turnaround, the Centre informed a three-judge Bench of Chief Justice S. H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan that no clearance was necessary for the project as the construction would fall within the ambit of Schedule 8 (b) of the Environment Impact Assessment Notification 2006, viz, under the category of Townships and Area Development Projects.

It said that since the built-up area was only 6,999 square metres in an area of 33.43 hectares of land, such environmental clearance was not required.

Strong objection

When Additional Solicitor-General Harin Raval made this submission, senior counsel Harish Salve, who is the amicus curiae, took strong objection and said the Court should not accept the Centre's affidavit as doing so would have serious consequences in other projects. He said the project should not be allowed to proceed with EIA.

The Chief Justice made it clear that there was no automatic go-ahead for construction merely because the Centre had stated that environment clearance was not required for it. He said the Centre's stand had to be discussed in detail before arriving at any conclusion. “We cannot say fait accompli” and allow the construction.

Arguments will continue on August 27.

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