The Supreme Court order on June 10 dismissing a plea by real estate firm Jaypee Infratech that the Noida Authority grant completion certificates for its constructions projects located in a yet-to-be delineated “eco-sensitive area” of the Okhla Bird Sanctuary has put the ball back in the State Government’s court.
Meanwhile, the NGT’s order of April this year that new projects within 10-km radius of Okhla Bird Sanctuary shall not be cleared unless the National Board for Wildlife (NBWl) has given a No Objection Certificate will continue to be in place.
Uncertainty has prevailed over the future of 1 lakh under-construction residential units in the vicinity of Okhla Bird Sanctuary. With the Supreme Court refusing to interfere in National Green Tribunal’s (NGT) order restraining the Noida Industrial Development Authority from issuing completion certificates to structures falling within the 10-km radius of the sanctuary, future of more than 1 lakh flat buyers is in the air. Construction of nearly 30,000 flats is on the verge of completion and possession of these units is to be given this month. The Ministry of Environment & Forests (MoEF) had asked the authority to declare eco-sensitive zones in the vicinity of green pockets and bird sanctuaries.
Hearing the petition of Noida-based environmental activist Amit Kumar, the NGT had earlier asked authorities to clear their stand on eco-sensitive zone around the sanctuary and in a further development had stopped construction as well. later the authority had ordered its work circle in-charges to file status reports and recommended a 100-metre radius area as eco-sensitive zone. The NGT prevented the authority from granting completion certificates to any of the projects in the zone. The tribunal had also deemed all environmental clearances as ‘inoperational’ until a No Objection Certificate (NOC) is secured from the National Board for Wild life (NBWl).
Jaypee Infratech, a real estate company, had moved apex court for allowing NOC from the authority for its 4,000 flats, which were to be possessed this month. The order of the court has come as a blow to the 49 builders executing 54 projects in the disputed area.
“The NGT order is a non-issue for us. There are builders in the area who are giving possession and flats had been registered even three months ago,” said a buyer of a flat in the 10-km radius, adding, “This is a ploy by developers who have spread themselves too thin and are buying time handing over the flats. There are 40 such projects in the area. It should not be forgotten that the buyers are not only burdened by rents and EMIs, they would also not be able to avail the tax benefits on the loans till they get possession.”
Okhla Bird Sanctuary was declared a “protected area” by the UP Government in 1990 but there has been no decision by the UP Government and the NBWl on what the eco-sensitive zone around the sanctuary will be.