Amendment in final notification of ESZ around Okhla Bird Sanctuary Uttar Pradesh

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19062024-254806 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2236] NEW DELHI, TUESDAY, JUNE 18, 2024/JYAISHTHA 28, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 18th June, 2024 S.O. 2354(E).—Whereas the Central Government, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) of section (3) section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, issued a notification in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2262(E), dated the 19th August, 2015; And whereas the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification; And whereas sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that whenever it appears to the Central Government that it is in the public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986; And whereas the Central Government is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O. 2262(E), dated the 19th August, 2015; Now, therefore, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub- section (2) and sub-section(3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Environment and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide notification number S.O. 2262(E), dated the 19th August, 2015, namely:- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely : - "5. Monitoring Committee. – The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely: - (A) Monitoring Committee in respect of area of Eco-sensitive zone falling in the State of Uttar Pradesh consisting of the following, namely :- (i) Principal Secretary (Environment and Forest) - Chairman, ex officio; (ii) Member Secretary, Central Pollution Control Board - Member, ex officio; (iii) Member Secretary, Uttar Pradesh Pollution Control Board- Member, ex officio; (iv) An expert in the area of Ecology and Environment to be nominated by the Government of Uttar Pradesh from time to time every three years. - Member, (v) A representative of Non-governmental Organisation [working in the field of environment including heritage conservation] to be nominated by the Government of Uttar Pradesh from time to time every three years. - Member; (vi) Representative of Housing and Urban Planning Department, Government of Uttar Pradesh- Member, ex officio; (vii) Representative of Revenue Department, Government of Uttar Pradesh - Member, ex officio; (viii) Representative of Irrigation Department, Government of Uttar Pradesh- Member, ex officio; (ix) Concerned District Collector- Member, ex officio; (x) Concerned Divisional Forest Officer- Member, ex officio;; (xi) Representative of Government of National Capital Territory of Delhi- Member, ex officio; (xii) Chief Wildlife Warden- Member Secretary, ex officio . (B) Monitoring Committee in respect of area of Eco-sensitive zone falling in the Union territory of National Capital Territory of Delhi consisting of the following, namely :- (i) Principal Secretary (Environment and Forest) - Chairman, ex officio; (ii) Member Secretary, Central Pollution Control Board- Member, ex officio; (iii) Member Secretary, Delhi Pollution Control Board - Member, ex officio; (iv) An expert in the area of Ecology and Environment to be nominated by the Government of National Capital Territory of Delhi from time to time every three years - Member; (v) A representative of Non-governmental Organisation [working in the field of environment including heritage conservation] to be nominated by the Government of National Capital Territory of Delhi from time to time every three years - Member; (vi) Representative of Delhi Development Authority- Member, ex officio; (vii) Representative of Revenue Department, National Capital Territory of Delhi- Member, ex officio; (viii) Concerned District Collector- Member, ex officio; (ix) Concerned Divisional Forest Officer - Member, ex officio; (x) Representative of Government of Uttar Pradesh- Member, ex officio; (xi) Chief Wildlife Warden - Member Secretary, ex officio ." 6. Functions of Monitoring Committee. – (1) The Monitoring Committee shall, based on the actual site-specific conditions, scrutinise the activities covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests, vide number S.O. 1533 (E), dated the 14th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, and referred to the Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, as the case may be, for prior environmental clearances under the provisions of the said notification. (2) The activities not covered in the Schedule to the notification referred to in sub-paragraph(1) and falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned regulatory authorities. (3) The Member-Secretary of the Monitoring Committee or the concerned Collector or the concerned Deputy Conservator of Forests shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification. (4) The Monitoring Committee may invite representative or expert from concerned Department, representative from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements on case to case basis. (5) The Monitoring Committee shall submit the annual action taken report of its activities for the period up to the 31st March of every year by the 30th June of that year to the Chief Wildlife Warden of the State in pro-forma specified in Annexure-IV. (6) The Central Government may give such directions in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions.". [F. No. 25/20/2014-ESZ/RE] Dr. S. KERKETTA, Scientist "G" Note.-: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 2262(E), dated the 19th August, 2015.