ENVIRONMENT LAW

P.S.D.A.

REPORT ON
ECO-SENSITIVE ZONE VISIT
[OKHLA BIRD SANCTUARY]

NAME: RAHUL NAIR

CLASS: 3-D
ENR. NO.: 16010303816
SUBMITTED TO: Mr. SURBHIT SAHAI
OVERVIEW

Eco-Sensitive Zones are areas that need special care for ecological reasons, for example the area
bordering a wildlife sanctuary (like the Okhla sanctuary). It's put in place so that a cement
factory isn't constructed on the other side of the fence. But you can have, say, a farm. Simply put,
this is the logic behind eco-sensitive zones. The idea is to plan activities based on the needs of
local ecology.

Such zones need not always border protected areas. They could also be standalone, like the
Western Ghats. In this sense, it is a mid-way between no regulation and having an all-out
wildlife sanctuary, since the latter carries much stronger restrictions.

Declaring an ESZ puts eco-sensitive planning centre-stage. In most ESZs, polluting industries
are prohibited. Depending on each specific site, a bigger or smaller list is prepared. State
governments prepare these proposals based on the advice of forest officials and government-
appointed ecologists.

The Environment (Protection) Act, 1986 does not mention the word “Eco-Sensitive Zones”.
However, Section 3(2)(v) of the Act, says that Central Government can restrict areas in which
any industries, operations or processes or class of industries, operations or processes shall not be
carried out or shall be carried out subject to certain safeguards. Besides Rule 5(1) of the
Environment (Protection) Rules, 1986 states that central government can prohibit or restrict the
location of industries and carrying on certain operations or processes on the basis of
considerations like the biological diversity of an area, maximum allowable limits of
concentration of pollutants for an area, environmentally compatible land use, and proximity to
protected areas. The above two clauses have been effectively used by the government to declare
ESZs or EFAs.

The same criteria have been used by the government to declare No Development Zones. Time to
time, the Ministry of Environment, Forests and Climate Change (MoEFCC) approves a
comprehensive set of guidelines laying down parameters and criteria for declaring ESZs. A
committee constituted by MoEF puts this together. The guidelines lay out the criteria based on
which areas can be declared as ESZs. These include Species Based (Endemism, Rarity etc),
Ecosystem Based (sacred groves, frontier forests etc) and Geo-morphologic feature based
(uninhabited islands, origins of rivers etc).[

INTRODUCTION
Okhla Bird Sanctuary is a bird sanctuary at the Okhla barrage over Yamuna River. It is situated
in Noida, Gautam Buddh Nagar district, on Delhi-Uttar Pradesh state border and known as a
haven for over 300 bird species, especially water birds. In 1990, an area of 3.5 square kilometres
(1.4 sq mi) on the river Yamuna was designated a bird sanctuary by the Government of Uttar
Pradesh under the Wildlife Protection Act, 1972. The site is located at the point where the river
enters Uttar Pradesh. The most prominent feature of the sanctuary is the large lake created by
damming the river, which lies between Okhla village to the west and Gautam Budh Nagar to the
east. The Okhla Bird Sanctuary (OBS) is roughly 4 square kilometres in size and is situated at
the entrance of NOIDA in Gautam Budh Nagar district of Uttar Pradesh. It is situated at a point
where river Yamuna enters in the state of Uttar Pradesh leaving the territory of Delhi. It is one
among fifteen bird sanctuaries in the state.

The bird species of thorny scrub, grassland and wetland are seen in the sanctuary due its location.
This wetland was formed by the creation of Okhla Barrage. The Uttar Pradesh Government
designated this a sanctuary in the year 1990. It is now one of the 466 IBAs (Important Bird
Areas) in India.

HISTORY

The areas around Okhla barrage, encompassing the river Yamuna and the marshes associated
with it, have been a favorite haunt for birdwatchers, ever since the construction of Agra Canal ,
which started from here in 1874. Major-General H. P. W. Hutson recorded the birds of Okhla
during the course of his ornithological surveys in the Delhi region during June 1943 to May
1945. Subsequently, Mrs Usha Ganguli also recorded the avifauna from this site in her book, A
guide to the birds of the Delhi area. Following the construction of a barrage and the resulting
lake in 1986, birdwatching activity has increased at this site. Spread over 3.5 square kilometres
(1.4 sq mi) on the river Yamuna, the sanctuary is in the Gautam Budh Nagar district of Uttar
Pradesh. It was declared a protected area in 1990, under the Wildlife Protection Act, 1972.

Over the years, due to increasing pollution in the Yamuna, and shrinking habitat of marshlands
and water areas, the bird count has reduced. The habitat of the sanctuary has been under threat
due to rapid urban development and construction activities in the surrounding areas. On 14
August 2013, responding to a petition filed by local environmentalist, National Green Tribunal
(NGT) ordered the Noida Authority to stop unauthorised constructions by private builders within
a 10-km radius of the sanctuary. It also asked the authority to conduct fresh land-survey in the
area. In October 2013, the tribunal issued an interim directive stating "all the building
constructions made within 10 km radius of the Okhla bird sanctuary or within distance of Eco-
sensitive zone as may be prescribed by the notification issued by the MoEF shall be subject to
the decision of the National Board For Wildlife (NBWL) and till the time the clearance of
NBWL is obtained, the authority concerned shall not issue completion certificates to projects."
Thereafter, in June 2014, the Supreme Court upheld the order.

FLORA AND FAUNA

A total of 302 species have confirmed records from Okhla bird sanctuary and the areas in its
immediate vicinity. An additional 27 species have been listed by Harris (2001) as probable, but
unconfirmed, occurrence. In January 2011, as a part of Asian Waterbird Census 2011, a leucistic
coot, known for its unusual bright white plumage, was spotted with the flock of common coots,
for the first time in India. [8] The sanctuary hosts over 400 species year round and over 1 lakh
migratory birds in winter months. It hosts 30% of the 1200 to 1300 bird species recorded in the
Indian sub-continent.
The total Okhla list includes:[10]

 Two critically endangered (CR) species (white-rumped vulture and Indian vulture)
  Nine vulnerable (VU) species (Baikal teal, Baer’s pochard, sarus crane, sociable lapwing,
Indian skimmer, Pallas’s fish eagle, lesser adjutant, bristled grassbird and Finn’s weaver)
 Seven near threatened (NT) species (ferruginous pochard, black-bellied tern, grey-headed
fish eagle, erratically east to West Bengal and south to Kerala and Sri Lanka.

CONCERNS

Main causes for the dwindling of bird population and shrinking of bird habitat is felling of
10,000 trees by Mayawati for the Rashtriya Dalit Prerna Sthal and Green Garden, buzz from the
overhead high-tension electric wires, 24 hours bright lights, heavy traffic over the barrage itself
on the Delhi-Noida road, pollution and sewage, construction, etc.

Even though UP government has claimed that it is taking all steps to protect Okhla Bird
Sanctuary, the forest is declining, The Okhla bird sanctuary is seeing a record low turnout with
every coming year. Once a thriving habitat for flamingos and sarus and pochards, the Okhla Bird
Sanctuary today is devoid of most of its winged visitors. Even the number of small terrestrial
birds like stonechats, warblers and paradise flycatchers has declined. The question is that why
are the birds giving this important birding area, a miss?.

Experts allege that constructions like commercial complexes, DND expressway, flyovers and
even the Ambedkar Park, have destroyed the feeding grounds around the bird sanctuary. Then
there are other threats like high tension wires that run all along the boundary of the sanctuary.
Birds steer clear from the 400 kV lines. Yet despite the threats, the Baikal teal, a migratory duck
was seen after 40 years in Okhla Bird Sanctuary near Delhi giving that one sign of hope for this
bird haven. The waters at the Okhla Bird Sanctuary were once teeming with birds. Today there
are scanty number of birds. The empty landscape is perhaps a wake up call for the UP and Delhi
state governments to ensure better protection for this neglected sanctuary.

The WII had observed that the ESZ should cover the entire flood plain from Wazirabad barrage
to Jaitpur in Delhi to Asgharpur in Uttar Pradesh. "Hence the area west to Geeta Colony Road,
Noida Link Road in the east to the river and area east to G.T. Road-National Highway 1 up to
Jaitpur in the west to river can be included as ESZ," the report said. But the environment
ministry has reportedly agreed to the Uttar Pradesh government's proposal of notifying only 100
metres as ESZ. The Haryana government has claimed that none of its territory falls within 5,000
metres of the sanctuary and is thus outside the ESZ.

According to the report, emphasis should be given to protecting flood plains to the north and
south of the sanctuary by increasing the width of the ESZ. The northern boundary of the zone
was to be extended to Wazirabad Barrage as the sanctuary is a riverine area and any development
activity upstream would affect its integrity. "The southern boundary of the ESZ should be
extended to at least 5,000 metres down to Asgarpur Jagir (UP)-Jaitpur (Delhi), covering both
sides of the river. A diagrammatic land use in this area (flood plains) needs to be maintained
unaltered to avoid further increase in pressure on the sanctuary. A buffer of vegetation needs to
be maintained at both the edge of the eastern and western boundary of the sanctuary," the WII
recommended.
ENLISTMENT TO ECO-SENSITIVE ZONE

In a high-level meeting of National Board for Wildlife (NBWL), chaired by the Union
environment and forests minister Prakash Javadekar on Tuesday, the draft notification around the
Okhla Bird Sanctuary has been cleared. According to the draft notification, the eco-sensitive
zone will be 100 metres to 1 km around the Okhla bird sanctuary, against 10 km that was
proposed by the National Green Tribunal (NGT).

This comes after the NGT had directed the Haryana and Delhi government to declare eco-
sensitive zone around Okhla bird sanctuary in 2013. The NGT notification had restrained the
authorities from issuing completion certificate for any project within 10 km radius of the bird
sanctuary.

The ministry had then issued a draft notification in September 2014 proposing a considerable
reduction in the area proposed by the NGT. The draft notification had sought that an area up to
100 metres from the eastern, western and southern boundary of the sanctuary be treated as an
eco-sensitive zone. The draft notification had also sought that on the northern boundary, 1.27 km
be treated as eco-sensitive zone.

According to highly placed sources in the ministry, it was suggested in the meeting that no new
commercial establishment or construction should be allowed in the eco-sensitive zone once it is
formally notified. However, the establishments outside the notified areas can get their long-
pending clearance certificates.

CURRENT POSITION

Once a prized haven for resident and migratory birds - including gulls, geese, ducks and
flamingoes that came from as far as Europe and Russia in their thousands - the sanctuary has not
witnessed any birdsong of late.

Experts blame the buzz emanating from high-tension electric lines, poor  maintenance of floating
water plants, heavy sewage inflow at Kalindi Kunj, excessive construction and traffic on all
sides, the chopping away over 10,000 trees for BSP leader Mayawati's Prerna Sthal, and 24x7
light and noise pollution, the site is going to be drained of all water this season. 

The long awaited work on the overhaul of the Okhla Bird Sanctuary , which would upgrade it to
a functional bird park and education centre, may start soon, said forest department sources.
According to the forest department, the ministry of environment and forests is slated to sanction
Rs 56 crore on the basis of a proposed detailed planned report on the overhaul of the bird park. It
was informed that work on the project will start soon and will be completed by February 28,
2019, by forest officer in charge of Okhla Bird Sanctuary. According to an announcement made
earlier this year by Mahesh Sharma, minister of state for environment forests and climate change,
the overhaul work would ensure safety, security and research facilities at the bird sanctuary. The
bird park has been waiting for an overhaul for over a year, ever since a proposal was made by the
forest department for an upgrade.
CONCLUSION

The sanctuary exists only in name now. It is baffling that the sanctuary management doesn't care
to clean up the floating plants, water hyacinth, and typha reed grass despite influx of huge funds
from the government. It is essential for these plants to be cleared. For, birds flying overhead will
be able to see the water and creatures beneath, which are food for them, only when this foliage is
removed.

There are housing societies coming up right up to the water's edge. Plus, birds which come from
the west and north direction use the Yamuna as a guiding map. In a lot of these stretches of the
river, agriculture or mining is going on now. This had harmed the migratory influx.

In a nut shell it can be said that the glory of the sanctuary which it used to boast earlier has
disappeared. Now, if the management decides to utilize the funds provided to it carefully and
cautiously keeping in mind the needs and objectives respectively would be the last resort to
regain its glory or at least to make it a rest house for peace loving birds.