Existing User Account
Subscribe Premium

Allahabad High Court Emphasizes On Need To Maintain, Preserve Ecosystem & Biodiversity At Sandi Bird Sanctuary

Sparsh Upadhyay

15 April 2022 1:18 PM GMT

    • Allahabad High Court Emphasizes On Need To Maintain, Preserve Ecosystem & Biodiversity At Sandi Bird Sanctuary

    The Allahabad High Court on Tuesday emphasized the need to maintain and preserve the ecosystem and biodiversity at the Sandi Bird Sanctuary, situated in the Hardoi district of the state.The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi observed this while dealing with a Public Interest Litigation (PIL) plea moved by Inner Wheel Club Through its President...

    The Allahabad High Court on Tuesday emphasized the need to maintain and preserve the ecosystem and biodiversity at the Sandi Bird Sanctuary, situated in the Hardoi district of the state.

    The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi observed this while dealing with a Public Interest Litigation (PIL) plea moved by Inner Wheel Club Through its President Pooja Jain

    Essentially, the petitioner had moved to the Court pointing out the poor upkeep of the Sanctuary. The petitioner has alleged that due to authorities' neglect, the lake, as well as the bird sanctuary, are becoming a cause of concern so far as preserving the biodiversity and ecology in the area are concerned.

    It was also brought to the notice of the Court that the Sandi Bird Sanctuary is a Ramsar Site, which is based on the identification of wetlands under the Ramsar Convention to which India is a signatory.

    Further, the pleas stated that the State Government had sanctioned quite a big amount for the upkeep and development of the lake and the bird sanctuary, however, its present status isn't satisfactory.

    Against this backdrop, the Court had sought the Uttar Pradesh Government's response on March 5, 2022. The Court had also asked the Department of Tourism on the issue as to whether there is any plan to develop the Sandi wetland area as a tourist spot or as to whether an attempt has already been made to develop it as such.

    Read more about Court's March 5 order here: Allahabad High Court Seeks UP Govt's Reply On PIL Filed Over 'Poor Upkeep' Of Sandi Bird Sanctuary

    Now, on April 12, 2022, the Court was told that upkeep of the lake and bird sanctuary was being done by the Forest Department and no project is in contemplation either for upkeep or for the repair of the lake in the Tourism Department.

    However, the Court, in its order noted that the lake as a Ramsar wetland site is already existing and the Tourism Department is not expected to indulge in any kind of expenditure for upkeep or repair of the lake, but, the Court added, for making the lake as a tourist spot certain amenities may be provided by the Tourism Department or U.P. State Tourism Development Corporation.
    The Court also clarified that the instant petition was not to be taken as adversarial litigation between the petitioners and the State Government or its instrumentalities/authorities.
    In this regard, the Court stressed that the endeavor of all involved in the petition is to prevent the wetland area from being eroded and damaged and further to maintain and preserve the ecosystem and biodiversity at the Bird Sanctuary

    Further, when the Court was informed that the lake at the moment is suffering from scarcity of water for the reason that for the last few monsoons, adequate rainfall had not been recorded, the Court asked whether water to the Bird Sanctuary can be provided by any means other than the rainwater.

    To this query, the Court was informed by the Wild Life Warden that an effort had been made to bring some water to the Bird Sanctuary from the Garra river which flows nearby, by using a lift canal. He, however, further informed that even the lift canal could not be operational to its fullest capacity on account of several problems noticed because of the inadequate voltage of the electricity supply.

    Against this backdrop, in an attempt to solve the problem, the Court directed the District Magistrate, Hardoi thus:

    "to coordinate between different departments at the District level to sort out day-to-day problems being faced by the officials of the Forest Department so that officers of the Forest Department can devote themselves with the fullest possible zeal for maintaining the lake. It will be the duty of the District Magistrate to coordinate amongst the officials of different departments to achieve the said object."

    Lastly, the State Counsel was directed to seek instructions from the Tourism Department afresh in the light of the Court's earlier order dated 05.03.2022 as also in respect of the present situation of a Motel, which was built at the site earlier.

    With this, listing the matter for further hearing on May 9, 2022, the Court directed for the presence of the Conservator of Forest (Endangered Projects) for assistance of the Court.

    Case Title - Inner Wheel Club D.O.D Thru. President Pooja Jain And Ors. v. State Of U.P. Thru. Prin. Secy. Forest Dept. And Ors

    Click Here To Read/Download Order

    Tags
    Sandi Bird SanctuaryAllahabad High CourtUP GovtUttar Pradesh governmentPILPublic interest litigation (PIL)Justice Devendra Kumar Upadhyayauttar pradesh tourism#Allahabad High Court#PILwild life sanctuarySandi Bird Wildlife Sanctuarybird sanctuaryEnvironmentJustice Subhash Vidyarthi
    Next Story
    X