Gurgaon: An affordable group housing project proposed in the eco-sensitive zone (ESZ) of Sultanpur National Park (SNP) has made a fresh bid for wildlife clearance.This comes after a govt-appointed committee had identified at least 70 violations in the ESZ.Mega Infratech has submitted the proposal for its 3.67-hectare project — Zara Romain in Sector 95B — after the standing committee of National Board for Wildlife (NBWL) had ealier deferred proposals in the area over violations and directed Haryana to take effective action against them.In its Sept 4 representation to the principal chief conservator of forests (PCCF), Mega Infratech has argued that its project at Garhi Harsaru, located 4.12km to 4.33km from the boundary of SNP, is a permitted activity under the zonal master plan for the Sultanpur ESZ, notified on June 18, 2021.The application is currently marked “submitted”, with the permit status shown as “in progress”. The company has said that under the forest and wildlife department’s zonal plan, “construction is not a prohibited activity” and that no restriction is to be imposed on approved existing land use, infrastructure and activities.The standing committee had earlier recommended strict enforcement of ESZ rules, removal of farmhouses built in violation of norms, preservation of no-construction areas and protection of water pathways.Environmentalists have said the earlier findings should be taken into account before the fresh proposal is considered.Environmentalist Vaishali Rana told TOI, “The fact that NBWL had already flagged widespread violations and deferred proposals in the Sultanpur ESZ makes it important that the govt first establishes that those violations have been addressed. An ESZ is meant to act as a buffer for the protected area, not simply as a zone where development can continue without assessing its impact on the wetland, water channels and wildlife habitat. Any fresh clearance should therefore be considered only after the earlier violations and the concerns raised by the scientific committee have been fully addressed.”The project was earlier considered by the standing committee, which was subsequently informed about violations in the Sultanpur ESZ.A committee headed by the inspector general of forests (wildlife) had conducted a scientific study of the area and found several violations and made recommendations for protecting the park and its surroundings.The chief wildlife warden, Haryana, told the standing committee that the monitoring committee of the ESZ was required to take action against the violations, but action was still pending in the majority of cases.The standing committee then directed the state govt to take effective action against all cases of violations and deferred the proposals.It also directed the environment ministry’s regional office to monitor the action taken by Haryana and submit monthly reports to the ministry.It warned that violations of the ESZ notification and zonal master plan could intensify development in the area and put the park ecosystem at risk.The committee specifically flagged the shrinkage of Sultanpur Jheel and dependence on Gurgaon canal to maintain the park’s water regime.It also raised concerns over the loss of wetland areas around the national park.However, Mega Infratech has argued that Supreme Court’s June 3, 2022 order in the TN Godavarman case does not apply to the project because the site is more than 1km from Sultanpur National Park.The company has pointed out that it already has several approvals, including a housing licence issued on Oct 8, 2020, environmental clearance issued on Dec 3, 2021 and building plan approval granted on Feb 14, 2022. It also received its HRERA certificate in June 2020.Mega Infratech said advertisements for the project were published in Aug and Sept 2022 and a draw of lots was held on Nov 10 that year. It also told the PCCF that “Third party rights have been created and all project related activity have been initiated.”The developer has said that its environmental clearance requires preparation of a wildlife plan to seek approval of the conservation plan from NBWL and that the process has already begun.The 5km area around Sultanpur National Park was notified as an ESZ in 2021.The purpose of the zone is to regulate activities around the protected area and reduce the impact of development on its habitat and wetland.The fact that the Mega Infratech site is beyond 3km from the park does not place it outside the ESZ.Its location, at 4.12km to 4.33km from the park, puts it within the notified 5km zone and brings the proposal under wildlife scrutiny.Sultanpur National Park is also an important wetland habitat, supporting more than 220 species of resident and migratory waterbirds, including threatened species.The fresh application therefore brings the focus back on the concerns already raised by the scientific committee and the standing committee’s direction that violations in the Sultanpur ESZ be addressed before proposals are cleared.The key question now is whether the earlier violations and conservation concerns have been adequately dealt with before the project is considered afresh.
