The Supreme Court on Monday disposed of a petition seeking the removal of the invasive Vilayati Babool (Prosopis juliflora) from the Sur Sarovar Bird Sanctuary in Uttar Pradesh, directing the competent authorities to examine the issue comprehensively and take a time-bound decision after considering expert opinion.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that the controversy primarily involved ecological and environmental management requiring scientific assessment rather than judicial determination.
The Court directed Respondents 2 and 3 to examine the petitioner’s representation, take a holistic view of the matter and arrive at a reasoned decision within a reasonable timeframe. It also clarified that any previous orders passed by the Supreme Court should not prevent the authorities from independently deciding the issue on its merits.
The petitioner had contended that the invasive Prosopis juliflora species had spread across nearly 80 per cent of the terrestrial area of the Sur Sarovar Bird Sanctuary, adversely affecting native biodiversity and wildlife habitat. Reliance was placed on reports prepared by the Forest Department recommending the phased removal of the invasive species and its replacement with indigenous vegetation to restore the sanctuary’s ecological balance.
While recognising these concerns, the Bench observed that ecological management decisions must be guided by domain experts. It noted that although removal of the invasive species may be appropriate in certain protected forest areas, the same species also serves as an important source of green cover in some arid and semi-arid regions. In view of these competing ecological considerations, the Court left the matter to the expert authorities instead of issuing mandatory directions.
The matter assumes significance against the backdrop of the long-pending expansion of the Sur Sarovar Bird Sanctuary, which has also become the subject of proceedings before the National Green Tribunal (NGT). The expansion process has been delayed after the Supreme Court-appointed Central Empowered Committee (CEC) objected to notifications issued by the Uttar Pradesh Government declaring the Eco-Sensitive Zone (ESZ) around the proposed additional area as “zero kilometres”.
The CEC observed that under the environmental statutory framework, only the Central Government is empowered to notify an Eco-Sensitive Zone around a protected area under the Environment (Protection) Act, 1986, and related notifications. It therefore directed the State Government to amend the notifications issued on December 27, 2024.
According to an affidavit filed before the NGT on July 10 by the Chief Conservator of Forests (Wildlife), Western Region, the State Government had notified the inclusion of 380.558 hectares of the Surdas Reserve Forest into the sanctuary and issued a preliminary notification for the inclusion of another 14.5025 hectares.
However, both notifications declared the ESZ as extending to zero kilometres, prompting objections from the CEC. The State has sought eight weeks’ time before the NGT to issue the final notification after incorporating the required modifications.
The affidavit states that following the CEC’s observations, the Forest Department prepared an inquiry report in March 2026, which was subsequently examined by the Principal Secretary, Environment, Forest and Climate Change Department. The authorities decided to incorporate the CEC’s recommendations before processing the revised proposal further.
After the proposal was reconsidered by the State Board for Wildlife on July 3, the Principal Chief Conservator of Forests wrote to the Principal Secretary on July 8 requesting early issuance of the final notification for the remaining 14.5025 hectares in compliance with the NGT’s directions.
The litigation concerning the sanctuary dates back to 2018, when the Central Government proposed expanding the Sur Sarovar Bird Sanctuary to nearly 800 hectares through a draft notification. However, the final gazette notification issued on October 10, 2019 reduced the sanctuary’s area to approximately 403 hectares.
Environmentalist Dr. Sharad Gupta challenged the notification before the Supreme Court, which in 2022 directed that the 380.558-hectare Surdas Reserve Forest block and an additional 14.5025 hectares of government land be included within the sanctuary.
After the directions were not fully implemented, Dr. Gupta approached the National Green Tribunal in 2023. While the Surdas Reserve Forest block has since been incorporated into the protected area, the final notification relating to the remaining 14.5025 hectares is still awaited.
The petitioner has maintained that the objective of the litigation is to ensure that the originally proposed 800-hectare sanctuary is fully notified and provided with an appropriate Eco-Sensitive Zone in accordance with environmental laws and the directions issued by the Supreme Court and the NGT.
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