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Law in the conservation of urban greens Case study of Delhi, India and Cologne, Germany Challenges And Opportunities Dr. Shamita Kumar Bharati Vidyapeeth University, Pune, INDIA Biodiversity Law Seminar

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Page 1: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Law in the conservation of urban greensCase study of Delhi, India and Cologne, Germany

Challenges And Opportunities

Dr. Shamita KumarBharati Vidyapeeth University, Pune, INDIA

Biodiversity Law Seminar

Page 2: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Legal Syste

ms

What role does the law play?

Loss of biodiversity

Habitat destructio

n

Loss of corridors

Urban expansion

Poaching/

Invasive Species

Lack of incentives

GMOs

Biodiversity conservation

Corridors

Urban Green

Conservation

Protected Areas

Page 3: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

India’s biodiveristy: An introduction

Page 4: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Photographs: Erach Bharucha

Page 5: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Photographs: Erach Bharucha

Page 6: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Source: Reitsma, F. (2012) Cities and Biodiversity Outlook - Action and Policy.

Urbanization in India

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Urbanization in India

• Traditional focus on rural development has now shifted to urban development

• 2005 JNNURM Program: 63 new cities

• 2014 : 100 smart cities, 500 AMRUT cities

• Industrial corridors, SEZs, etc.

Page 8: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

In the last two decades we have seen ..……

• Flooding of Mumbai, Chennai, Srinagar, Uttarakhand

• Water shortages in Bangalore, Pune

• Near disappearance of the common sparrow

• Loss of bees

• Urban heat island effect

Photographs: Erach Bharucha

Page 9: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

• Renewed interest in wetlands….

• Protection of ‘hotspecks’….sacred trees, roosting sites….

• Newly emerging…… Terrace gardens, vertical gardens…..

• Reduced dependence of fuelwood..

But we also have seen..….

Page 10: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

And also the ..….• Delhi Biodiversity Parks

• Pune Biodiversity Parks (in the process)

• Bhopal Biodiversity Parks (proposed)

• Restoration of wetlands in Pune and Bangalore

• New forms of urban greens and blues….

........and thus urbanization is both a challenge and an opportunity

:

Page 11: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

What do we have as urban greens??

Page 12: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Delhi: A historical perspective• The city has more than 18000 Parks, some of them

are from the Mughal and British periods.

• The city had nearly 450 wetlands besides River Yamuna supporting aquatic biodiversity

:

Page 13: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Delhi: The second green capital in the world!

Page 14: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

What have been the drivers?

Air

pollution

in Delhi

2010

Common

wealth

games

PublicInterest Litigation

Green Bench of the SC

National Green Tribunal

Reinterpretation of Art 21

Development of the environmental jurisprudence in India

Engaged Civil Society Aware Media

Notification of the Delhi Ridge

YamunaBiodiversity Park

AravalliBiodiversity Park

Source: Own draft

1982

Asiad

Games

Page 15: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Wetlands in 2004 nearly fully developed

Development of wetlands-initial stages in

2003

Site selection for development of

wetlands in 2002

Yamuna Biodiversity Park: Sequential development

Photographs: V.G. Gogate

Page 16: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Pune’s Biodiveristy Parks

Photographs: Erach Bharucha

Page 17: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Proposed biodiversity parks in Pune

Source: BVIEER, Pune

Page 18: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Pashan in the 1970s

Pashan Wetland Biodiversity Park

Photographs: Erach Bharucha

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Page 20: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Clearing the Ipomea belt in 2007 at the periphery

Ecorestoration of the Pashan Lake

Photographs: Erach Bharucha

Page 21: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Development of the wetland at Pashan

Photographs: Erach Bharucha

Page 22: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

May 26, 2005Apr 23, 2009Jan 18, 2013

Page 23: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Ducks and terns on the island (2013)Photographs: Erach Bharucha

Page 24: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Babool trees at periphery- ideal for nesting of birds (2013)Photographs: Erach Bharucha

Page 25: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Historical City Centre inside the inner Green

Belt

Inner and Outer Green Belts of Cologne, Germany

Source: Stefan Gronnerud

Page 26: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Now it must be decided whether Cologne shall be a desert of stones or a city where the inhabitants live a human friendly life. (…) It must be prevented that we will have an ocean of houses, without light, without green, without a connectivity to nature (…) the utilization of the last free space, which is surrounding Cologne (…), to forest and meadows.

It was a Now or Never Decision!!!

by Konrad Adenauer

Sustainable urban development – 75 years ago..

Source: Stefan Gronnerud

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The Outer Green Belt

Different forms of green forming the outer green belt

Source: Stefan Gronnerud

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The Inner Green Belt A Park Area for Recreation

The Inner Green Belt

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The Outer Green BeltParks, Forests, Agriculture and other Forms of Urban Green

Impressions from the outer green belt

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The Third Green Belt

Source: Stefan Gronnerud

Page 31: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Greater London..A National Park City

Page 32: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

How do people perceive biodiversity?

Photographs: BVIEER Photo Stock

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0

10

20

30

40

50

60

70

80

90

100

Citizens perceptions of the Biodiversity Park

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How do we create these?

Page 35: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:
Page 36: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Amenity green spaces like

housing colony gardens

Public gardens like P. L.

Deshpande garden

Creating a typology of green spaces in Pune

Page 37: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Tree avenues in

Koregaon Park

Temple gardens like

Saras Baug

Page 38: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Cartography: Swaroop Patankar, BVIEER,

April 2016

Page 39: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Cartography: Swaroop Patankar, BVIEER,

April 2016

Page 40: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Cartography: SwSwaroop Patankar,

BVIEER, April 2016

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41

Indian Express, October 30, 2016

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What are the challenges?

Ecosystem services

Human well being

Ethical/Religious responsibilities

Buffers for environment change

Biodiversityconservation

Steppingstones/corridor

Data

Attitudes

Norms/Standards

Planning /Implementation mismatch

Page 43: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Green India Mission

Guidelines from the Ministry of Urban Development

Guidelines from the Ministry of Environment and Forests

POLICY

Forest Conservation Act, 1980, Biological Diversity Act

State Specific Tree Acts, Town Planning Act

LEGAL

Development PlansPLANNING

Market based incentives

Projects/Events

Voluntary Practices

SMART

CITIES

Page 44: Law in the conservation of urban · PDF fileLaw in the conservation of urban greens ... of the environmental jurisprudence in India ... Pashan Wetland Biodiversity Park Photographs:

Which laws in your country support urban green conservation?

………Thank You

[email protected]