D. Y. CHANDRACHUD, A. S. BOPANNA
Pragnesh Shah – Appellant
Versus
Arun Kumar Sharma – Respondent
JUDGMENT :
Dhananjaya Y Chandrachud, J.
This judgment has been divided into the following sections to facilitate analysis:
| A | The Appeal |
| B | Eco-sensitive Zone Notification and Zonal Master Plan 2030 |
| C | Proceedings before NGT |
| D | Submissions of counsel |
| E | Jurisdiction of NGT |
| F | Merits of Expert Committee Report |
| G | Precautionary Principle |
| H | Conclusion |
A The Appeal
1 These appeals under Section 22 of the National Green Tribunal Act1[“NGT Act”] arise from judgments dated 10 March 2021 and 29 July 2021 of the National Green Tribunal2[“NGT”]. By its judgment dated 10 March 2021, the NGT, on the basis of a report3[“Expert Committee Report”] dated 8 December 2020 submitted by an Expert Committee, allowed an original application4[Original Application No 312 of 2016] filed by the first respondent, which challenged the Zonal Master Plan 20305[“ZMP 2030”] prepared by the State of Rajasthan, for the Mount Abu Eco-sensitive Zone6[“ESZ”]. The report of the Expert Committee had, inter alia, declared land owned by the appellant to be unfit for constructio
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