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2022 Supreme(SC) 762

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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