JUDGMENT :

Dhananjaya Y Chandrachud, J.

This judgment has been divided into the following sections to facilitate analysis:

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 construction. Further, by its judgment dated 29 July 2021, the NGT dismissed an application for review⁷[Review Application No 26 of 2021] which had been filed by the appellant.

B Eco-sensitive Zone Notification and Zonal Master Plan 2030

2 The appellant is the owner of a certain parcel of land situated in Mount Abu in the State of Rajasthan. The appellant claims that the land was earmarked as “Residential” and as a “Tourist Facility” in the Zonal Master Plan 2025 for Mount Abu.

3 On 25 June 2009, the Union Government in the Ministry of Environment, Forest and Climate Change⁸[“MoEF&CC”] issued a Notification⁹[“ESZ Notification”] by which it notified Mount Abu and the area surrounding it as an ESZ. The ESZ Notification was issued in exercise of powers conferred by sub-Section (1) read with Clause (v) and Clause (xiv) of Section 3(2) of the Environment (Protection) Act 1986¹⁰[“EP Act”] and Rule 5(3) of the Environment Protection Rules 1986. The preamble to the ESZ Notification contains recitals emphasizing the ecological importance of Mount Abu:

“S.O.1545(E) - WHEREAS, Mount Abu area has significant ecological importance comprising of tropical dry deciduous forests at lower altitude and evergreen forests at higher altitude and the flora and fauna of the region comprise of several endemic and rare species; besides Mount Abu has natural heritage such as Nakki Lake and man-made heritage like Dilwara temples and other heritage buildings and structures;

AND WHEREAS, considerable adverse environment impact has been caused due to degradation of the environment with excessive soil erosion and water and air pollution on account of certain developmental activities, thereby endangering not only the natural resources, but also affecting the health and very survival of living beings;

AND WHEREAS, it is necessary to conserve and protect the area from ecological and environmental point of view;

AND WHEREAS, a draft notification under sub-section (1) read with clause (v) and clause (xiv) of sub - section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) was published in the Gazette of India, Extraordinary, vide Notification of Government of India in the Ministry of Environment and Forests vide number S.O. No. 2497 (E), dated the 22nd October, 2008, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public;

AND WHEREAS, copies of the Gazette containing the said notification were made available to the public on the 22nd October, 2008;

AND WHEREAS, all objections and suggestions received in response to the above mention