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2025 Supreme(Online)(NGT) 184
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
Dinesh Kumar Singh, DR. SATYAGOPAL KORLAPATI, JJ
HRISHI JAIN – Appellant
Versus
DIVISIONAL FOREST OFFICER – Respondent
22/2025 / PUNE
For the Petitioner: ANUKUL SETH
For the Respondent:
Construction in Eco-Sensitive Zones requires approval from the Ministry of Environment; without challenging the local authority's approval, the application cannot proceed.
Headnote:(A) Environment Protection Act, 1986 - Notifications dated 17.01.2001 and 29.04.1983 - Construction activities in Eco-Sensitive Zone - Application filed to stay construction and replant felled trees - Court found that construction was approved by local authority and no illegal activity was established - Approval must be challenged through appropriate proceedings. (Paras 1-8)
(B) Jurisdiction - Original Application cannot lie unless the approval granted by the authority is set aside - The court emphasized that the legality of construction hinges on the validity of the approval. (Paras 6-8)
Facts of the case:
The applicant sought to stay construction by Mountvalley Properties LLP, alleging illegal felling of trees without an approved Master Plan. The applicant cited notifications requiring such approval for construction in the Eco-Sensitive Zone.
Findings of Court:
The court observed that the construction was approved by the local authority and that the applicant must challenge this approval through proper legal channels.
Issues: The main issues were whether the construction was illegal due to lack of a Master Plan approval and the proper legal recourse for challenging the approval.
Ratio Decidendi: The court ruled that without setting aside the approval granted by the local authority, the Original Application cannot proceed, emphasizing the necessity of following appropriate legal procedures.
Result: Application disposed of.
ORDER
1. This application has been filed with the prayers that the construction of respondent No.7- Mountvalley Properties LLP, which is going on, at Plot No.80/1, Khinger Road, Panchgani, Taluka Mahabaleshwar, District Satara, by felling of trees may be stayed; a direction may be issued to respondent No.7 to replant all the trees felled by it; respondent No.5- Municipal Council of Panchgani may be directed to disclose on oath all plans, proposals and permissions granted to respondent No.7 for illegal felling of trees and constructions at the site in question etc.
2. It is submitted in this application by the applicant that respondent No.7- Mountvalley Properties LLP is raising construction of a building, Plan of which is annexed at page no.31 of the paper book, which shows the total BUA of the said construction to be 519.75 sq. mtrs. at the Plot No.80/1, Khinger Road, Panchgani, Taluka Mahabaleshwar, District Satara, which is illegal because no Master Plan has been approved by the Ministry of Environment and Forest.
3. Learned senior counsel for the applicant has drawn our attention to the Notification dated 17.01.2001, which is annexed as Annexure- A-1 at page nos.19 to 23 of the paper book, wherein following activities are proposed to be regulated in the Eco-Sensitive Zone:-
“(a) Zonal Master Plan:-
(i). Master plan for the entire Zone shall be prepared by the State Government and approved by the Ministry of Environment and Forests in the Government of India within a period of two years from the date of publication of this notification. The Master Plan shall be published by following a procedure similar to that prescribed under the Maharashtra Regional and Town Planning Act 1966. The Master Plan shall clearly indicate those limited areas where industries may be permitted.
(ii). --------------------------------------------------------------------------------------
(iii). The areas within and outside Mahableshwar and Panchgani municipal areas shall have Sub-Zonal Master Plans which may he prepared by the State Government as a component of the Zonal Master Plan and concurrence of the Ministry of Environment and Forests shall be obtained on this.
This Sub-Zonal Master Plan shall include building regulations for the gaothan areas.
(iv). Pending the preparation of and approval by the Ministry of Environment and Forests to the Zonal Master Plan and Sub-Zonal Master Plans referred to above, there shall be no increase in the existing parameters of permissible Floor Area Ratio; permissible height, Permissible maximum number of storeys and permissible ground coverage; and there shall also be no reduction in the Forest Zone/Green Zone/Agricultural Zone. Absolute height of buildings shall not exceed 9 metres and number of storeys shall not exceed ground plus one.”
4. Thereafter, learned senior counsel for the applicant has drawn our attention to the Notification dated 29.04.1983, which is annexed at page no.24 of the paper book, wherein following are recorded:-
5. Having drawn our attention to the above-mentioned two Notifications, it is urged by learned senior counsel for the applicant that in the Notification dated 29.04.1983, area of Mahabaleshwar Panchgani Region is shown to be 237.28 sq. kms. and by the Notification dated 29.04.1983, for any activities such as setting up of industries, operations, processes and other developmental activities, a Master Plan for the entire Zone was required to be prepared by the State Government, which would be approved by the Ministry of Environment and Forests within a period of two years from the date of publication of the Notification. Further, in Clause Nos.(iii) & (iv) of the said Notification, it is recorded “The areas within and outside Mahableshwar and Panchgani municipal areas shall have Sub-Zonal Master Plans which may he prepared by the State Government as a component of the Zonal Master Plan and concurrence of the Ministry of Environment and Forests shall be obtained on this” and “pending the prepa
