SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(NGT) 294

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. JUSTICE SHEO KUMAR SINGH, HON’BLE DR. AFROZ AHMAD, JJ
brajesh kumar bharadwaj – Appellant
Versus
state of madhya pradesh – Respondent
188/2023 / BHOPAL



Advocates:
Mr. Brajesh Kumar Bharadwaj (Applicant in Person), Ms Parul Bhadoria, Adv., Dr. Sapna Aggarwal, Adv., Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.)

Expansion of airstrip within eco-sensitive zone requires mandatory environmental and wildlife clearances, violating prohibitions under the Wildlife (Protection) Act and Eco-Sensitive Zone Notification.

Headnote:(A) Wildlife (Protection) Act, 1972 - Section 38(0)(1)(b) - Environmental Impact Assessment Notification, 2006 - Eco-Sensitive Zone Notification dated 09.08.2017 - Expansion of Pachmarhi airstrip within 200m of Satpura Tiger Reserve - Project violates prohibitions on commercial construction and requires mandatory environmental and wildlife clearances - Noise pollution and habitat disruption concerns raised regarding endangered species - Project halted until necessary permissions obtained. (Paras 1-52)

Facts of the case:
The Public Works Department of Madhya Pradesh initiated the expansion of the Pachmarhi airstrip, located within the eco-sensitive zone of the Satpura Tiger Reserve, without obtaining necessary environmental and wildlife clearances, leading to concerns about ecological disruption and endangerment of wildlife. (Paras 1-6)

Findings of Court:
The court found that the expansion project violates the Eco-Sensitive Zone Notification and the Wildlife (Protection) Act, necessitating immediate cessation of work until all required clearances are obtained. (Paras 50-51)

Issues: The main issues included whether the expansion of the airstrip violated environmental laws and the potential impact on wildlife and the ecosystem. (Paras 4-5)

Ratio Decidendi: The court emphasized that the expansion of the airstrip within the eco-sensitive zone is prohibited without proper clearances, highlighting the importance of protecting endangered species and maintaining ecological balance. (Paras 50-52)

Result: The project is directed to cease until all necessary permissions are obtained, and alternative sites for the airstrip are to be explored. (Paras 50-52)

JUDGMENT

1. The Public Works Department of Madhya Pradesh started the expansion of the 1200 meter unreserved Pachmarhi air strip, which is in the eco- sensitive zone of Satpura Tiger and aggrieved by the above construction and expansion of the project, this application has been moved with the prayer that the project for expansion of the 1200 meter unreserved Pachmarhi air strip to 1800 meter which is located within 200 meter of the nearest protected area boundary of Satpura Tiger Reserve, construction of RCC building needs to be ceased to safeguard the sensitive area and restoration effort of the ecology of the region must be undertaken immediately. It is further prayed that strict action must be taken against the project proponent and officials for their callous attitude towards the law-endangered wildlife and environment.

2. T he Satpura Tiger Reserve is one of the most vital Reserves for survival of tiger and this area has historically been renowned for one of the largest habitats of Tiger. Gaur and Sambhar. At least 14 endangered species of mammals, birds and reptiles inhabit these forests, the flying squirrel, Indian giant squirrel and Leaf nosed bats must be regarded among the most sensitive to habitat changes. Moreover, the airstrip is located within the Pachmarhi hills which was declared a Biosphere Reserve in the year 2009 by UNESCO for its wide range of rare flora and fauna present in the hills.

3. Such expansion shall gravely disrupt the natural movement of the wildlife present due to the proximity of the airstrip to the core area of the Satpura Tiger Reserve i.e., within 200 m. The noise generated from the landing, take-off and movement of aircrafts and helicopters would result in difficulty for the wildlife to use sound for navigation, finding food, mating, and avoiding predators, affecting many animals’ ability to survive. Engine run- up procedures for short take-off and landings, as well as the deployment of aircraft engine reversers during landings will produce exceptionally loud noise. The noise will have an impact on the migratory and reproductive habits of the endangered animals and birds in the vicinity. Fuel emissions from aircraft engines and lights below 1000 feet will pollute and impact the ecosystem and result in an increase in pollution in the area. Further, pits dug for expansion would collect water during ongoing monsoon, alluring (violation of wildlife protection act 1972) the wildlife towards the pseudo ponds and affect their safety. In the event of an accident or incident that causes the aircraft to crash/skid in the forest and catch fire, the fire would almost certainly spread rapidly and become uncontrollable due to the terrain, destroying the flora and wildlife.

4. Issue raised in this application is expansion of a non-functional Pachmarhi airstrip (Dimensions 3936 X 200 and Aerodrome Reference Point ARP GPS Coordinates-E 78°24′ N 22°27') owned by Madhya Pradesh state government located within 200 m from the nearest Protected Area boundary of the Satpura Tiger Reserve falling in the eco-sensitive zone (ESZ), i.e.. Pachmarhi hills in Narmadapuram district of Madhya Pradesh. and inside UNESCO Biosphere Reserve of Pachmarhi. The expansion is in violation of the Eco- Sensitive Zone Notification of Satpura Tiger Reserve dated 9.08.2017 which prohibits any commercial construction to take place within 1 km from the protected area. Further, even if the said project is allowed to be continued, it is operating without obtaining the mandatory Environmental Clearance from the Ministry of Environment, Forest & Climate Change (MoEF&CC) and the Wildlife Clearance from the Standing Committee of National Board for Wildlife and National Tiger Conservation Authority (NTCA). The decision to allow such project will be disastrous to the long-term survival of tiger species and the ecosystem. The tiger is listed as a protected species in "Schedule I" of the Indian Wildlife (Protection) Act of 1972, as well as in the Conv

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top