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2023 Supreme(Online)(NGT) 548

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
BOMBAY ENVIRONMENT ACTION GROUP – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Petitioner: SANJAY UPADHYAY
For the Respondent:

ORDER

1. The issue for consideration is non-forest development activities in the ‘forest alike areas’ called ‘Vansadrushya’ in Mahabaleshwar and Panchgani Region in Maharashtra in violation of the Forest (Conservation) Act, 1980, as defined in the Supreme Court judgements. The applicant seeks demolition of structures illegally constructed in the above areas without following the procedure prescribed under the provisions of Forest (Conservation) Act, 1980. According to the applicant, the Zonal Master Plan/Regional Plan prepared for Municipal Council areas of Mahabaleshwar and Panchgani under section 15(1) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) specifies the ‘Forest Alike’ areas. The area was declared Eco Sensitive Zone as per notification dated 17.01.2001. However, the ‘High Level Monitoring Committee’ in its meeting held on 29.02.2016 held that the area may not be treated as ‘Forest Area’ till completion of process for identification. This decision is in conflict with the judgment of the Hon’ble Supreme Court in T.N. Godavarman Thirumalpad Vs. Union of India & Ors, (1997) 2 SCC 267.

2. The matter was earlier considered by this Tribunal vide order dated 13.3.2

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