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 13.3.2019. After giving the particulars of the forest areas and the prohibition applicable against any non-forest activity therein, it was observed:

“8. In view of law laid down by the Hon’ble Supreme Court in T.N. Godavarman Thirumalpad Vs. Union of India & Ors. (supra), once the area is ‘deemed forest’ as per the ordinary dictionary meaning, irrespective of whether it is so recorded as such or not, Forest (Conservation) Act, 1980 is attracted. No non-forest activity in such area can be permitted in violation of law. All the permissions granted may have accordingly to be reviewed in the light of the judgment of the Hon’ble Supreme Court T.N. Godavarman Thirumalpad Vs. Union of India & Ors. (supra) and the notification of the MoEF & CC dated

17.01.2001, declaring the area to be Eco-sensitive zone.

9. For this purpose, we direct constitution of a Joint Committee comprising of representatives of Chief Conservator of Forest, Kolhapur and Divisional Commissioner, Pune. The Committee may look into this aspect and compile information about the extent of area which is covered by the expression ‘forest’ in the light of the judgment of Hon’ble Supreme Court, in the area in question. The Chief Conservator of Forest, Kolhapur will be the nodal agency for coordination and compliance. It is open to the parties to present their respective versions within two weeks before the Committee from today. The Committee may give its report within three months.”

3. The matter was further considered on 03.12.2019. After referring to the earlier interim orders of the Tribunal dated 08.09.2016 and 22.3.2017 against constructions in forest alike areas, it was observed that only action required is to identify the encroachments and enforce the law. Accordingly, the Tribunal directed the Mahabaleshwar Hill Station Municipal Council, the Panchgani Hill Station Municipal Council, the District Collector, Satara and the Chief Conservator of Forest (CCF), Kohlapur, to file a report about the action taken in the matter. In the course of consideration, the Tribunal observed:

“3. Order dated 22.03.2017 reveals that map showing ESZ in the entire Panchgani and Mahabaleshwar identifying the forest, forest alike/Vanasadrushya areas were available. It had been recorded clearly that the only action that was required to be taken thereafter was to identify the structures or encroachments for the purpose of the Forest (Conservation) Act, 1980 with reference to the maps of the areas which were admittedly available. Direction was thus issued upon the Regional Officer of the MoEF &CC to hold a meeting on 6th & 7th April, 2017 with the District Collector, Satara, the Mahabaleshwar Hill- station Municipal Council, the Panchgani Hill-station Municipal Council, the District Forest Officer, Town Planning Department,