ORDER

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1. Grievance in this application is against order dated 16.03.2021 of the Department of Local Self Government, Rajasthan, Jaipur, permitting a Committee headed by Sub Divisional Officer, Mount Abu to decide on the layout plans for constructions and also allowing deemed permissions in default of decision after 15 days of the application. The order is reproduced below:

(cid:147)In compliance of the Union Ministry of Environment and Forest(cid:146)s notification no. 20-I/2005-IA-III dated 25.06.2009 point no. 4, the monitoring committee chaired by the Divisional Commissioner, Jodhpur had decided that the permission for entry of building construction material would be ensured through the medium of Sub- Divisional Officer, Mount Abu for Mount Abu municipal area. As assured by the Hon(cid:146)ble Minister, Department of Local Self Government in the Rajasthan legislative assembly in this matter, the following committee is hereby constituted to give the above mentioned permission while changing the existing procedure:

1. Sub-Divisional Officer, Mount Abu - Chairperson

2. Chairman, Municipal Board, Mount Abu - Member

3. Commissioner/E.O., Municipal Board, Mount Abu - Member Secretary For entry of construction material in Mount Abu, Sub- Divisional Officer will issue the tokens after site inspection is conducted following the receipt of application in the determined format. After that, the aforementioned committee will decide on the building layout plan (map) in the application through unanimous consensus in 15 days. If in 15 days after getting the complete information/documents from the applicant, the committee does not decide (and the case is not sent to the state government), deemed permission will be applicable and accepted. If the committee does not form unanimous consensus in any case, the case will be referred to the state government for decision while informing the applicant. The applicant will be informed immediately about the acceptance/rejection of his application in accordance with the decision of state government.(cid:148)

2. Main contention on behalf of the applicant is that the order is in direct conflict with the order of this Tribunal dated 10.03.2021 in OA No. 312/2016, Dr. Arun Kumar Sharma v. Ministry of Environment, Forest & Climate Change & Anr. and other connected matters. By the said order, this Tribunal considered the validity of Zonal Master Plan, 2030 (ZMP 2030) for the Mount Abu Eco-sensitive Zone (ESZ) and held that the same was incompatible with the Mount Abu ESZ Notification, issued under the EP Act, 1986. It was directed that the ZMP was required to be revised with restrictions/prohibitions against constructions consistent with the ESZ Notification. Thus, no construction either expressly or by way of (cid:145)deemed permission(cid:146) can be granted in violation of such restrictions/prohibitions by the constituted Committee. The operative part of the order is reproduced below:

(cid:147)23. Object of notifying certain areas as eco-sensitive zones is to protect certain specified sensitive areas by restricting and regulating development activities around such areas. Such areas may be species based, geo-morphologic feature based or eco system based. It is necessary to protect bio-diversity zones by creating regulated buffers around them to protect their flora and fauna, to prevent habitat destruction and to protect fragile ecology. Regulatory measures include different land use patterns, regulation of different activities including industries. Such protection is particularly required around national parks, wildlife sanctuaries and areas of peculiar ecology and habitat etc. to minimize negative impact of activities proposed to be restricted/regulated. For restriction/regulation Master Plan has to be prepared by involving Wildlife Department, Environment Department and Revenue Department having regard to broad based thematic areas. Activities to be restricted are pollution causing activities or activities hav