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2025 Supreme(Online)(NGT) 419

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. AFROZ AHMAD, ACJ
Brajesh Kumar Bharadwaj – Appellant
Versus
The Secretary Ministry of Forest, Environment & Climate Change – Respondent
Original Application No.188/2023(CZ) | O.A.No.619/2023 - PB



Advocates:
For the Appellants/Petitioners: Brajesh Kumar Bharadwaj
For the Respondents: Ms Parul Bhadoria, Adv., Dr. Sapna Aggarwal, Adv., Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.)

Expansion of the Pachmarhi airstrip violates statutory environmental regulations, lacking necessary wildlife and environmental clearances, with critical implications for local ecosystems and endangered species.

Headnote:(A) Wildlife Protection Act, 1972 - Section 38-0; Environment (Protection) Act, 1986 - Violations in expansion of Pachmarhi airstrip - The expansion is carried out within the Eco-Sensitive Zone of Satpura Tiger Reserve, leading to severe ecological impacts. Environmental and wildlife clearances not obtained as mandated by law; project poses threats to endangered species in the vicinity. (Paras 1-50)

(B) Eco-Sensitive Zone Notification - Prohibitions on construction activities - The expansion project contravenes regulations barring commercial constructions within prescribed distance from protected areas, deemed critical for wildlife conservation. (Paras 4, 6-7)

Facts of the case:
The applicant challenged the expansion of a non-functional airstrip in an eco-sensitive zone adjacent to a protected tiger reserve. The expansion was initiated without mandatory environmental and wildlife clearances as required by law, endangering local wildlife and disrupting their habitat. (Paras 1-3)

Findings of Court:
The project must not proceed without obtaining all necessary clearances due to its ecological implications. The Court emphasized the need for compliance with wildlife protection laws. (Paras 50-51)

Issues: The main issues involved include compliance with environmental laws regarding construction in sensitive areas and the potential impact of the project on local wildlife populations. (Paras 4, 6-7)

Ratio Decidendi: The court underscored the supremacy of wildlife protection laws, reiterating that enforcement of these regulations is critical for preserving endangered species and ecosystems. The decision highlights the legal requirement for obtaining necessary clearances before proceeding with any construction activities in protected areas. (Paras 48-50)

Result: Expansion of the airstrip is prohibited until required statutory permissions are secured. The Hon'ble Tribunal mandated thorough environmental assessments and alternatives to be explored for future projects. (Paras 50-52)

Table of Content
1. viability of pachmarhi airstrip expansion within eco-sensitive zone (Para 1 , 2 , 3)
2. violation of environmental and wildlife protection notifications (Para 4 , 6 , 8)
3. effects of construction on local wildlife and ecological balance (Para 7 , 10 , 12)
4. importance of tigers as a keystone species in conservation efforts (Para 13 , 18 , 19)
5. legal requirements for obtaining clearances for projects near protected areas (Para 28 , 29 , 30)
6. directive for pause of expansion work until proper approvals are obtained (Para 50 , 51)

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 proje

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