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2024 Supreme(Online)(NGT) 4058

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Brajesh Kumar Bharadwaj – Appellant
Versus
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: Mr. Brajesh Kumar Bharadwaj (Applicant in Person)
For the Respondents: Ms Parul Bhadoria, Adv., Dr. Sapna Aggarwal, Adv., Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.)

Airstrip expansion in tiger reserve ESZ/buffer requires prior EC, NBWL/NTCA clearance; commercial construction/tree felling prohibited within 1km of core; precautionary principle mandates halt absent permissions to protect wildlife habitat.

Headnote:(A) Environment (Protection) Act, 1986; Wildlife (Protection) Act, 1972 - Sections 38V, 38O(1)(g); EIA Notification, 2006 - Schedule 7(a); ESZ Notification dated 09.08.2017 - Expansion of airstrip within eco-sensitive zone of tiger reserve and 200m from core boundary prohibited without prior environmental clearance, wildlife clearance from NBWL/NTCA, and ESZ permissions - Commercial construction within 1km of protected area boundary banned; tree felling without permission violative; noise, air pollution from operations threaten wildlife navigation, reproduction, habitat integrity (Paras 3, 6, 7, 14, 48-49). Precautionary principle mandates anticipatory action to prevent irreversible ecological harm; ecocentrism prioritizes habitat protection over development (Paras 13, 68-69).

(B) Polluter Pays Principle - Violation cases require environmental damage assessment by reputed institute; compensation for degradation recovered from project proponent; restoration of damaged ecosystem essential (Paras 14, 50(v)).

Facts of the case:
Public Works Department initiated expansion of unreserved airstrip from 1200m to 1800m within eco-sensitive zone of tiger reserve, 162-200m from core boundary, inside biosphere reserve - Work involved excavation (57,328 m³ soil), felling 333 trees without permissions; aimed at regional connectivity for 19-seater commercial flights - Expert Committee found violations of ESZ, EIA, wildlife norms; work halted since Dec 2022 pending approvals.

Findings of Court:
Expansion constitutes prohibited commercial activity; no statutory clearances obtained; high tiger/prey density indicates severe impact; alternative sites outside protected areas recommended; detailed wildlife/avian impact studies mandated pre-execution.

Issues: Whether airstrip expansion in ESZ/buffer zone violates clearance requirements; adequacy of permissions for tree felling, excavation, operations; ecological risks from noise, pollution, habitat disruption near core zone.

Ratio Decidendi: Projects in tiger reserve buffer/ESZ require prior EC (Category A), NBWL/NTCA wildlife clearance, ESZ monitoring committee scrutiny; prohibitions on commercial construction/tree felling absolute within 1km; inviolate core demands strict protection; precautionary principle prevails over development absent clearances (Paras 47-50).

Result: Application allowed - Work cessation ordered till clearances obtained; environmental damage study mandated; application disposed.

Table of Content
1. airstrip expansion violates esz and threatens tiger habitat. (Para 1 , 2 , 3 , 4 , 6)
2. requires mandatory ec, wildlife clearance, and esz compliance. (Para 5 , 7 , 8 , 9)
3. precautionary principle prioritizes ecology over development. (Para 10 , 11 , 12 , 13)
4. expert committee confirms violations and recommends halt. (Para 14)
5. noise pollution and habitat disruption endanger core zone. (Para 15 , 16 , 17 , 18)
6. wlpa protects tiger reserves as inviolate ecosystems. (Para 19 , 20 , 21)
7. eia mandates category a clearance for commercial airstrips. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33)
8. respondents confirm halt pending statutory permissions. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41)
9. orders halt, clearances, studies, and compensation. (Para 50 , 51 , 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. The 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 ex

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