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2024 Supreme(Online)(NGT) 4553

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 eco-sensitive zone prohibited without prior environmental, wildlife, ESZ clearances; precautionary principle mandates halting noise/habitat disruptive activities; polluter pays for damage assessment.

Headnote:(A) Environment (Protection) Act, 1986; Wildlife (Protection) Act, 1972 - Sections 38O, 38V; EIA Notification, 2006 - Schedule 7(a); ESZ Notification dated 09.08.2017 - Expansion of airstrip in eco-sensitive zone within 200m of tiger reserve core boundary and buffer area prohibited without prior environmental clearance, wildlife clearance from NBWL/NTCA, and ESZ permissions - Commercial construction within 1km of protected area boundary banned; tree felling, excavation without approvals violative - Precautionary principle mandates cessation of activities causing noise pollution, habitat disruption to keystone species - Polluter pays principle applies for environmental damage assessment (Paras 4, 7, 9, 14, 50).

(B) Sustainable development - Ecocentrism over anthropocentrism; core tiger habitats inviolate; buffer zones essential for dispersal, gene flow - Aircraft operations generate noise, emissions disrupting wildlife navigation, reproduction, movement; detailed impact studies on fauna required prior to execution (Paras 3, 13, 18, 49).

Facts of the case:
Public Works Department initiated expansion of unreserved airstrip from 1200m to 1800m in eco-sensitive zone, 162-200m from tiger reserve core boundary, without environmental clearance, wildlife clearance, ESZ approvals - Involved earthwork on 800m, tree felling (333 trees), excavation (57,328 m³ soil), structures; under regional connectivity scheme for 19-seater commercial flights - Expert Committee confirmed violations, work halted since Dec 2022.

Findings of Court:
Project violates ESZ prohibition on commercial construction within 1km, lacks mandatory clearances; high tiger/prey density area critical for ecosystem integrity - Halt all activities; explore alternative sites; undertake fauna impact studies; obtain NBWL/NTCA clearances; environmental damage assessment via reputed institute.

Issues: Whether airstrip expansion in ESZ/buffer without clearances permissible; impact of noise/emissions on wildlife; compliance with precautionary/polluter pays principles.

Ratio Decidendi: Expansion impermissible sans prior clearances; core areas inviolate, buffers indispensable for conservation - Activities causing irreversible ecological harm to prohibited; restoration, compensation mandatory under polluter pays.

Result: Application allowed; no restart without clearances; alternative site exploration directed; damage assessment ordered.

Table of Content
1. airstrip expansion violates esz near tiger reserve (Para 1 , 2 , 4 , 6)
2. prohibited commercial construction in esz without clearances (Para 3 , 5 , 7 , 8 , 9)
3. precautionary principle protects tiger habitats (Para 10 , 11 , 12 , 13)
4. site inspection confirms violations and work halt (Para 14)
5. noise pollution threatens core zone wildlife (Para 15 , 16 , 17 , 18)
6. wlpa mandates inviolate tiger core areas (Para 19 , 20 , 21)
7. eia requires airport environmental impact studies (Para 22 , 23 , 24 , 25 , 26)
8. respondents confirm mandatory clearances needed (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41)
9. ntca clearance essential for buffer zone projects (Para 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
10. halt work pending clearances; assess damages (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. 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 UN

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