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Item No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONE BENCH, BHOPAL

(Through Video Conferencing)

Original Application No.92/2023(CZ)

(O.A.No.452/2022- PB)

Captain Brajesh Bharadwaj

Applicant(s)

Versus

State of Madhya Pradesh & Ors.

Respondent(s)

Date of Hearing : 15.09.2023

Date of uploading : 21.09.2023

CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HON'BLE DR. A SENTHIL VEL EXPERT MEMBER

For Applicant(s):

Applicant in Person

For Respondent(s) :

Mr. Mehul Bhardwaj, Adv.

Dr. Sapna Agarwal, Adv.

Ms. Parul Bhadoria, Adv.

Regional Officer, Jabalpur

ORDER

1.

Article 21, 48 (A) and 51(A) (g) of the Constitution of India provides a

mandate to the State and citizen of India to protect and improvement of

environment and to safeguard the Forest and Wildlife of the country and

to have compassion for leaving creatures. Precautionary Principles have

been accepted on the part of the Law of the Land. The Precautionary

Principle makes it mandatory for the State Government to anticipate,

prevent and attack the causes of environmental degradation.

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2.

The applicant has sent the present letter petition, which has been treated

and

registered

as

original

application,

complaining

about

Mega

construction activities in Eco-Sensitive Zone of Pench Tiger Reserve Seoni,

Madhya Pradesh roughly 200 meters from the core area boundary at

Awarghani Rayyat village, Khawasa buffer near Turiya Gate, Madhya

Pradesh. The applicant has submitted that a huge artificial pond is being

constructed and the mud from the same is being used to create a hill

slope (12ft. high) around the border wall running across several acres. The

construction site is surrounded by a high fencing secured to the cemented

boundary wall and is being monitored by flying drone over the same. The

construction violates various provisions of the Gazette Notification dated

O.A. No.452/2022 Capt. Brajesh Bharadwaj Vs. State of M.P. -2-

06.11.2019 of Eco-sensitive Zone (ESZ), Pench Tiger Reserve Seoni,

Section 38V-3(b) and Section 38(o) (1) (g) of the Wildlife Protection Act,

1972,. Vehicular pollution is being caused by emissions from construction

vehicles plying in ESZ. Heavy earth moving machinery in operation also

blows huge cloud of dust to nearby core area of park. Mud from the

nearby construction will clog Nala flowing adjacent to the site. The area

very close to the core area boundary is being diverted for ecologically

unsustainable uses and the high mud slope barriers will obstruct tiger

dispersal and will also affect their breeding habitant within protected area.

3.

The matter was taken up by this Tribunal on 26.07.2022 and after

considering the facts as narrated by the applicant, this Tribunal constitute

a committee with directions as follows :

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―In view of the averments made in the application, it

PDF and not in the form of Image PDF.”

4.

In compliance of the order following officers of the department were

nominated to visit the site and submit the report.

S.N.,

1.

Name of the Nominated

Officer & designation

Representing

Pradeep

Vasudeva.

APCCF,

Working

Plan,

Forest

Department Jabalpur.

PCCF

(HOPF),

Forest

Department, MP

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Dr. I-EVC Chary, Guntapalli,

Scientist

E,

Integrated

Regional

Office,

MoEF&CC

Bhopal.

Regional

Office,

MoEF8sCC, Bhopal

_

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B.P. Tiwari, Deputy Director,

Pench Tiger Reserve, Seoni

Field

Director,

Pench

Tiger

Reserve, Stool

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4.

O.P. Sanodiya,

ADM,

Chhindwara

Collector

Chh indwara.

5.

H.K. Ghorrnare, SDI& Rural,

Seoni

Collector Seoni.

6. H.X.Sharma,

Zonal Officer,

MPPCS, Jabalpur

MPPCB, Bhopal

5.

Members of the Committee in compliance of the order visited the site and

submitted the report, which is as follows :

―1.

also present.

The Disputed Site Location Detaihn

2.1 The disputed site in question, where illegal construction

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hectares.

3 .0 Site Inspection Information:

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Annes.•u