The National Green Tribunal (NGT) principal bench has directed the Maharashtra government to not take up any new constructions in the eco-sensitive zone (ESZ) around Matheran, the only pedestrian hill station in Asia, until concerns raised by environment groups under the eco-sensitive zone (ESZ) notification are tackled.
The NGT bench of Justice SP Wangdi and expert member Siddhanta Das was hearing an application by Bombay Environment Action Group (BEAG), filed on November 12, 2019, alleging that the state had submitted a faulty and incomplete zonal master plan (ZMP) for the ESZ, leading to violation of environment laws. ZMP refers to a detailed plan for municipal zones, area development, forest management, heritage and tourism plans — formulated by the state and approved by the Centre — to ensure a balance is struck between development projects and their environmental impacts.
The order passed on February 13 and published earlier this week stated: “We direct the state of Maharashtra not to take up any new construction on the Matheran ESZ in contravention of the (ESZ) notification dated February 4, 2003.”
The ZMP was supposed to be submitted under the ESZ by 2005. However, the Union environment submitted the same to the NGT in July 2019, after a 15-year delay. Based on BEAG’s 2016 application, the NGT had in August 2019 imposed a fine of Rs27 lakh on the Union environment ministry for the 15-year delay and faulty submission of the ZMP. NGT had also told BEAG that they could submit a fresh application if they had any issues with the final plan submitted by the state, following which the environment body moved the tribunal on November 19.
{{/usCountry}}The ZMP was supposed to be submitted under the ESZ by 2005. However, the Union environment submitted the same to the NGT in July 2019, after a 15-year delay. Based on BEAG’s 2016 application, the NGT had in August 2019 imposed a fine of Rs27 lakh on the Union environment ministry for the 15-year delay and faulty submission of the ZMP. NGT had also told BEAG that they could submit a fresh application if they had any issues with the final plan submitted by the state, following which the environment body moved the tribunal on November 19.
{{/usCountry}}The tribunal said that apart from representatives from the Centre, Maharashtra Pollution Control Board and the Matheran Hill Station Municipal Council, other respondents including the Maharashtra government; forest department; Mumbai Metropolitan Region Development Authority (MMRDA), planning authority for Matheran; and the district collector (Raigad) did not appear before the bench despite reminders. Representatives from the state government have been directed to be present for the next hearing on March 24.
RA Rajeev, metropolitan commissioner, MMRDA said, “The earlier case regarding Matheran was disposed by NGT after we submitted all plans through the urban development department. The fresh notice for the hearing was received late and so we could not present our submissions. The current order has been passed until the next hearing.”
“There are several constructions threatening ecology already existing in Matheran that were built based on the incomplete ZMP, a violation which was identified before the tribunal. Based on this, the NGT has ordered a halt on new constructions,” said Sanjay Upadhyay, environmental lawyer and counsel for the petitioners.
Matheran, which covers an area of 214.73sqkm with an ESZ ranging from 0-200m around it, houses a population is 4,393, according to the 2011 census. Motorised transport is prohibited in the hill station.