The Bombay high court (HC) on Thursday directed an interim monitoring committee appointed by the Ministry of Environment and Forest and Climate Change (MoEFCC) to decide on a plea by former Nationalist Congress Party (NCP) MLA Suresh Lad seeking to temporarily lift the Ecologically Sensitive Zone (ESZ) status of Matheran in a bid to enable small vehicles to bring in essential commodities for the 4,500 residents of the hill station. The committee has been asked to take a decision by May 15 while petitioners have been asked to raise objections, if any, against the decision by May 16.

A single bench of justice SJ Kathawalla, while hearing the public interest litigation (PIL), was informed by advocate Gaurav Parkar that Matheran depends on tourism to earn a living, but since the lockdown was imposed the business has stopped. It was further informed that hand cart pullers and horse carts used to carry goods to the town were not available, and urged the court to allow small vehicles to visit the town with essential commodities.
The state said that after 2003 when Matheran was declared an ESZ, MoEFCC was directed to form a monitoring committee, with a two-year tenure each, to oversee the needs of the residents vis-à-vis ecological impact of vehicular activities. However, even as the tenure of the last committee ended, no new committee was formed. The state asked that MoEFCC should be asked take a decision on the same as the state does not have an authority to decide on the issue.
On Thursday, additional solicitor general Anil Singh submitted an affidavit filed by Lalit Bokolia, director in the MoEFCC, which stated that an interim committee has been formed under the chairmanship of Konkan Divisional Commissioner on May 13 which would decide on the application of the petitioner. The affidavit further stated the committee would have a tenure of six months and that a full-fledged committee would be formed in three months.
{{/usCountry}}On Thursday, additional solicitor general Anil Singh submitted an affidavit filed by Lalit Bokolia, director in the MoEFCC, which stated that an interim committee has been formed under the chairmanship of Konkan Divisional Commissioner on May 13 which would decide on the application of the petitioner. The affidavit further stated the committee would have a tenure of six months and that a full-fledged committee would be formed in three months.
{{/usCountry}}After perusing the affidavit, justice Kathawalla observed, “While the decision to restrict vehicles in Matheran was taken in 2003 in the spirit of protecting ecological balance of Matheran ESZ, one cannot lose sight of the fact that in the current situation, it is also extremely essential to balance an individual’s right to procure with ease basic essentials and food supplies required to sustain life, which is at the very core of Article 21 of the Constitution.”
He further observed, “A via media needs to be arrived at, whereby a vehicle is allowed to reach the core area of Matheran with essential supplies/goods on a regular basis and at the same time also ensure that such vehicles follow pollution norms so as to protect the ESZ of Matheran.”
The petition has been placed for further hearing on May 16.
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