National Green Tribunal
Capt Brajesh Bharadwaj vs State Of Madhya Pradesh on 26 July, 2022
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.452/2022
Capt. Brajesh Bharadwaj ....Applicant
Versus
State of Madhya Pradesh ...Respondent
Date of hearing: 26.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a Letter Petition received by Post.
ORDER
1. 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.
2. In view of the averments made in the application, it would be appropriate to have a factual and action taken report from a Joint Committee comprising of the Regional Office of MoEF & CC, Bhopal, Principal Chief Conservator of Forest (HoFF), Director, Pench Tiger Reserve Seoni, Madhya Pradesh, State PCB and District Collector, Chhindwara, Madhya Pradesh. The Joint Committee shall meet within four weeks, undertake site visits, look into the grievances of the applicant, verify the factual position and take requisite remedial action by following due process of law. State PCB will be the Nodal agency for coordination and compliance.
3. Factual and action taken report may be furnished within two month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
4. List the matter for further consideration on 17.10.2022.
5. A copy of this order, along with a copy of application and documents attached with the same, be forwarded to Regional Office of MoEF & CC, Bhopal, Principal Chief Conservator of Forest (HooF), Director, Pench Tiger O.A. No.452/2022 Capt. Brajesh Bharadwaj Vs. State of M.P. -3- Reserve Seoni, Madhya Pradesh, State PCB and District Collector, Chhindwara, Madhya Pradesh by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM July 26, 2022 AG