National Green Tribunal
Mr. Suresh Marotrao Yeole vs The Ministry Of Environment Forest And ... on 4 December, 2025
Item No.3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
ORIGINAL APPLICATION NO.151 OF 2025 (WZ)
Mr. Suresh Marotrao Yeole
.....Applicant
Versus
MoEF&CC & Ors.
....Respondents
Date of hearing: 04.12.2025
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER
Applicant : Ms. Esheta Lunkad, Advocate along-with
Mr. Chetan Nagare, Advocate
Respondents : Mr. Yash Dewal, Advocate for R-15
Ms. Druti Datar, Advocate for R-16
ORDER
1. This Original Application has been filed by the applicant with the prayers that a direction may be issued to the Respondent Authorities to demolish the illegal structures raised by Respondents No.15- Mr. Pratap Sarnaik and Respondent No.16- the Pratap Sarnaik Infrastructure Pvt. Ltd. and further direct to restore the project area, i.e. land bearing Survey Nos.97 and 98, situated at village Chene, Thane, which lies within the Eco-Sensitive Zone of Sanjay Gandhi National Park; a direction may be issued to Respondent No.5- MPCB and Respondent No.6- SRO, Thane to assess and calculate the Environmental Damage Compensation (EDC) in respect of unauthorized and illegal construction in the project area, to be levied from the Project Proponent, etc. Page 1 of 6
2. Learned counsel for the applicant has drawn our attention to the Notification dated 05.12.2016 issued by the Ministry of Environment, Forest & Climate Change regarding declaration of Eco-Sensitive Zone of Sanjay Gandhi National Park (SGNP), wherein in para no.(3) at sub-clause
(c) (iii), it is mentioned "till the Zonal Master Plan is approved, development for eco-tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee". In para no.5 of the said Notification, Monitoring Committee is described as below:-
"Monitoring Committee- (1) The Central Government for effective monitoring of the Eco- sensitive Zone, hereby constitutes a Monitoring Committee, which shall comprise of the following, namely:-
(a) Municipal Commissioner/ Additional Municipal Commissioner, Municipal Corporation of Greater Mumbai (MCGM).
(b) Chief Conservator of Forests and Director, Sanjay Gandhi National Park.
(c) Additional Municipal Commissioner, Municipal Corporation of Thane
(d) Deputy Collector Mumbai Suburban District.
(e) Deputy Collector, Thane District
(f) Deputy Collector, Palghar District
(g) One representative of Non-Governmental Organisation working in the field of environment to be nominated by the Government of Maharashtra for a term of one year in each case.
(h) One expert in the area of ecology and environment to be nominated by the Government of Maharashtra
(i) Regional Officer, Maharashtra State Pollution Control Board, Mumbai/Thane.
(j) Town Planning Officer, Mumbai/Thane/Palghar.
(k) Assistant Conservator of Forest (L.R.P.) Thane. Page 2 of 6
(l) Member of State Biodiversity Board
(m) Deputy Conservator of Forests, Thane Forest Division"
3. Further, learned counsel for the applicant has drawn our attention to page nos.68-69 of the paper book, which is a part of the above Notification, in which at serial no.10 under the head Regulated Activities, following is mentioned:-
"
"
4. Thereafter, learned counsel for the applicant has drawn our attention to page no.81 of the paper book of the above Notification, in which at serial no.20., whole area of the Village Chene is recorded to be an Eco-sensitive Zone.
5. Having drawn our attention to the above paragraphs of the said Notification, it is urged by learned counsel for the applicant that Respondent No.15- Project Proponent had applied for Commencement Certificate before Respondent No.7- MBMC for the construction of 50 Bungalows having G+1 Floor, for an area admeasuring 7350.50 Sq. Mtrs,, on the land bearing Survey Nos.97 & 98, situated at village Chene, Thane. Thereafter, Respondent No.7 granted the same on 23.06.2020, wherein at Page 3 of 6 paragraph no.48, a condition was stipulated that Project Proponent to obtain No-Objection Certificate from the Eco-Sensitive Zone Committee of Sanjay Gandhi National Park.
6. Thereafter, learned counsel for the applicant has further urged that in the 26th meeting of the Respondent No.11- Sanjay Gandhi National Park Eco-Sensitive Zone Committee dated 12.04.2023, on Agenda No.5, the proposal of Respondent No.15- Project Proponent, in respect of the construction in the ESZ area of Sanjay Gandhi National Park, was discussed at length. In the said minutes of the meeting, it has been recorded that construction permission for construction of residential building, consisting of recreational activities, club house, naturopathy center and multi-purpose hall, has been sought. The proposed construction admeasuring 70,396.27 Sq. Mtrs. is exceeding the bar of 20,000 Sq. Mtrs and thus all the necessary permissions in accordance with the EIA Notification, 2006 and ESZ SGNP Notification, 2016 are required. Further, necessary permissions from the National Board of Wildlife are also required and the same has been intimated to the Project Proponent on 11.01.2023. Thereafter, the Project Proponent had applied to the ESZ Committee of Sanjay Gandhi National Park, in which it was resolved by the Committee Members that, since the construction of the project is exceeding the criteria of 20,000 Sq. Mtrs., it is necessary for the Project Proponent to obtain all the necessary permissions from the NBWL as per the ESZ SGNP Notification dated 05.12.2016 and thereafter, the Committee would consider the application of the Project Proponent for the issuance of the said permission.
7. In view of above, it is alleged by learned counsel for the applicant that Respondent No.15- Project Proponent without obtaining consent from Respondent No.14- National Board for Wildlife (NBWL) applied for revised Page 4 of 6 Commencement Certificate before Respondent No.7- Mira Bhayander Municipal Corporation (MBMC) and the same was granted on 18.08.2023, wherein craftily permission for construction of an area admeasuring 19,896.12 Sq. Mtrs. (FSI) was granted, which would consist of 3 types of Guest Houses, a restaurant, a banquet hall, a naturopathy center and a toilet block. It is evident that, Respondent No.15 intended to construct a luxurious resort in the ESZ area of Sanjay Gandhi National Park, under the garb of original permissions of residential constructions.
8. Further, learned counsel for the applicant has urged that the sanctioned area of the project admeasures 19,896.12 Sq. Mtrs., which is only FSI area. Therefore, as the said area excludes Non-FSI area, the built- up area would certainly cross the bar of 20,000 Sq. Mtrs. Further, no Zonal Master Plan for the eco-sensitive zone around Sanjay Gandhi National Park has been made by the State Government of Maharashtra. Further, Respondent No.16, which is a Private Limited Company established by Respondent No.15- Project Proponent, is continuing the construction of the proposed luxurious resort, without obtaining Environmental Clearance from the Respondent No.3- SEIAA, and without obtaining permissions/consent from the Respondent No.13- ESZ Committee of Sanjay Gandhi National Park and Respondent No. 14- NBWL.
9. In view of above observations, we deem it appropriate to admit this application and accordingly admit the same.
10. Registry is directed to issue Notice to the Respondents, returnable within 04(four) weeks.
11. Applicant is directed to take necessary steps for service to the Respondents by both ways (Dasti as well as by Registered Post) and also Page 5 of 6 on available e-mail/WhatsApp., and submit service affidavit within one week.
12. Applicant is also directed to supply copy of the application and relevant documents to the Respondents within a week.
13. Respondents are directed to submit their reply affidavits within four weeks through e-filing and also circulate the same to the applicant and also the other Respondents by available e-mail.
14. Rejoinder, if any, is directed to be submitted within one week thereafter.
15. Put up this matter for further consideration on 12.02.2026.
Dinesh Kumar Singh, JM Dr. Sujit Kumar Bajpayee, EM December 04, 2025 ORIGINAL APPLICATION NO.151 OF 2025 (WZ) P.Kr.
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