National Green Tribunal
Dr. Arun Kumar Sharma vs Ministry Of Environment, Forest And ... on 19 January, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 312 of 2016
(M.A. Nos. 569/2016 & 570/2016)
IN THE MATTER OF :
Dr. Arun Kumar Sharma Vs. MoEF & CC & Anr.
CORAM : HON'BLE MR. JUSTICE U.D.SALVI, ACTING CHAIRPERSON
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present:
Applicant Mr. Jhun Jhun Sahran, Adv. in M.A. No.
543/2017
Ms. Nina R. Nariman and Mr. Anchit Kaushal,
Advs. Applicant in Main matter
Respondent No. 1: Mr. Balendu Shekhar, Mr. Sriansh Prakash, Mr.
and Mr. Raj Kumar Maurya, Advs.
Mr. Shiv Mangal Sharma, AAG, Mr. Saurabh Rajpal and Ms. Shikha Sandhu, Advs. for State of Rajasthan Mr. Nishit Agrawal, adv for Mr. Pragnesh Shah Mr. Pinaki Misra, Sr. Adv., Mr. Nishit Agrawal and Mr. Kushagra Pandey, Advs.
Mr. Puneet Jain and Mr. Abhinav Gupta, Advs. Mr. Pinaki Misra, Sr. Adv., Mr. Nishit Agrawal and Mr. Kushagra Pandey, Advs.
Date and Orders of the Tribunal
Remarks
Item No.
14 M. A. No. 570/2016
January Delay occurred in filing the present application is
19, 2018
sought to be condoned by the applicant. jg The present application has been filed to seek cancellation of Zonal Master Plan 2030 for Mount Abu on account of its threat to the Eco Sensitive Zone at the Mount Abu on 27-05-2016 Parties are at consensus that cause of action for the present application first arose when the Zonal Master Plan, 2030 for Mount Abu came into effect on 29-10-2015 and six months period therefrom is the time prescribed within which any application under Section 14 of NGT Act, 2010 has to be filed and the said period expires on 29-04- 2016.
Thus, we have to consider whether there is any sufficient cause for condoning the delay which has occurred in filing of this application. Item No. 14 The applicant submits that his is a resident of January Mount Abu and has been actively involved in the 19, 2018 ecological preservation of Mount Abu and the fact of the said Zonal Master Plan coming into effect came to his notice only through his friend Mr. Kashyap Jani, an owner of Saraswati Hotel in Mount Abu in March, 2016 and his pre-occupation in to looking after his 87 year old mother ailing from Rheumatoid Arthiritis, Rheumatoid Iriditis, post glaucoma blindness prevented him from contacting his legal counsel and eventually resulted in delay in preferring the present application. He submits that his mother is entirely dependant on him for support and care.
Learned Counsel appearing on behalf of the intervener- Mr. Pragnesh Shah r/o Anand, Gujarat invites our attention to his written submission supported by the affidavit dated 01-08-2017 (page 513-533 Vol. I-B) and submitted that the applicant is well known journalist actively involved in environmental issues pertaining to Mount Abu and is also the member of First Monitoring Committee set up under the Central Empower Committee of the Hon'ble Supreme Court of India and it is for this reason that it is inconceivable that the notification brining Zonal Master Plan, 2030 issued on 29-10-2015 widely published in local newspaper /electronic media would not have come to the knowledge of the applicant in the manner stated in the delay condonation application.
Law permits filing of the application within 6 months of the first accrual of the first cause of action. Law does not say anything the individuals desire to initiate about a legal action should start from accrual of Item No. 14 the first cause of action. Many a times even inconceivable January things happen and go into making of human actions. The 19, 2018 applicant has given the reasons about he being engaged in his obligation to look after his 87 year old mother who is also blind. It is possible that individual may completely devote himself both physically or mentally to lookafter mother .
We, therefore cannot rule out the possibility that the applicant could not contact his legal counsel due to his preoccupation with his old ailing mother. sufficient cause for condoning the delay has been given. Delay is condoned.
M. A. No. 570/2016 stands disposed of accordingly. Learned Counsel appearing on behalf of the respondent no.2 State of Rajasthan submits that they have clarified their stand vis-à-vis the Master Zonal Plan 2010 in Affidavit dated 25-10-2017 and have annexed the description of the designated green area/forest lands land use plan for Mount Abu Eco Sensitive Zone, 2010 proposed land use plan for Mount Abu Eco Sensitive zone 2030 annexure A-1 to the affidavit. He submits that having shown the green areas in the proposed land use plan of Mount Abu Eco Sensitive Zonal Plan 2030 the grievance made by the applicant no more survives.
Learned Counsel appearing for the applicant, however refutes this contention. She admits that the applicant has no quarrel about the land use plan of Mount Abu Eco Sensitive Zone 2010, however, the land use plan for Mount Abu Eco Sensitive Zone 2030 fails to show all the green areas which were earlier shown in plan of 2010. Item No. 14 She submits that she will be placing on record the written January submissions in that regard. We, therefore, direct the 19, 2018 applicant to prepare a plan showing the areas which were shown as green area in the plan of 2010 but not shown in the plan of 2030 and also the areas which according to the Eco Sensitive Zone notification ought to be shown as green zone distinctly and place such map/plan on record before us on the next date of hearing.
List the matter on 30th January, 2018.
..........................................,ACP (U.D. Salvi) ..........................................,EM (Dr. Nagin Nanda)