National Green Tribunal
Capt Brajesh Bharadwaj vs State Of Madhya Pradesh on 17 October, 2022
Item No.04 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(Through Physical Hearing with Hybrid VC Option)
Original Application No.452/2022
Capt. Brajesh Bharadwaj ....Applicant
Versus
State of Madhya Pradesh ...Respondent
Date of hearing: 17.10.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in person.
Respondents: Mr. Raghav Sharma, Advocate for State of
Madhya Pradesh.
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 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 O.A. No.452/2022 Capt. Brajesh Bharadwaj Vs. State of M.P. -2- 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. Vide order dated 26.07.2022 this Tribunal constituted a Joint Committee comprising of the Regional Officer 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 and directed the same to 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 within two months.
3. In compliance thereof Mr. H. K. Sharma, Zonal Officer, MPSPCB has sent the report of the Joint Committee by email vide letter dated 13.10.2022.
4. The applicant, who has appeared before this Tribunal through VC, seeks time to file his response to the report of the Joint Committee.
5. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Madhya Pradesh through Chief Secretary, Government of Madhya Pradesh, (2) Representative of Regional Office of MoEF & CC, Bhopal, (3) Principal Chief Conservator of Forests (HoFF), O.A. No.452/2022 Capt. Brajesh Bharadwaj Vs. State of M.P. -3- Government of Madhya Pradesh, (4) Director, Pench Tiger Reserve Seoni, Madhya Pradesh District Magistrate,(5) State PCB, (6) District Collector, Chhindwara, Madhya Pradesh and (7) Mr. Rajesh S/o Mr. Mohali, village Avargani Riyyat, Patwari Halka Turia, Tehsil Kurai, District Seoni, who stand impleaded as respondents No. 1 to 7 The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 and 3 to 7 requiring them to file their reply/response within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. Notices be served on Project Proponent- Mr. Rajesh S/o Mr. Mohali, through the District Collector, Chhindwara, Madhya Pradesh and for this purpose notices issued to the Project Proponents be sent to the District Collector, Chhindwara, Madhya Pradesh by E-mail for getting service of the same effected on them and sending his report in this regard.
7. Mr. Raghav Sharma, Advocate accepts notice on behalf of the State PCB and seeks time to file reply/response on behalf of State PCB.
8. The State PCB is directed to take appropriate remedial action with reference to the violation noticed in the report of the Joint Committee for ensuring requisite compliance with environmental norms. Reply/response and Action Taken Report on behalf of State PCB be filed within two months as directed above.
9. In the facts and circumstances of the case we also consider to appropriate to have a rapid Environment Impact Assessment Report from O.A. No.452/2022 Capt. Brajesh Bharadwaj Vs. State of M.P. -4- the State Forest Research Institute, Jabalpur regarding impacts of the constructions raised/activities carried out by the Project Proponent on wildlife. Accordingly, we direct the State Forest Research Institute, Jabalpur to make requisite inspection of the site in question and carry out impact assessment and submit its report within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The requisite expenses to be incurred by the State Forest Research Institute, Jabalpur will be borne by the Forest Department of State of Madhya Pradesh. The PCCF (HoFF), Madhya Pradesh is required to ensure necessary fund to SFRI, Jabalpur for this task.
10. The applicant may also file its objections/ response to the report of the Joint Committee within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
11. List the matter for further consideration on 07.02.2023.
12. A copy of this order alongwith copies of the application and Report of the Joint Committee be sent to the State Forest Research Institute, Jabalpur and a copy of this order be sent to the PCCF (HoFF), Government of Madhya Pradesh, State PCB, District Collector, Chhindwara, Madhya Pradesh by email for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM October 17, 2022 AG