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1. This application challenges the Zonal Master Plan, 2030 (ZMP 2030) for the Mount Abu Eco-sensitive Zone (MA ESZ). Further prayer is for constitution of an Expert Committee to review the said plan.

2. Averments in this Application are that vide Notification dated 25.06.2009, issued by the MoEF under the provisions of the Environmental (Protection) Act, 1986, Mount Abu was designated as Eco-Sensitive Zone (ESZ). The Notification mentions that the area has significant ecological importance. It comprises of tropical dry deciduous forests at lower altitude and evergreen forests at higher altitude. Flora and fauna of the region comprise of several endemic and rare species. Besides, Mount Abu has natural heritage such as Nakki Lake and man-made heritage like Dilwara temple apart from other heritage buildings and structures. The Notification notes that adverse impact has been noticed due to degradation of environment with excessive soil erosion on account of water and air pollution and volcanic activities endangering natural resources and affecting health and survival of human beings. The Notification gives boundaries of the ESZ wherein the activities are to be regulated by preparation of a ZMP for the restoration of denuded areas, conservation of existing water bodies including Nakki Lake, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, needs of local community, conservation of heritage sites (both natural and cultural) and their surroundings and such other aspects of the ecology and environment that may need attention.

3. The ESZ notification further provides that the ZMP shall demarcate all the existing village settlements, tribal areas including tribal hamlets, types and kinds of forests, agricultural areas, fertile land, green areas, horticultural areas, orchards, lakes and other water bodies, natural heritage sites including points (such as Sunset Point) and man-made heritage sites, steep slopes, drainage channels, first order streams, ground water, recharge areas and areas rich in ground water, spring recharge areas, spring lines and other environmentally and ecologically sensitive areas and no change of land use from green uses such as orchards, horticulture areas, agriculture parks and other like places to non-green uses shall be permitted in the ZMP, except that strictly limited conversion of agricultural lands may be permitted to meet the residential needs of the existing local residents together with natural growth of the existing local population, without the prior approval of the State Government. Further, no change in use of land from tribal uses to non-tribal uses shall be permitted without the prior approval of the State Government. With regard to tourism, it is specifically mentioned that a detailed carrying capacity study was to be carried out by the State Government based on existing infrastructure "and not on future projections" of any project that may require environmental or forest clearance. Mount Abu has natural sites such as Nakki Lake, Toad rock, rock formations, waterfalls, pools, springs, gorges, caves, points, walks etc. and plans for their conservation in their natural setting shall be incorporated in the ZMP and Sub-Zonal Master Plan. Strict guidelines shall be drawn up by the State Government to discourage construction activities at or near these sites including in the garb of providing tourist facilities. The general pool reserve areas in the zone shall be reserved. According to the Applicant, the rare species of wildlife are under serious threat by unregulated and impressible developmental activities.

8. The State of Rajasthan has also opposed the application. Reference has been made to the order of the Hon'ble Supreme Court dated 19.09.2004 in W.P. (C) No. 202 of 1995, T. N. Godavarman vs. Union of India, constituting a committee comprising of three members in consultation with the Central Empowered Committee(CEC), pending issuance of ESZ. After the ESZ notification, order dated 19.08.2011 was passed by the Hon'ble Supreme Court in T.N. Godavarman Thirumulpad Vs. Union of India, (2011) 14 SCC 390 at page 392 to the effect that interested parties could place their response to the ZMP and the same will be finalized after considering such response. The ZMP was submitted to the MoEF for approval and notified after approval was granted. The MoEF constituted a Monitoring Committee comprising of local residents and NGOs as members. Revised committees were also constituted by the MoEF&CC vide order dated 24.01.2012 and 05.05.2015. The State Government engaged the Department of Environment Planning, School of Planning and Architecture as consultant and also consulted the concerned departments, including Environment Department, Forest Department, Tourism Department, Pollution Control Board, SDO, Mount Abu, Secretary UIT, Mount Abu, Municipal Commissioner, Mount Abu, Archaeological Department and Underground Water Resource Department etc. Public objections were also considered. A detailed study of natural and man made heritage, forest, flora and fauna, wetlands, wildlife and other environmental and ecological aspects was carried out. Issue of tourist promotion has been duly addressed. No development has been proposed in the forest land or on slopes of more than 20 degrees. Conservation of forest, wetland, hill slopes and green areas has been given prime importance. There is a proposal for installation of air and noise monitoring stations. There is provision for reuse of waste water, on site waste water treatment and planning and management of waste water resources.

9. This application was filed before this Tribunal on 27.05.2016. On 31.05.2016, this Tribunal directed that no fresh plan should be sanctioned for construction without specific leave of the Tribunal. In view of the said order, certain intervention applications have been filed either seeking permission for repairs, or seeking permission for constructions, claiming to be within the purview of the ESZ and ZMP. Vide order dated 30.01.2018, permission for construction for residential purposes was granted for 'Takhtawala Building' subject to consideration of slope and geological studies and there being no felling of trees and also plan being in conformity with the Hill architecture. Similar permission was also given for some other areas of Mount Abu mentioned in the order subject to the area being residential and subject to the same conditions as applicable to the 'Takhtawala building'.