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AND WHEREAS, copies of the Gazette containing the said notification were made available to the public on the 22nd October, 2008;

AND WHEREAS, all objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Central Government;

Now, THEREFORE, in exercise of the powers conferred by sub-section (1) read with clause (v) and clause (xiv) of sub - section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) and sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies Mount Abu and surrounding region enclosed within the boundary described below in the State of Rajasthan as the Mount Abu Eco-sensitive Zone (hereinafter called "the Eco-sensitive Zone").” 4 The ESZ Notification was preceded by a draft to which objections and suggestions were invited. The ESZ Notification outlines the boundaries of the ESZ in which activities are to be regulated. The Notification envisages the preparation of a new Zonal Master Plan11 for the restoration of denuded areas, conservation of existing water bodies including Nakki Lake, management of catchment areas, “ZMP”  PART B watershed management, groundwater management, soil and moisture conservation, preserving the needs of the local community, conservation of heritage sites (both natural and cultural) and their surroundings, and such other aspects of the ecology and environment which may require attention. Clause 3(1)(i) of the ESZ Notification, in relation to the preparation of the ZMP, is extracted below:

11 The reconstituted Committee then submitted the Expert Committee Report. The Expert Committee enquired into the change in land use through high resolution satellite images, while analysing the data with particular reference to ten identified sites, including the appellant‟s land. The NGT then heard submissions on the Expert Committee Report. By its impugned judgment dated 29 July 2021, the NGT observed that the Expert Committee Report was based on authentic data and on field visits by the Committee and is supported by adequate reasons. The NGT noted that the object of notifying certain areas as ESZs is to protect certain specified sensitive areas by restricting and regulating development activities. Such areas may be based on species, geomorphologic features or on the eco-system. The NGT held that it was necessary to protect bio-diversity zones by creating regulated buffers around them to protect their flora and fauna, prevent habitat destruction and protect fragile ecology. Adverting to the backdrop of the ESZ Notification, the NGT noted that the Supreme Court had in T.N. Godavarman v. Union of India & Ors.14 (“T.N. Godavarman”) appointed Expert Committees to identify ESZs across India, and when such ESZs were eventually identified, Mount Abu was cleared as an ESZ as well. The NGT further observed that the object of notifying ESZs is to protect a Writ Petition No 202 of 1995  PART C specified area from the irreversible degradation of its environment with a view to give effect to the principles of sustainable development, inter-generational equity and the public trust doctrine in exercise of powers conferred by Section 3(2)(v) of the EP Act.

3) and the EP Act (Entry 5). There can be no manner of doubt that the original application filed by the first respondent before the NGT in the present case implicated a substantial question relating to the environment. The „substantial question‟ arose from the provisions contained in the ESZ Notification in relation to the ESZ in Mount Abu. The ESZ Notification traces its origin to the EP Act, under which the Union Government through MoEF&CC is empowered to issue it. In the exercise of its jurisdiction, the NGT is empowered under Section 15(1)(c) to provide for the restoration of the environment in such area or areas. The ESZ Notification in Clause 3(1) provides for the ZMP for the ESZ in this context. Assessing the conformity of the ZMP 2030 with the terms of the ESZ Notification is clearly within the remit of the NGT.

32 The precautionary principle envisages that the State cannot refuse to act to preserve the environment simply because all the scientific data may not be available. If there is some data to suggest that environmental degradation is possible, the State must step into action to prevent it from taking place. Indeed, it was this thought that compelled this Court in T.N. Godavarman (supra) to direct the State to identify ESZs across India, so that steps can be taken to identify areas where there is a greater possibility of environmental degradation and a plan is put in place to prevent such degradation before it actually makes the harm irreversible. 33 Mount Abu was identified as an ESZ, under the ESZ Notification. The reason for doing this is because the State recognized that environmental degradation of the fragile eco-system is a real possibility in Mount Abu and the area surrounding it if action is not immediately taken. A significant amount of soil erosion, air and water pollution has already taken place due to the developmental activities. The recitals in the ESZ Notification recognize the ecological importance of Mount Abu since it  PART H contains both tropical dry deciduous forests and evergreen forests; its flora and fauna comprise of several endemic and rare species; and it also contains not only natural heritage such as Nakki lake but also man-made heritage sites such as the Dilwara temples. The ESZ notification required, inter alia, the State of Rajasthan to prepare the ZMP 2030, so as to ensure that future development activity in the region could be planned while accounting for potential environmental degradation, following the precautionary principle. The ESZ notification is backed by a statutory mandate of Union legislation. The Notification is an enforceable charter for the preservation of the fragile eco-system of Mount Abu. Every authority is duty bound to comply with its terms and any action in breach must peril invalidation.