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7. In recent order dated 10.03.2021 in O.A. No. 312/2016, Dr. Arun Kumar Sharma v. MoEF&CC & Anr., in the context of Mount Abu eco-sensitive zone, the Tribunal considered the study of area to sustain building and other activities and conditions subject to which the same could be permitted to give effect to the objective of the ESZ Notification. The Committee appointed by the Tribunal while giving its report also made recommendations for carrying capacity study to determine the number of tourists and vehicles to be permitted in the said eco-sensitive zone. The Tribunal accepted the report and directed further action by Monitoring Committee as follows:-

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27. Accordingly, we accept the report of the Committee and direct that the ZMP 2030 may be duly modified in the light thereof. The revision of the ZMP may be undertaken by the concerned authorities, in consultation with the nine- member Committee constituted by this Tribunal vide order dated 07.11.2019. ZMP may be finalized within three months from today, covering all aspects in detail, and duly published in the official gazette. We may particularly mention that where land holding is less than 2500 meters, the built-up area should be allowed on pro-rata basis, in consonance with the Farmhouse norms where application of such norms has been recommended by the Committee. Apart from giving effect to the recommendations regarding ban and restrictions on construction, protection of rocks in terms of the recommendations by not permitting the ropeway or sport climbing may be ensured. The status of the construction, as on date of ESZ Notification, be duly compiled and placed in public domain and any construction in violation of ESZ Notification be removed. All land parcels where Expert Committee has permitted construction be properly demarcated on map as well as on ground by pucca pillars, after duly leaving the distance for buffers as per ESZ notification. The information be put in public domain. All blank patches of lands within the ESZ be greened up by the Municipal corporation. Buffers around drains, wetlands and forest be duly maintained and protected. The authorities may ensure proper functioning of STP and its connectivity to the sewer lines, utilization of treated sewage, management of solid waste and overall environmental quality. We direct that consideration of NOC by the Forest Department should be prompt and a decision must be taken within one month from the date of the application, failing which the officer delaying the matter should be held accountable. Subject to these directions, the applicants or any other aggrieved party will be at liberty to give their suggestions to the Member Secretary, State PCB for consideration by the Committee. The members of the Committee will be deemed to be co-opted in the statutory Monitoring Committee under the ESZ Notification, till finalization of the ZMP."

8. Thus, as earlier directed vide order dated 19.03.2020, there is need to undertake carrying capacity of eco sensitive areas in all the States/UTs. Inspite of such need, such studies do not appear to have been undertaken. We reiterate our direction for this course of action being adopted in a time bound manner to enforce the 'Sustainable Development' and 'Precautionary' principles which the Tribunal is expected to apply in giving directions under Section 15 of the NGT Act, 2010.

9. In the first instance, such study may be undertaken for atleast one eco-sensitive area in every State/UT. As per report of the CPCB, only one such study has been undertaken so far and that too, only rapid assessment, using available data. Further detailed study to determine steps necessary for protection of the said ESZ is yet to be undertaken. During the hearing, learned Counsel for CPCB stated that while such studies for all eco sensitive areas are necessary, it may be difficult for CPCB alone to undertake such exercise. It is suggested that such studies be got conducted by the concerned States/UTs by associating concerned experts and handholding may be provided by the MoEF&CC.

10. Accordingly, we direct that such exercise may be got conducted by concerned State/UT to be coordinated by a joint Committee comprising State PCB, Secretary/ Director Environment and Chief Wildlife Warden. The nodal agency will be Secretary/Director, Environment for coordination and compliance. The said joint Committee may determine the mode of carrying out such study and the composition of the Committee for accomplishing the task. In doing so, it may be desirable to associate nominees of reputed Institutions, which have earlier been associated with such exercise, like G.B. Pant Institute of Himalayan Environment & Development, Almora, Forest Research Institute, Dehradun, ICFRE, Dehradun, Wadia Institute of Himalayan Geology, Dehradun and School of Planning and Architecture, New Delhi. The first phase may be completed within six months and next phase in further six months. The ESZ Expert Committee of the MoEF&CC may provide necessary guidance by holding periodical video conferences and issuing appropriate guidelines on the subject. In the light of such carrying capacity studies, the respective Master Plans of the eco sensitive areas in question be modified on the pattern of our directions in O.A. No. 312/2016, Dr. Arun Kumar Sharma, supra."