Nilesh Suresh Chavan vs State Of Maharashtra Through Revenue ... on 6 April, 2023
Firecrackers clearly fall
[NPJ] Page 1 of 4
under the Explosives Act 1884 and are hazardous in nature; they emanate
sound and foul gases and fine particles in the atmosphere......" With
respect to the applicability of even draft notification to be given the same
value as that of final notification, he has placed reliance on the judgment
of this Tribunal dated 27.02.2019 passed in Original Application
No.105 of 2018 (Indian Council for Enviro-Legal Action Vs. Ministry
of Environment, Forest and Climate Change & Ors.), wherein in
paragraph No.3, it is stated that "We are of the considered opinion that
since the final notification for Eco-sensitive zone of Tansa Wildlife
Sanctuary has not been notified till date, the Eco-sensitive zone will,
therefore, extend to 10 km. distance from the boundary of Tansa Wildlife
Sanctuary and therefore operation of all the brick kilns, Commercial
Mining, Stone quarrying and Crushing units, setting of industries causing
pollution, use of production or processing of any hazardous substances will
be prohibited within 10 km Eco-sensitive zone of Tansa Wildlife
Sanctuary.....".