Order of the National Green Tribunal regarding construction in Mount Abu, Rajasthan, 27/08/2021

Order of the National Green Tribunal in the matter of Bhanwar Singh Mertiya Vs Union of India & Others dated 27/08/2021.

Grievance in the application was against the order, March 16, 2021 of the Department of Local Self Government, Jaipur, permitting a Committee headed by Sub Divisional Officer, Mount Abu to decide on the layout plans for constructions and also allowing deemed permissions in default of decision after 15 days of the application.

According to the applicant, the order was in direct conflict with the NGT order, March 10, 2021 (Arun Kumar Sharma Vs Ministry of Environment, Forest & Climate Change & Others) - the Tribunal considered the validity of Zonal Master Plan, 2030 (ZMP 2030) for the Mount Abu Eco-sensitive Zone (ESZ) and held that the same was incompatible with the Mount Abu ESZ Notification, issued under the EP Act, 1986. It was directed that the ZMP was required to be revised with restrictions/prohibitions against constructions consistent with the ESZ Notification. Thus, no construction either expressly or by way of ‘deemed permission’ can be granted in violation of such restrictions/prohibitions by the constituted Committee.

The NGT, August 27, 2021 issued notice to the state of Rajasthan through the Department of Local Self Government, Jaipur to show cause why the impugned order be not quashed under Sections 14 and 15 of the NGT Act. Response, if any, has to be filed by the state of Rajasthan within one month.