PRAGNESH SHAH Vs. ARUN KUMAR SHARMA

JUDGEMENT

(1.) This judgment has been divided into the following Sec. to facilitate analysis:

(2.) The appellant is the owner of a certain parcel of land situated in Mount Abu in the State of Rajasthan. The appellant claims that the land was earmarked as "Residential" and as a "Tourist Facility" in the Zonal Master Plan 2025 for Mount Abu.

(3.) On 25/6/2009, the Union Government in the Ministry of Environment, Forest and Climate Change, "MoEF&CC", issued a Notification, "ESZ Notification", by which it notified Mount Abu and the area surrounding it as an ESZ. The ESZ Notification was issued in exercise of powers conferred by sub-Sec. (1) read with Clause (v) and Clause (xiv) of Sec. 3(2) of the Environment (Protection) Act 1986, "EP Act" and Rule 5(3) of the Environment Protection Rules 1986. The preamble to the ESZ Notification contains recitals emphasizing the ecological importance of Mount Abu: