SHIVAJI SURYABHAN SANGLE Vs. THE UNION OF INDIA

JUDGEMENT

(1.) ORIGINALLY , Applicant Shivaji Suryabhan Sangle filed Writ Petition No. 6060 of 2009 before the Hon'ble High Court of Judicature Bombay, Bench at Aurangabad. The Writ Petition was transferred to this Tribunal by Order of Hon'ble High Court dated 30th September 2013. The Writ Petition was, thereafter, registered as Application U/s. 14(1)(2) read with sections 15 and 18 of the National Green Tribunal Act, 2010, as a result of transfer of the Writ Petition.

(2.) BRIEFLY stated, case of the Petitioner is that in Karjat Taluka, District: Ahmednagar, there is sanctuary of Maldhok i.e. Great Indian Bustard, which is declared as one amongst the protected species of birds and therefore, no project activity can be undertaken in the area of the forest land. Respondent No. 7 is an Industry dealing in transportation of Industrial gas through underground pipe line. Respondent No. 7 proposed to lay down a metallic pipeline through lands within area of the protected Great Indian Bustard Sanctuary i.e. Maldhoks of Taluka Karjat one (1) mtr, deep below the earth. Respondent No. 7 cannot be permitted to lay down such pipelines through forest and sanctuary area of the Great Indian Bustard Sanctuary. When inquiry was made to the Respondent Nos. 5 and 6, the Petitioner received evasive replies about the permission sought by the Respondent No. 7 and such kind of permission granted in favour of Respondent No. 7. Tahsildar of Karjat directed the petitioner to contact Respondent No. 7 in order to know whether such permission was obtained for purpose of laying down the pipeline as required. So also, Respondent No. 4 failed to give required information sought by the Petitioner. Respondent Nos. 1 to 6 failed to prohibit Respondent No. 7 from laying down pipeline through Great Indian Bustard sanctuary within the area of Karjat Taluka without following due procedure of Forest Law. The project of laying down such pipeline has caused disturbance in the nearby area, damage to the forest life, endangered the environment as well as life of the protected birds i.e. Great Indian Bustard. The Petitioner alleges that if such kind of activity is not arrested at proper time, it will result in the irreparable loss to the forest life. Consequently, the Petitioner sought mandatory injunction against the Respondent No. 7 to stop the work of laying down underground pipeline in protected sanctuary of Taluka Karjat and other forest lands within Karjat and Shrigonda Talukas of Ahmednagar District.

(3.) BY filing reply -Affidavit of Arun Pawar, Tahsildar of Karjat, Respondent No. 5 resisted the petition. According to Respondent No. 5, underground pipeline of the Respondent No. 7 goes through Karmala, Karjat and Shrigonda Talukas of Ahmednagar District through private agricultural lands, besides other lands in other Districts where the Great Indian Bustard Sanctuary within territory of Maharashtra is situated. It is stated that the work carried out by Respondent No. 7 Company does not come within domain of Respondent No. 5 and as such is not controlled by it. In other words, Respondent No. 5 is unconcerned with the project work of the laying down pipeline and therefore, has no concern with the same.