(1.) HEARD the learned Counsel for all the parties exhaustively.
(2.) THE petitioners in this public interest petition contend that there is large-scale illegal construction activity and deforestation in the Mahabaleshwar-Panchgani region, resulting in widespread environmental and ecological damage to these two hill stations and the area around them. It is the case of the petitioners that the provisions of the Regional Plan for Mahabaleshwar-Panchgani (1984-2001) are being violated and that construction is being carried on in breach of the provisions of the Building Bye Laws and Development Control Rules. The petitioners further contend that agricultural land is being extensively used for non-agricultural purposes such as hotels, holiday homes, luxurious private bungalows. The petitioners also contend that the forests of the Mahabaleshwar-Panchgani region are being depleted at an alarming rate and that there are continuing non-forest activities being carried on in forest areas and which are not being curbed. The petitioners have also submitted that the natural and man-made heritage of Mahabaleshwar and Panchgani need to be protected and preserved. The petitioners therefore filed this petition on 15th May 1997 seeking orders and directions for the protection of the environment of Mahabaleshwar-Panchgani.
(3.) RULE was issued on 23rd June 1997 and, till further orders, the State Government was directed to form a committee comprising-1) Mr. Arun Bhatia, Commissioner, Pune Division. (2) Mrs. Vandana Khullar, Collector, Satara District. (3) Mr. G. S. Pantbalekundri, Officer on Special Duty, BMRDA (formerly Deputy Secretary, Urban Development Department and former Deputy Director of Town Planning) (4) Mr. J. G. Keskar (retired Director of Town Planning.) (5) Mrs. Asha Javdekar, Deputy Director of Town Planning, Poona Division. (6) Col S. Mohite (retired ). The above Committee was to find out -- (a) Illegal construction and deforestation in the hill station of Mahabaleshwar and in the Mahableshwar-Panchgani region. (b) Purchase or use of the land in violation of the land Revenue Code or Regional Town Plan for the Mahableshwar-Panchgani region. (c) Violation of Building Bye-laws and Development Control Rules for Mahableshwar Panchgani region. (d) Measures for preventing deforestation and to protect the forest from encroachment. (e) To find out construction of ostensible farmhouses in uncultivated agricultural lands. The Committee was directed to submit a report within eight weeks suggesting remedial measures. Respondent Nos. 2, 5 and 6 were directed to take immediate action to prevent construction of building in violation of any statutory provisions including its limit for construction at a particular height as well as user of the basement. The learned Advocate General appearing on behalf of the State submitted that, according to the Bye-Laws, basement cannot be used for the purpose of restaurant or as a dining hall and that it can only be used for car parking or storage of goods. In view of the aforesaid statement, respondent No. 2 was directed to issue necessary orders and directions to see that violation of the Bye-Laws or the Rules is immediately prevented.