BHARAT KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) IN an endeavour to protect the environment of the Mount Abu Eco Sensitive Zone declared vide Notification dated 25.6.2009 issued under Section 3(2) of the Environment (Protection) Act, 1986, a detailed order was passed by this court on 2.9.2014, in compliance of which the progress report has been filed by the learned Additional Advocate General on 27.10.2014 annexing therewith a list of the constructions, which have been prohibited since first week of September, 2014 alongwith report of details of seizure of nine vehicles including an oil/water tanker No. RJ -24GA/2482 carrying the construction material, in accordance with the provisions of law.

(2.) IT is reported that the revalidation of the permission from the Monitoring Committee is not feasible, as the Monitoring Committee appointed in the notification approved by Hon'ble Supreme Court has ceased to continue after 24.1.2014, however, all on going constructions have been stopped and this prohibition will continue until further orders by the competent authority. The Monitoring Committee has held fortnightly meetings to execute the directions of the court. The meetings have been held on 13.9.2014, 19.9.2014 and thereafter on 10.10.2014 at Sirohi Collectorate to review the progress and the compliance. So far, 147 permissions have been granted by the Monitoring Committee in its meeting, out of which, 12 pertained to Government projects, 97 for renovations. A total number of 18 out of reported 38 constructions, done over and above the permissible parameters, have been demolished. Of the remaining 17 constructions made beyond the permissible limits are yet to be removed, and in 3 cases matters are pending before the competent courts. The lists have been filed as Annexs. A to E.

(3.) IT is further reported that the Municipal Board, Mount Abu has launched a drive so as to remove 103 illegal and unauthorized roadside encroachments. About 40 encroachments were reported in Khasra No. 492 of village Salgaon of Abu Sub Division in the year 1995, which were registered in the court of Tehsildar, Abu Road. The Tehsildar has ordered the trespassers to remove the encroachments by order dated 31.8.1996. These encroachments were made on the forest land for which the present status has been sought from the Dy. Conservator of Forest, Mount Abu.