The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the acquisition of land spanning an entire village approximated to be over 600 acres in Kandati Valley, Satara district in Maharashtra by a GST Commissioner in Gujarat.
The Petition is registered suo-moto on the basis of the news item dated 18.05.2024.
The news item states that the officer and his family have purchased the entire village of Jhadani village near Mahabaleshwar.
It alleges that the villagers of the area have been informed that their land is being acquired by the Government.
The news item highlights the various threats that this action has brought upon to the natural resources and the environment. These violations are having serious consequences, including the loss of biodiversity, air and water pollution, and climate change.
It states that there is already considerable damage to the environment in the interior areas due to unauthorized construction, digging, and cutting of trees, illegal roads, and power supply from the forest border. Furthermore, from the past three years, illegal construction, large-scale mining, and excavation have been going on in the neighborhood. However, no action has been taken against the same.
The above news item indicated Bench violation of the provisions of the Environment Protection Act, 1986 and the Forest (Conservation) Act, 1980.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Maharashtra Pollution Control Board, Through its Member Secretary.
ii. Central Pollution Control Board, Through its Member Secretary.
iii. Ministry of Environment, Forest and Climate Change of India.
iv. Principal Chief Conservator of Forest, Maharashtra.
v. Collector & District Magistrate, Satara District .
The Bench issued notice to the Respondents.
Since the matter relates to the Western Zonal Bench, Pune, therefore, the Bench transferred the matter to the Western Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Western Zonal Bench and the matter is listed on 06.09.2024.