IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. _____ OF 2020

APPEAL UNDER SECTION 22 OF THE NATIONAL GREEN

TRIBUNAL ACT, 2010

(Arising out of the impugned judgment and final order dated

27.10.2020 passed by the Hon’ble National Green Tribunal,
Principal Bench, New Delhi in Original Application No. 108 of
2018)
IN THE MATTER OF:-

JAMSHID KERSI DALAL ...Petitioner

VERSUS

UNION OF INDIA & ORS. …Respondents

I.A.NO…OF 2021 Application Seeking Permission to File

The Civil Appeal.
I.A.NO…OF 2021 Application For Exemption From Filing
Certified Copy of The Final Judgment And
Order.
I.A.NO…OF 2021 Application Seeking Exemption From
Filing Official Translations Of Annexures.
I.A.NO…OF 2021 Application Seeking Ad Inteirm Ex Parte
Stay.

PAPER – BOOK
[For Index Kindly See Inside]
ADVOCATE FOR PETITIONER: PAI AMIT

FILED ON: 04.01.2021

 RECORD OF PROCEEDINGS

Sr. No. Date of Record of Proceedings Pages

 INDEX
Sl. Particulars of Page No. part of which it Remarks
No. Document belongs
Part I Part II
(Contents (Contents
of paper of file
Book) along)
(i) (ii) (iii) (iv) ( v)
1. O/R on Limitation A A
2. Listing Proforma A1-A2 A1-A2
3. Cover Page of Paper A-3
Book
4. Index of Record of A-4
Proceedings
5. Limitation Report A-5
prepared by the
Registry
6. Defect List A-6
7. Note Sheet NS1 to …
8. List of Dates B-Q Q
9. Impugned Order 1-8
A true typed copy of the
the impugned judgment
and final order dated
27.10.2020 passed by the
Hon’ble National Green
Tribunal hereinafter
“NGT”), Principal
Bench, New Delhi in
Original Application
No. 108 of 2018.
10. Civil Appeal with 9-32
affidavit
11. Annexure A/1 33-35
True copy of the order
dated 08.09.2016 in OA
No. 66/2016 passed by
the Hon’ble National
Green Tribunal
hereinafter “NGT”),
Principal Bench, New
Delhi.
12. Annexure A/2 36-48
True copy of the order
dated 04.04.2019 passed
by the Hon’ble National
Green Tribunal
hereinafter “NGT”),
Principal Bench, New
Delhi in O.A. No.
108/2018 [earlier OA
No. 66/2016 (WZ)]
13. Annexure A/3 49-53
True copy of the order
dated 03.12.2019 passed
by the Hon’ble National
Green Tribunal
hereinafter “NGT”),
Principal Bench, New
Delhi in O.A. No.
 108/2018 [earlier OA
No. 66/2016 (WZ)]
14. Annexure A/4 54-55
True translated copy of
the notice dated
20.11.2020.
15. Annexure A/5 56-76
True copy of the email
dated 03.12.2020 and
letter with
acknowledgments.
16. Annexure A/6 77
True translated copy of
the acknowledgment of
the Appellant’s
representative pursuant
to survey of Appellant’s
land bearing survey no.
28/1/D.
17. Annexure A/7 78-99
The True Copy of the
email dated 16.12.2020
along with the letter
bearing the same with
acknowledgments.
18. Application Seeking 100-103
Permission to File The
Civil Appeal.
19. Application For 104-107
Exemption From Filing
Certified Copy of The
Final Judgment And
Order.
20. Application Seeking 108-110
Exemption From Filing
Official Translations Of
Annexures.
21. Application Seeking Ad 111-114
Inteirm Ex Parte Stay.
22. Letter 115
23. F/M 116
24. V/A 117
25. Memo of Parties 118-119
 A
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. _____ OF 2020

IN THE MATTER OF:-

JAMSHID KERSI DALAL ...Petitioner

VERSUS

UNION OF INDIA & ORS. …Respondents

OFFICE REPORT ON LIMITATION

1. The Petition is/ are within time.

2. The Petition is barred by time and there is a delay of _____ days

in filing the same against order dated 27.10.2020 petition for

condonation of ____ days delay has been filed.

3. There is delay of ____ days in refilling the petition and petition

for condonation of ____ days delay in refilling has been filed.

NEW DELHI
SECTION OFFICER
DATED: 04.01.21
 A-1
PROFORMA FOR FIRST LISTING
SECTION: XVII
The case pertains to (Please tick/check the correct box):
Central Act: (Title) : N. A.
Section: N. A.

Central Rule: (Title) N.A.

Rule No (s): N.A.

State Act (Title): N. A.

Section: Sections N. A.

State Rule: (Title) : N.A.

Rule No (s): N.A.

Impugned Interim Order: N. A.

Impugned final Order/Decree: 27.10.2020

High Court: N. A.

Name s of Judges: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL,

CHAIRPERSON,,HON’BLE MR. JUSTICE SHEO KUMAR SINGH,
JUDICIAL MEMBER,HON’BLE DR. SATYAWAN SINGH GARBYAL,
EXPERT MEMBER AND HON’BLE DR. NAGIN NANDA, EXPERT
MEMBER
Tribunal/Authority: (Name) Hon’ble National Green Tribunal

hereinafter “NGT”), Principal Bench, New Delhi

1. Nature of matter: Civil

2. (a) Petitioner/appellant No. 1: JAMSHID KERSI DALAL

(b) e-mail ID: N.A.

(c) Mobile phone number: N. A.

3. (a) Respondent No.1: UNION OF INDIA & ORS..

(b) e-mail ID: Not Known
(c) Mobile phone number: Not Known

4. (a) Main category classification: 15

(b) Sub classification: 1503
5. Not to be listed before: N. A.

6. (a) Similar disposed of matter with citation, if any & case details: No any

similar case Disposed of.

(b) Similar pending matter with case details : No similar pending case.

7. Criminal Matters: N.A.

a) Whether accused/convict has surrendered: N.A.
b) FIR No. – N.A.
c) Police Station – N.A.
d) Sentence Awarded: N.A.
e) Period of Sentence Undergone including Period of
Detention/Custody Undergone:
8. Land Acquisition Matters: N.A.
a) Date of Section 4 notification:N. A.
b) Date of Section 6 notification: N. A.
c) Date of Section 17 notification: N. A.
9. Tax Matters: State the tax effect: N. A.
10. Special Category (first petitioner/appellant only): N.A.
Senior citizen>65 years :N.A
SC/ST: N.A.

WOMAN: N.A

Disabled Legal Aid case: N.A.

In custody: N.A.

11. Vehicle Number (in case of Motor Accident Claim matters): N. A.

PAI AMIT
AOR for petitioner(s)/appellants(s)
CODE: 2649
[email protected]
Date: 04.01.21
 B

SYNOPSIS

The Appellant has been constrained to approach this

Hon’ble Court against the violation of his most basic right of

natural justice. The present Appeal is being filed under

Section 22 of the National Green Tribunal Act, 2010 against

the impugned judgment and order dated 27.10.2020 passed

by the Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in Original Application No. 108

of 2018 wherein the Hon’ble NGT while considering the

issue of non-forest development activities in the ‘forest alike

areas’ in Mahabaleshwar and Panchgani Region in

Maharashtra and directing for completion of the verification

process of such areas by the Respondent authorities held

that in respect of such areas as are found to be encroached in

violation of the Forest (Conservation) Act, 1980, the

Collector, Satara and the Forest Department may

straightaway proceed to remove the encroachments for

which no approval of MoEF&CC will be required, even if

 C

such area is part of the ESZ and thus has rendered the

present Appellant remediless.

It is submitted at the outset that the finding of the Hon’ble

NGT in so far as it directs that “Collector, Satara and the Forest

Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ” is contrary to the

most basic notions of natural justice wherein Appellant and

such other similarly situated agriculturalists shall be

deprived of their rightful possession of their lands in non-

compliance of procedure established by law.

The brief facts of the case are that the Appellant is the owner

and is in possession of agricultural plot bearing Survey no.

28/1 D (Old Survey No. 24/1D) at village Nakinda, Taluka

Mahabaleshwar District Satara. That the Appellant is an

agriculturalist and cultivates the suit property. Original

Application No. 66/2016 was filed before the Hon’ble NGT,

Western Bench at Pune pertaining to development activities

 D

in the forest like areas known as ‘Vansadrushya’ in

Mahabaleshwar Panchgani Region in Maharashtra. That

vide OA No. 108/2016, the Applicants therein sought

demolition of structures illegally constructed in the above

areas without following the procedure prescribed under the

provisions of Forest (Conservation) Act, 1980.

Vide interim order dated 08.09.2016 in OA No. 66/2016, the

Hon’ble NGT prohibited non-forest activity in the ‘Forest

Alike’ areas of ‘Vansadrushya’ in Mahabaleshwar-Panchgani

Eco-sensitive zone areas in violation of Forest (Conservation)

Act, 1980. It was submitted by the Panchgani Hill Station,

Municipal Council and the Naib Tahsildar, Taluka

Mahabaleshwar, District Satara, that the ‘High Level

Monitoring Committee’ has to finalise the issue of “Forest

Alike” areas. The Principal Chief Conservator of Forest has

also stated that the Sub-Committee constituted by the State

Government in its minutes order dated 29.02.2016 has not

finalised the matter. The Mahabaleshwar Hill State Council

stated that the notification dated 17.01.2001, declaring

 E

Mahabaleshwar Panchgani area to be ESZ, does not ban

tourism or residential development. No Tourism Master

Plan has been prepared.

That vide order dated 13.03.2019 (corrected on 04.04.2019),

the Hon’ble NGT directed constitution of a Joint Committee

comprising of representatives of Chief Conservator of Forest,

Kolhapur and Divisional Commissioner, Pune to examine

the aspect of which area is covered by the expression ‘forest’

in the light of the judgment of this Hon’ble Court in

T.N.Godavarman Thirumalpad Vs. Union of India & Ors, (1997)

2 SCC 267.

Vide the impugned order dated 27.10.2020, Hon’ble NGT

held that no further procedure remained to be followed

except verification. Accordingly, vide the impugned order

the Hon’ble NGT directed that the verification process be

completed by 31.01.2021 and that thereafter, those areas

which are found to be encroached upon in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the

 F

Forest Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ.

It is submitted that the impugned order is unsustainable on

inter alia the following grounds:

A. The impugned order is contrary to the principles

of natural justice in so far as it allows the Collector,

Satara and the Forest Department to carry out removal

of encroachment without providing an opportunity to

the individual stakeholder and plot-owner of being

heard.

B. The impugned order is contrary to the principles

of “audi alteram partem” in so far as it authorises the

demolition in the area subsequent to identification and

verification without leaving any opportunity to the

individual stakeholder and plot-owner of presenting

their case.
 G

C. The impugned order is unsustainable for passing

the direction “Collector, Satara and the Forest Department

may straightaway proceed to remove the encroachments for

which no approval of MoEF&CC will be required” in so

far as the report of Chief Conservator of Forests

provided clearly that in view of paucity of time, no

objections were sought from individual stakeholders

and no opportunity was provided to them for being

heard.

D. As per the report of Chief Conservator of Forests,

the relevant timeline for carrying out the entire

process was provided, the relevant part of which is

reproduced hereinbelow for the sake of convenience:

“(vi) Thereafter, the Committee will invite

objections and suggestions from the public, give

hearing to those who have objected and submit its

report to the State Committee constituted as per the

order of the Hon’ble Supreme Court ………. Date-

31.02.2021.
 H

(vii) After this, the said list will be finalized after

following due legal procedure ………. Date-

31.05.2022”

It is submitted that despite the aforesaid schedule,

vide the impugned order, the Hon’ble NGT held that

nothing apart from verification remained and

directed that subsequent to verification, authorities

may straightaway proceed for removal of

encroachment without leaving room for public

hearing which is causing serious prejudice to the

individual landowners and plot-holders.

E. The Hon’ble NGT did not appreciate that as per the

report of the Chief Conservator of Forest, it was stated

that noted that Government notified gaothans (Village

sites) overlap the forest alike areas and thus it was

found necessary to revisit the survey carried out by

the Land Record Department. Without considering the

said submission that re-survey f the area was required,

the Hon’ble NGT proceeded to direct removal of

 I

encroachment straightaway subsequent to

verification.

F. The impugned judgment and order in so far as it

empowers the demolition by the Collector, Satara and

the Forest Department without prior approval by the

Ministry of Environment, Forest and Climate Change

(MoEF& CC) even in the ESZ is contrary to law and

unsustainable.

G. The impugned judgment has been passed without

considering the law laid down by this Hon’ble Court

in Hanuman Laxman Aroskar and Ors. vs. Union of

India (UOI) and Ors. (2019) 15 SCC 401 wherein this

Hon’ble Court while considering the significance of

decision making on merits as per the jurisdiction

vested in the Hon’ble NGT held that:

“121. The failure to consider materials on a vital issue and

indeed the non-consideration of vital issues raises a
substantial question of law leading to the invoking of the
jurisdiction of this Court Under Section 22 of the NGT Act
 J

2010. The failure of process in the present case has been

compounded by the absence of a merits review by the NGT.

.... Re-appreciation of the 'factual matrix' has been held to

be distinct from a substantial question of law. In the present
case, we have indicated the basis for the invocation of the
jurisdiction of this Court Under Section 22. There was a
failure to follow binding norms under the 2006 notification.
There were serious flaws in the decision-making process.
Relevant material has been excluded from consideration and
extraneous circumstances were borne in mind. The EAC as
an expert body abdicated its obligations to make an expert
determination based on reasons. The NGT as an
adjudicatory body failed to exercise the jurisdiction
entrusted to it Under Section 16(h) read with Section 20 of
the NGT Act 2010 by merely deferring to the decision to
recommend and grant an EC. The parameters in regard to
the existence of substantial questions of law have hence been
established in the classical or conventional sense of that
expression.”

It is submitted that similarly, in the present case,

without considering the merits of individual case,

Hon’ble NGT has passed direction for removal of

encroachment with a merits review as an appellate

body vested with the necessary jurisdiction of hearing

the matter in appeal in detail and entirety and not

cursorily passing general and vague directions.

Hence, the present Civil Appeal.

 K

LIST OF DATES

15.09.1967 Appellant is the owner of and is in possession of

agricultural plot bearing Survey no. 28/1 D

(Old Survey No. 24/1D) at village Nakinda,

Taluka Mahabaleshwar District Satara. That the

Appellant is an agriculturalist and cultivates the

suit property. The Appellant submits that with

respect to the suit property, on the basis of that

Registered Sale Deed dated 12.06.1967, the

Mutation Entry was effected in favour of the

Appellant’s mother Purveen Shavaskha Patell

herein, viz. Mutation Entry No. 948 on

15.06.1967.

31.12.2014 By the Will dated 31.12.2014, after demise of

Purveen, the said property has been bequeathed

in favour of the Appellant.

28.11.2017 The Mutation Entry to this effect in favour of

Appellant was also made in the name of the

 L

Petitioner herein viz. Mutation Entry No. 247

dated 28.11.2017.

2016 Original Application No. 66/2016 was filed by

Respondent No.4__ before the Hon’ble NGT,

Western Bench at Pune pertaining to

development activities in the forest like areas

known as ‘Vansadrushya’ in Mahabaleshwar

Panchgani Region in Maharashtra. That vide

OA No. 108/2016, Respondent No.4__ sought

demolition of structures illegally constructed in

the above areas without following the

procedure prescribed under the provisions of

Forest (Conservation) Act, 1980.

08.09.2016 Vide interim order dated 08.09.2016 in OA No.

66/2016, the Hon’ble NGT prohibited non-

forest activity in the ‘Forest Alike’ areas of

‘Vansadrushya’ in Mahabaleshwar-Panchgani

Eco-sensitive zone areas in violation of Forest

(Conservation) Act, 1980.

 M

13.03.2019 Vide order dated 13.03.2019 (corrected on

04.04.2019), the Hon’ble NGT directed

constitution of a Joint Committee comprising of

representatives of Chief Conservator of Forest,

Kolhapur and Divisional Commissioner, Pune

to examine the aspect of which area is covered

by the expression ‘forest’ in the light of the

judgment of this Hon’ble Court in

T.N.Godavarman Thirumalpad Vs. Union of India &

Ors, (1997) 2 SCC 267.

03.12.2019 vide order dated 03.12.2019, the Hon’ble NGT

observed that the only action required is to

identify the encroachments and enforce the law.

Mahabaleshwar Hill Station Municipal Council,

the Panchgani Hill Station Municipal Council,

the District Collector, Satara and the Chief

Conservator of Forest (CCF),Kohlapur, were

directed to file a report regarding the violations

and action taken.

 N

26.10.2020 On 26.10.2020 the Chief Conservator of Forests,

Kolhapur filed an affidavit stating that detailed

report has been tendered to the Hon’ble NGT.

However, it was stated that the Government did

not find sufficient time to invite objections and

suggestions from individual stakeholders before

submitting the report pursuant to the order

dated 13.03.2019 (corrected on 04.04.2019). It

was further noted that Government notified

gaothans (Village sites) overlap the forest alike

areas and thus it was found necessary to revisit

the survey carried out by the Land Record

Department.

27.10.2020 Vide the impugned order dated 27.10.2020, the

Hon’ble NGT held that no further procedure

remained to be followed except verification.

Accordingly, vide the impugned order the

Hon’ble NGT directed that the verification

process be completed by 31.01.2021 and that

 O

thereafter, those areas which are found to be

encroached upon in violation of the Forest

(Conservation) Act, 1980, the Collector, Satara

and the Forest Department may straightaway

proceed to remove the encroachments for which

no approval of MoEF&CC will be required,

even if such area is part of the ESZ.

20.11.2020 Pursuant to the impugned order, notice dated

20.11.2020 was issued by the office of

Tahasildar, Mahabaleshwar requiring all

concerned to be present for verification of the

area under notice in terms of the direction of the

Hon’ble NGT for verification of survey no.

6,7,9,13,4,20,21,26,17,22,28,29, Nakinda to be

carried out by the squad of officers and the

employees from the Office of the Land Records,

Department of Revenue, Department of Forest,

Department of Urban Development from

02.12.2020.
 P

03.12.2020 Appellant sent an email and letter to the

Collector, Satara and other Authorities

regarding the survey. The Appellant clarified

that the land of Appellant is agricultural land

and neither forest land nor forest alike land and

that the Appellant has been in occupation of

land since 1967 and the predecessors of the

Appellant were in occupation of the land for

more than 150 years. However, no response was

received to the same.

12.12.2020 Aforesaid squad of officers and the employees

from the Office of the Land Records,

Department of Revenue, Department of Forest,

Department of Urban Development carried out

the survey of the plot of the Appellant. That it

is submitted that no details were provide to the

Appellant regarding the survey and no

opportunity was given to furnish any

documents or explanation. It is further

 Q

submitted that the survey was carried out in

selective manner by the officers of the

Respondent Authorities in so far as thy land of

neighbours of the Appellant despite being

adjacent were not surveyed.

16.12.2020 Pursuant to the said survey, the Appellant sent a

follow up email dated 16.12.2020 at 12:56 PM

and a letter to the Chief Conservator of Forests

(Territorial), Kolhapur, District Collector, Satara

and other Authorities informing the said

Authorities to give advance notice in the event

the any coercive action is to be taken again the

Appellant’s property.

04.01.2021 Hence, the present Civil Appeal.

 1
Item No. 04 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Video Conferencing)

Original Application No. 108/2018

(Earlier O.A.No.66/2016(WZ)

Bombay Environment Action Group Applicant

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 27.10.2020

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant: Mr. Sanjay Upadhyay, Advocate

Respondent(s): Mr. Rahul Garg, Advocate for R-1

Mr. Nitin P. Deshpande, Advocate for R-2&5
Mr. K.D. Kelkar, Advocate for R-6&7
Mr. Dilip Taur, Advocate

ORDER

1. The issue for consideration is non-forest development activities in

the ‘forest alike areas’ called ‘Vansadrushya’ in Mahabaleshwar and

Panchgani Region in Maharashtra in violation of the Forest

(Conservation) Act, 1980, as defined in the Supreme Court judgements.

The applicant seeks demolition of structures illegally constructed in the

above areas without following the procedure prescribed under the

provisions of Forest (Conservation) Act, 1980. According to the applicant,

the Zonal Master Plan/Regional Plan prepared for Municipal Council

areas of Mahabaleshwar and Panchgani under section 15(1) of the

Maharashtra Regional Town Planning Act, 1966 (MRTP Act) specifies the

1
 2
‘Forest Alike’ areas. The area was declared Eco Sensitive Zone as per

notification dated 17.01.2001. However, the ‘High Level Monitoring

Committee’ in its meeting held on 29.02.2016 held that the area

may not be treated as ‘Forest Area’ till completion of process for

identification. This decision is in conflict with the judgment of the

Hon’ble Supreme Court in T.N. Godavarman Thirumalpad Vs. Union

of India & Ors, (1997) 2 SCC 267.

2. The matter was earlier considered by this Tribunal vide order dated

13.3.2019. After giving the particulars of the forest areas and the

prohibition applicable against any non-forest activity therein, it was

observed:

“8. In view of law laid down by the Hon’ble Supreme Court in T.N.
Godavarman Thirumalpad Vs. Union of India & Ors. (supra), once
the area is ‘deemed forest’ as per the ordinary dictionary meaning,
irrespective of whether it is so recorded as such or not, Forest
(Conservation) Act, 1980 is attracted. No non-forest activity in such
area can be permitted in violation of law. All the permissions
granted may have accordingly to be reviewed in the light of the
judgment of the Hon’ble Supreme Court T.N. Godavarman
Thirumalpad Vs. Union of India & Ors. (supra) and the notification of
the MoEF & CC dated 17.01.2001, declaring the area to be Eco-
sensitive zone.

9. For this purpose, we direct constitution of a Joint Committee

comprising of representatives of Chief Conservator of Forest,
Kolhapur and Divisional Commissioner, Pune. The Committee
may look into this aspect and compile information about the
extent of area which is covered by the expression ‘forest’ in
the light of the judgment of Hon’ble Supreme Court, in the
area in question. The Chief Conservator of Forest, Kolhapur will be
the nodal agency for coordination and compliance. It is open to the
parties to present their respective versions within two weeks before
the Committee from today. The Committee may give its report within
three months.”

3. The matter was further considered on 03.12.2019. After referring

to the earlier interim orders of the Tribunal dated 08.09.2016 and

22.3.2017 against constructions in forest alike areas, it was observed

that only action required is to identify the encroachments and enforce

2
 3
the law. Accordingly, the Tribunal directed the Mahabaleshwar Hill

Station Municipal Council, the Panchgani Hill Station Municipal Council,

the District Collector, Satara and the Chief Conservator of Forest (CCF),

Kohlapur, to file a report about the action taken in the matter. In the

course of consideration, the Tribunal observed:

“3. Order dated 22.03.2017 reveals that map showing ESZ in the
entire Panchgani and Mahabaleshwar identifying the forest, forest
alike/Vanasadrushya areas were available. It had been recorded
clearly that the only action that was required to be taken thereafter
was to identify the structures or encroachments for the purpose of
the Forest (Conservation) Act, 1980 with reference to the maps of the
areas which were admittedly available. Direction was thus issued
upon the Regional Officer of the MoEF &CC to hold a meeting on 6 th
& 7th April, 2017 with the District Collector, Satara, the
Mahabaleshwar Hill-station Municipal Council, the Panchgani Hill-
station Municipal Council, the District Forest Officer, Town Planning
Department, and the DSLR Satara, to identify the area/s where
violations of the Forest (Conservation) Act, 1980 have taken
place with reference to the maps of ESZ and chalk out an
action plan for enforcing provisions of the Forest
(Conservation) Act, 1980 and place the plan before us.

4. The records reveal that the above order has still not
been complied with although the case had been taken up on
several dates stretching to more than 2½ years from
22.03.2017. It would be apparent from the facts and
circumstances appearing in the case that primarily two questions
arise for consideration, namely, (1) Whether there has been any
violation of the provisions of Forest (Conservation) Act, 1980; (2)
Whether such forest which falls within the ESZ after it was declared
brings within its ambit structures which are in existence and, (3)
Whether new construction have come up in violation of both the
regulations. Considering the lapse of time, these informations ought
to have been furnished by now. There appears to be relentless effort
on the part of the authorities to delay the process giving fillip and
encouragement to violators despite the order of prohibition dated
08.09.2016.

5. We, therefore, direct the Mahabaleshwar Hill Station

Municipal Council, the Panchgani Hill Station Municipal Council, the
District Collector, Satara and the Chief Conservator of Forest (CCF),
Kohlapur, to file a report on the following:

1. Number of cases filed under Section 2 of the Forest

(Conservation) Act, 1980 against those in violation of the
said law.

2. Number of structures that existed in the declared ESZ prior

to its Notification.

3
 4

3. Action taken against such structures which have come up

in violation of the Forest (Conservation) Act, 1980 and ESZ
Notification.”

4. In above background, the Chief Conservator of Forests, Kolhapur

has filed affidavit dated 26.10.2020 as follows:

“11. I say that this Hon’ble Tribunal in its order dated 13.03.2019
in paragraph No. 1 has noted the recommendation of the High Level
Monitoring Committee (HLMC) that the area shown as per Schedule
“A” to the Notification dated 07.08.2015 may not be treated as
“Forest Area”. In paragraph No. 4, this Tribunal has also noted the
Affidavits filed on behalf of the different official Respondents that the
HLMC has to finalize the issue of Forest Alike areas. In the light of
this position, it was pleased to direct constitution of a joint
committee, comprising of representatives of Chief Conservator of
Forests, Satara and Divisional Commissioner, Pune. The Committee
was directed to look into this aspect and compile information about
the extent of area, which is covered by the expression, “Forest” in
the light of the Judgment of Hon’ble Supreme Court in the area in
question. It is open to the parties to present their respective versions
within two weeks before the committee from the date of the order.

12. As per this order, the entire machinery geared up in action

and has tendered detailed report to this Hon’ble Tribunal well in
time.

13. It is submitted that the Government did not find sufficient time
to invite objections and suggestions from the individual stakeholders
before submitting the report to this Hon’ble Tribunal in pursuance to
the order dated 13.03.2019.

As can be seen from the Annexure-R3, at places, forest alike area

and the Government notified gaothans (Village sites) overlap i.e.
even existing notified gaothans are seen to be part of such forest
alike areas. Therefore, it is necessary to revisit the survey
carried out by Land Record Department and in view of this, it
is proposed to follow the time Schedule as annexed in
Annexure-R4.

14. The situation in the forest alike areas as realized is as under:

 Number of structures which were existing before mapping i.e.

prior to 2007 were 38 with permission & 121 without
permission, are still in existence. Annexure-R5.
 Total area mapped was fully forest alike 10909.09 H.a. &
partial forest alike 2162.76 H.a. Total area 13071.85 H.a.
forest alike. From city area total 330.30 H.a. area is mapped.
Annexure-R6
 The survey maps include 9 gaothans. The entire area of 9
villages includes fully & partially forest alike areas, which
comprises of 5.79 H.a. area.

4
 5
Out of which, forest land which is declared as a private forest
under the Private Forest Act is 10089.07 H.a. It cannot be
termed as forest alike areas.
 Existing structures are not shown in these maps.
 Some of the areas are already declared as forest. Such area
can not be “Forest Alike Area”
 I say that, the survey of 2007 comprises of notified forest as
well. There are overlapping as explained above. The survey of
2007 was without concurrence of the committee constituted for
identification of such forest alike areas in the State by order of
Hon’ble Supreme Court and consequential Government
circular dated 30.05.1997. That way, even the objection taken
by HLMC will be taken care of and further complications will
be avoided.

15. I say that this Hon’ble Tribunal in its order dated 11.10.2018
has observed that in case, there are certain violators, then they
would be taken care of by the Respondent/Authority, only after the
judgment passed by this Tribunal in consequence thereof S.D.O. Wai
as well as the Chief Officer, Mahableshwar Hill Station Municipal
Council and the Chief Officer, Panchgani Hill Station Municipal
Council have already issued notices to the violators. The Notices
would be heard, but the final order will be passed only after the
judgement of this Hon’ble Tribunal.

The forest department is in the process of issuing notices to

the violators to show cause as to why proposals for action under
Forest Conservation Act should not be initiated against them.

16. As regards the violation of the provisions of Forest

Conservation Act, it is submitted that under sub rule 9 of the Forest
(Conservation) Rules, 2003, the Central Government has authorized
the Regional Chief Conservator of Forest, MoEF, Government of
India, New Delhi. Hence, after re-verification violation reports will be
sent to him for suitable action at this level after following due
process of law including observations of the principles of natural
justice.

17. I say that the Supreme Court in case of Chief Conservator of

Forests, Government of A.P. Appellant v/s Collector & Others, AIR
2003 SC 1805 has expected the Departments of the State
Government to resolve the issues amongst themselves and then
come to the court with a unanimous stand. In the light of law as laid
down by the Hon’ble Supreme Court, the State Government has
taken a conscious decision of sticking to the schedule mentioned
above and report this Hon’ble Tribunal.

18. it would not be out of place to mention that as per the Orders
of the Hon’ble Bombay High Court, report was submitted to it
regarding Forest Alike areas. As per the order dated 13.03.2019, the
Committee constituted by this Hon’ble Tribunal has invited say from
Public and submitted detailed report to this Hon’ble Tribunal. The
order dated 08.09.2016 of this Hon’ble Tribunal of restraining non-
forest activity in the “Forest Alike” areas in Mahabaleshwar and
Panchgani Eco-sensitive zone areas is followed in letter and spirit.
There is no tree felling in violation of ESZ Notification dated

5
 6
17.01.2001. New Development/Construction Activities in Forest
Alike areas are stopped. The Government is serious about preserving
forest areas in Mahabaleshwar and Panchgani regions.

19. I say that the State Government will have to take action
against illegal structure raised in the Forest Alike Areas. In
order to avoid law and order problem and avoidable further
litigation, the State Government proposes that the committee
constituted for identification of such forest alike areas in the
State by order of the Hon’ble Supreme Court and
consequential Government Circular dated 30.05.1997, will
invite objections and suggestions from all the stakeholders.
That way the objection taken by sub-committee of HLMC will
be taken care of.

Therefore, the State Government be permitted to act as per the

Schedule referred as Annexure-R4 attached as mentioned above and
report to this Hon’ble Tribunal.

20. I may be permitted to place one more thing on record. The

State Government wishes to fine-tune its survey by utilizing satellite
image of the year 2007 (when the survey was done), 2015 (when the
final notification of the Regional Plan was issued) and current
images. The Government wishes to procure these images from NRSC
Nagpur. The satellite images will be superimposed with the village
maps and the survey maps with the help of GIS like modern
techniques.”

5. The schedule for the proposed action is as follows:

“(i) The State Government will forthwith constitute a committee

under the Chairmanship of Collector, Satara and DCF, Satara and
Superintendent of Land Records, as its members to revisit the
surveyed area ………date- 10.11.2020.

(ii) This Committee will procure all the maps of Forest Alike areas
within a period of 15 days from the date of its constitution ……..
date- 25.11.2020.

(iii) It will procure satellite images of all the lands in

Mahabaleshwar and Panchgani regions within 15 days thereafter
………….. date- 10.12.2020.

(iv) The Committee will conduct ground truthing and verification of

satellite maps and field verification in three months ………… Date-
31.03.2021.

(v) The Notification of the State Government dated 07.08.2015

has directed that Compendium of the Forest Alike areas shall be
prepared containing survey number, total plot area and the Forest
Alike areas for each plot. The Committee shall ensure that as per the
said Notification the Compendium shall be put up on the Government
web-site for easy public access. The Committee, then, will host the

6
 7
Compendium on the Govt. website within 15 days after completion
of the field verification …………. Date-15.04.2021.

(vi) Thereafter, the Committee will invite objections and

suggestions from the public, give hearing to those who have objected
and submit its report to the State Committee constituted as per the
order of the Hon’ble Supreme Court ………. Date-31.02.2021.

(vii) After this, the said list will be finalized after following due
legal procedure ………. Date-31.05.2022.”

6. From the above, it is clear that there are forest alike areas

identified as such and there are encroachments in violation of law. Order

of this Tribunal dated 13.3.2019 was passed one and half year back with

directions for remedial action. It was observed that the High-powered

Committee under the MRTP Act could not take any decision in violation

of the Supreme Court judgement. In respect of such identified

encroachments, no further procedure remains to be followed, except the

verification as proposed for which three months’ time should be enough.

The schedule proposed assumes that nothing has been done so far and

action is to start only now. Since all relevant data is available, the

timeline needs to be shortened. The authorities should not think of

unending exercise in violation of declared law of the land. Plan has to be

now for action as per law promptly.

7. Accordingly, let the verification process be completed positively by

31.01.2021, to the extent such work is still pending. Thereafter, in

respect of such area as is found to be encroached in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the Forest

Department may straightaway proceed to remove the encroachments for

which no approval of MoEF&CC will be required, even if such area is part

of the ESZ. Area being in ESZ does not mean that law is not to be

enforced there.

7
 8
8. Action taken report as on 31.03.2021 may be filed before the next

date by e-mail at [email protected] preferably in the form of searchable

PDF/ OCR Support PDF and not in the form of Image PDF.

List again on 18.05.2021.

Adarsh Kumar Goel, CP

S.K. Singh, JM

Dr. S.S. Garbyal, EM

Dr. Nagin Nanda, EM

October 27, 2020

Original Application No. 108/2018
(Earlier O.A.No.66/2016(WZ)
DV

//TRUE COPY//

8
 9
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. _____ OF 2020

APPEAL UNDER SECTION 22 OF THE NATIONAL GREEN

TRIBUNAL ACT, 2010

(Arising out of the impugned judgment and final order dated

27.10.2020 passed by the Hon’ble National Green Tribunal,

Principal Bench, New Delhi in Original Application No. 108 of

2018)

BETWEEN POSITION OF PARTIES

In the NGT IN THIS
HON’BLE
COURT
1. JAMSHID KERSI DALAL Not A Party Petitioner
Age: 60, Occ. Agriculture, No.1
C/o. Survey No. 28/1 D,
Nakinda, Taluka
Mahabaleshwar
District Satara,
Maharashtra

Also residing at
No. 38, Sopan Baug CHSL,
Ghorpadi
Pune 411001, Maharashtra
AND

1. UNION OF INDIA Respondent No. 1 Contesting

Through Secretary Respondent
Ministry of Environment, No. 1
 10
Forest and Climate Change
Indira Paryavaran Bhawan,
Jor Bagh Road,New
Delhi,110003
2. State of Maharashtra Respondent No. 2 Contesting
Through its Revenue and Respondent
Forest Department No. 2
Mantrayala
Mumbai 400 032,
Maharashtra
3. Principal Chief Respondent No. 3 Contesting
Conservator of Forests Respondent
Mahabaleshwar No. 3
Mahabaleshwar District
Satara ,412806,
Maharashtra
4. Urban Development Respondent No. 4 Contesting
Department Respondent
floor, A Wing, Mittal No. 4
Tower, Nariman Point,
Mumbai- 400021.
5. District Collector Respondent No. 5 Contesting
District Collector Office Respondent
Near LIC Building No. 5
Powai Naka, Satara
415001
6. Municipal Council, Respondent No. 6 Contesting
Mahabaleshwar Hill Respondent
Station No. 6
Mahabaleshwar District
Satara ,412806,
Maharashtra
7. Municipal Council, Respondent No. 7 Contesting
Panchgani Hill Station Respondent
Table Land Road, Bhim No. 7
Nagar, Panchgani,
Maharashtra 412805
8. Bombay Environment Applicant Contesting
Action Group Respondent
4 Kurla Industrial Estate, No. 8
 11
LBS Marg, Ghatkopar West
Mumbai – 400086,
Maharashtra
TO,

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF
THE HON’BLE SUPREME COURT OF INDIA.

THE HUMBLE
PETITION OF THE
APPELLANT
ABOVE NAMED
MOST RESPECTFULLY SHOWETH:-

1. This appeal is being filed under Section 22 of the National

Green Tribunal Act, 2010 against the impugned judgment

and order dated 27.10.2020 passed by the Hon’ble National

Green Tribunal hereinafter “NGT”), Principal Bench, New

Delhi in Original Application No. 108 of 2018 wherein the

Hon’ble NGT while considering the issue of non-forest

development activities in the ‘forest alike areas’ in

Mahabaleshwar and Panchgani Region in Maharashtra and

directing for completion of the verification process of such

areas by the Respondent authorities held that in respect of

such areas as are found to be encroached in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the

Forest Department may straightaway proceed to remove the

 12
encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ and thus has

rendered the present Appellant remediless.

1A. This matter originally was pending before the Pune Bench of
the Hon’ble National Green Tribunal, but was transferred
and taken up by the Principal Bench. The Impugned Order
has been passed by the Principal Bench at New Delhi.
Therefore, the mention of the Pune Bench the first page of
the impugned Order may be ignored.
BRIEF FACTS:-
2. That a brief factual conspectus of the present matter, is as
follows:

a) That the Appellant is the owner and is in possession of

an agricultural plot of land bearing Survey no. 28/1 D
(Old Survey No. 24/1D) at village Nakinda, Taluka
Mahabaleshwar District Satara. That the Appellant is
an agriculturalist and cultivates the suit property. The
Appellant submits that with respect to the suit
property, on the basis of that Registered Sale Deed
dated 12.06.1967, the Mutation Entry was effected in
favour of the Appellant’s mother Purveen Shavaskha
Patell herein, viz. Mutation Entry No. 948 on
15.06.1967.
b) By the Will dated 31.12.2014, after demise of Purveen,
the said property has been bequeathed in favour of the
 13
Appellant. The Mutation Entry to this effect was also

made in the name of the Petitioner herein viz.

Mutation Entry No. 247 dated 28.11.2017.

c) That in 2016, Original Application No. 66/2016 was

filed by Respondent No.8 before the Hon’ble NGT,

Western Bench at Pune pertaining to development

activities in the forest like areas known as

‘Vansadrushya’ in Mahabaleshwar Panchgani Region

in Maharashtra. That vide OA No. 108/2016,

Respondent No.8 sought demolition of structures

illegally constructed in the above areas without

following the procedure prescribed under the

provisions of Forest (Conservation) Act, 1980.

d) It was contended by Respondent No. 8 that Zonal

Master Plan/Regional Plan prepared for Municipal

Council areas of Mahabaleshwar and Panchgani

under section 15(1) of the Maharashtra Regional Town

Planning Act, 1966 MRTP Acts specifies the ‘Forest

Alike’ areas. The area was declared Eco-Sensitive

Zone as per notification dated 17.01.2001. However,

 14
the ‘High Level Monitoring Committee’ in its meeting

held on 29.02.2016 held that the area may not be

treated as ‘Forest Area’ till completion of process for

identification which as in violation of the judgment of

this Hon’ble Court in T.N.Godavarman Thirumalpad Vs.

Union of India & Ors, (1997) 2 SCC 267.

e) Vide interim order dated 08.09.2016 in OA No.

66/2016, the Hon’ble NGT prohibited non-forest

activity in the ‘Forest Alike’ areas of ‘Vansadrushya’

in Mahabaleshwar-Panchgani Eco-sensitive zone areas

in violation of Forest (Conservation) Act, 1980. True

copy of the order dated 08.09.2016 in OA No. 66/2016

passed by the Hon’ble National Green Tribunal

hereinafter “NGT”), Principal Bench, New Delhi is

annexed herewith and marked as Annexure A-

1[Pages 33 to 35]

f) That it was submitted by the Panchgani Hill Station,

Municipal Council and the Naib Tahsildar, Taluka

 15
Mahabaleshwar, District Satara, that the ‘High Level

Monitoring Committee’ has to finalise the issue of

“Forest Alike” areas. The Principal Chief Conservator

of Forest has also stated that the Sub-Committee

constituted by the State Government in its minutes

order dated 29.02.2016 has not finalised the matter.

The Mahabaleshwar Hill State Council stated that the

notification dated 17.01.2001, declaring

Mahabaleshwar Panchgani area to be ESZ, does not

ban tourism or residential development. No Tourism

Master Plan has been prepared. The Sub-Committee of

High Level Monitoring Committee has still not

finalised the status of the ‘Forest Alike’ areas.

g) That vide order dated 13.03.2019 (corrected on

04.04.2019), the Hon’ble NGT directed constitution of

a Joint Committee comprising of representatives of

Chief Conservator of Forest, Kolhapur and Divisional

Commissioner, Pune to examine the aspect of which

area is covered by the expression ‘forest’ in the light of

 16
the judgment of this Hon’ble Court in T.N.Godavarman

Thirumalpad Vs. Union of India & Ors, (1997) 2 SCC 267.

True copy of the order dated 04.04.2019 passed by the

Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in O.A. No. 108/2018

[earlier OA No. 66/2016 (WZ)] is annexed herewith

and marked as Annexure A-2[Pages 36 to 48]

h) That in view of the above, vide order dated 03.12.2019,

the Hon’ble NGT observed that the only action

required is to identify the encroachments and enforce

the law. Mahabaleshwar Hill Station Municipal

Council, the Panchgani Hill Station Municipal

Council, the District Collector, Satara and the Chief

Conservator of Forest (CCF),Kohlapur, were directed

to file a report on the following:

i. Number of cases filed under Section 2 of the Forest

(Conservation) Act, 1980 against those in violation

of the said law.

ii. Number of structures that existed in the declared

ESZ prior to its Notification.

 17
iii. Action taken against such structures which have

come up in violation of the Forest (Conservation)

Act, 1980 and ESZ Notification.

True copy of the order dated 03.12.2019 passed by the

Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in O.A. No. 108/2018 [earlier

OA No. 66/2016 (WZ)] is annexed herewith and marked as

Annexure A-3[Pages 49 to 53]

i) That on 26.10.2020 the Chief Conservator of Forests,

Kolhapur filed an affidavit stating that detailed report

has been tendered to the Hon’ble NGT. However, it

was stated that the Government did not find sufficient

time to invite objections and suggestions from

individual stakeholders before submitting the report

pursuant to the order dated 13.03.2019 (corrected on

04.04.2019). It was further noted that Government

notified gaothans (Village sites) overlap the forest

alike areas and thus it was found necessary to revisit

the survey carried out by the Land Record

Department.
 18
j) The schedule for the proposed action as proposed as

per the reply of the Chief Conservator of Forest is as

follows:

(i) The State Government will forthwith constitute a

committee under the Chairmanship of Collector, Satara

and DCF, Satara and Superintendent of Land Records, as

its members to revisit the surveyed area ………date-

10.11.2020.

(ii) This Committee will procure all the maps of Forest

Alike areas within a period of 15 days from the date of its

constitution ……..date- 25.11.2020.

(iii) It will procure satellite images of all the lands in

Mahabaleshwar and Panchgani regions within 15 days

thereafter………….. date- 10.12.2020.

(iv) The Committee will conduct ground truthing and

verification of satellite maps and field verification in three

months ………… Date- 31.03.2021.

(v) The Notification of the State Government dated

07.08.2015 has directed that Compendium of the Forest

 19
Alike areas shall be prepared containing survey number,

total plot area and the Forest Alike areas for each plot. The

Committee shall ensure that as per the said Notification

the Compendium shall be put up on the Government web-

site for easy public access. The Committee, then, will host

the Compendium on the Govt. website within 15 days

after completion of the field verification …………. Date-

15.04.2021.

(vi) Thereafter, the Committee will invite objections and

suggestions from the public, give hearing to those who

have objected and submit its report to the State Committee

constituted as per the order of the Hon’ble Supreme Court

………. Date-31.02.2021.

(vii) After this, the said list will be finalized after

following due legal procedure ………. Date-31.05.2022

k) In view of the above, vide the impugned order dated

27.10.2020, the Hon’ble NGT held that no further

procedure remained to be followed except

verification. Accordingly, vide the impugned order

the Hon’ble NGT directed that the verification process

 20
be completed by 31.01.2021 and that thereafter, those

areas which are found to be encroached upon in

violation of the Forest (Conservation) Act, 1980, the

Collector, Satara and the Forest Department may

straightaway proceed to remove the encroachments

for which no approval of MoEF&CC will be required,

even if such area is part of the ESZ.

l) That pursuant to the impugned order, notice dated

20.11.2020 was issued by the office of Tahasildar,

Mahabaleshwar requiring all concerned to be present

for verification of the area under notice (which

included the Appellant’s property) in terms of the

direction of the Hon’ble NGT for verification of survey

no. 6,7,9,13,4,20,21,26,17,22,28,29, Nakinda to be

carried out by the squad of officers and the employees

from the Office of the Land Records, Department of

Revenue, Department of Forest, Department of Urban

Development on any date from and after 02.12.2020.

True translated copy of the notice dated 20.11.2020 is

 21
annexed herewith and marked as Annexure A-

4[Pages 54 to 55]

m) That subsequently, the Appellant sent an email on

03.12.2020 at 6:15 PM and letter to the Chief

Conservator of Forests (Territorial), Kolhapur, District

Collector, Satara and other Authorities regarding the

survey. The Appellant clarified that the land of

Appellant is agricultural land and neither forest land

nor forest alike land and that the Appellant has been

in occupation of land since 1967 and the predecessors

of the Appellant were in occupation of the land for

more than 150 years. However, no response was

received to the same. True copy of the email dated

03.12.2020 and letter with acknowledgments is

annexed herewith and marked as Annexure A-

5[Pages 56 to 76]

n) That on 12.12.2020 the aforesaid squad of officers and

the employees from the Office of the Land Records,

Department of Revenue, Department of Forest,

Department of Urban Development carried out the

 22
survey of the plot of the Appellant. That it is

submitted that no prior intimation was given to the

Appellant regarding the Survey, further, no details

were provide to the Appellant regarding the survey

and no opportunity was given to furnish any

documents or explanation. It is further submitted that

the survey was carried out in selective manner by the

officers of the Respondent Authorities in so far as the

land of neighbours of the Appellant despite being

adjacent were not surveyed. True translated copy of

the acknowledgment of the Appellant’s representative

pursuant to survey of Appellant’s land bearing survey

no. 28/1/D is annexed herewith and marked as

Annexure A-6[Pages 77 ]. Pursuant to the said survey,

the Appellant sent a follow up email dated 16th

December 2020 at 12:56 PM and a letter to the Chief

Conservator of Forests (Territorial), Kolhapur, District

Collector, Satara and other Authorities informing the

said Authorities to give advance notice in the event

the any coercive action is to be taken again the

 23
Appellant’s property. The True Copy of the email

dated 16.12.2020 along with the letter bearing the

same date is annexed herewith and is marked as

Annexure A-7[Pages 78 to 99]

o) That in these circumstances the Appellant is rendered

without any remedy as the surveying authorities did

not provide any details to the Appellant and the

impugned order clearly provides for removal of

encroachment straightaway after verification without

seeking any further approval or any explanation from

the concerned individual.

3. QUESTIONS OF LAW

A. Whether the Hon’ble NGT ought to have passed the

impugned order in violation of principles of natural

justice?

B. Whether the Hon’ble NGT ought to have passed the

impugned order when the report of the Chief

Conservator of Forest clearly stated that the report

was prepared without consulting and inviting

objections from the individual stakeholders?

 24

C. Whether the impugned judgment and order is in

violation of the principle of “audi alteram partem” in

so far as it provides for demolition by the Collector,

Satara and the Forest Department without providing

any opportunity to the individual plot-owners to be

heard and present their case?

D. Whether the impugned judgment and order in so far

as it empowers the demolition by the Collector, Satara

and the Forest Department without prior approval by

the Ministry of Environment, Forest and Climate

Change (MoEF& CC) even in the ESZ is contrary to

law and unsustainable?

4. GROUNDS

Aggrieved by the aforesaid Impugned Order, passed by the

Hon’ble NGT, the Appellant herein prefers this appeal on

the following grounds, amongst others:

 25
A. Because the impugned order is unsustainable and

has been passed in a perfunctory manner thereby

depriving the Appellant of its valuable rights.

B. Because the impugned order is contrary to the

principles of natural justice in so far as it allows the

Collector, Satara and the Forest Department to carry

out removal of encroachment without providing an

opportunity to the individual stakeholder and plot-

owner of being heard.

C. Because the impugned order is contrary to the

principles of “audi alteram partem” in so far as it

authorises the demolition in the area subsequent to

identification and verification without leaving any

opportunity to the individual stakeholder and plot-

owner of presenting their case.

D. Because the impugned order is unsustainable for

passing the direction “Collector, Satara and the Forest

Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required” in so far as the report of Chief Conservator

 26
of Forests provided clearly that in view of paucity of

time, no objections were sought from individual

stakeholders and no opportunity was provided to

them for being heard.

E. Because as per the report of Chief Conservator of

Forests, the relevant timeline for carrying out the

entire process was provided, the relevant part of

which is reproduced hereinbelow for the sake of

convenience:

“(vi) Thereafter, the Committee will invite

objections and suggestions from the public, give

hearing to those who have objected and submit its

report to the State Committee constituted as per the

order of the Hon’ble Supreme Court ………. Date-

31.02.2021.

(vii) After this, the said list will be finalized after

following due legal procedure ………. Date-

31.05.2022”

It is submitted that despite the aforesaid schedule,

vide the impugned order, the Hon’ble NGT held that

 27
nothing apart from verification remained and

directed that subsequent to verification, authorities

may straightaway proceed for removal of

encroachment without leaving room for public

hearing which is causing serious prejudice to the

individual landowners and plot-holders.

F. Because while passing the impugned order, the

Hon’ble NGT did not appreciate that as per the report

of the Chief Conservator of Forest, it was stated that

noted that Government notified gaothans (Village

sites) overlap the forest alike areas and thus it was

found necessary to revisit the survey carried out by

the Land Record Department. Without considering the

said submission that re-survey f the area was required,

the Hon’ble NGT proceeded to direct removal of

encroachment straightaway subsequent to verification.

G. Because the impugned judgment and order in so far as

it empowers the demolition by the Collector, Satara

and the Forest Department without prior approval by

the Ministry of Environment, Forest and Climate

 28
Change (MoEF& CC) even in the ESZ is contrary to

law and unsustainable.

H. Because the matter has been pending before the

Hon’ble NGT for more than 4 years and without

providing any opportunity of being heard to the

individual land owners whose lands are not covered

under forest or forest like area, in a hasty manner, the

Hon’ble NGT proceeded to direct removal of

encroachment which severely affects the rights of

Appellant and other similarly situated individuals

who are rendered bereft of any remedy.

I. Because he impugned judgment has been passed

without considering laid down by this Hon’ble Court

in Aegis Logistics Limited vs Charudatt Pandurang

Koli Civil Appeal No 2940 of 2020, order dated

14.08.2020 in similar facts wherein this Hon’ble passed

the following order:

“10. We accordingly request the National Green Tribunal

to hear the appellant on the application which has been
filed on 22 July 2020, raising objections to the CPCB
report, which has been filed on 20 July 2020 after the last
hearing before the Tribunal when the matter was closed for
judgment. It is appropriate and proper that the NGT does
 29
so in order to obviate the grievance that the final judgment
is delivered without complying with the principle of
natural justice. We request the NGT to hear the appellant
preferably within a period of two weeks from today in
regard to the CPCB report which has been filed on 20 July
2020. As regards the prayer of Mr K V Vishwanathan,
who has appeared for HPCL with the same prayer which
has been made on behalf of the appellant, we observe that it
would be open to the HPCL or for any other parties to
make a proper request for hearing before the NGT which
can be suitably addressed.

11. We dispose of the appeal by requesting the NGT to

give an opportunity of being heard to the appellant in
respect of its objections to the report of CPCB before it
proceeds to pronounce the judgment.”

J. Because the impugned judgment has been passed

without considering the law laid down by this

Hon’ble Court in Hanuman Laxman Aroskar and Ors.

vs. Union of India (UOI) and Ors. (2019) 15 SCC 401

wherein this Hon’ble Court while considering the

significance of decision making on merits as per the

jurisdiction vested in the Hon’ble NGT held that:

“121. The failure to consider materials on a vital issue and

indeed the non-consideration of vital issues raises a
substantial question of law leading to the invoking of the
jurisdiction of this Court Under Section 22 of the NGT Act
2010. The failure of process in the present case has been
compounded by the absence of a merits review by the NGT.
 30
.... Re-appreciation of the 'factual matrix' has been held to
be distinct from a substantial question of law. In the present
case, we have indicated the basis for the invocation of the
jurisdiction of this Court Under Section 22. There was a
failure to follow binding norms under the 2006 notification.
There were serious flaws in the decision-making process.
Relevant material has been excluded from consideration and
extraneous circumstances were borne in mind. The EAC as
an expert body abdicated its obligations to make an expert
determination based on reasons. The NGT as an
adjudicatory body failed to exercise the jurisdiction
entrusted to it Under Section 16(h) read with Section 20 of
the NGT Act 2010 by merely deferring to the decision to
recommend and grant an EC. The parameters in regard to
the existence of substantial questions of law have hence been
established in the classical or conventional sense of that
expression.”

It is submitted that similarly, in the present case,

without considering the merits of individual case, Hon’ble NGT

has passed direction for removal of encroachment with a merits

review as an appellate body vested with the necessary

jurisdiction of hearing the matter in appeal in detail and entirety

and not cursorily passing general and vague directions.

5. The Petitioner states that no other petition seeking appeal

has been filed against the impugned judgment and final

order dated 27.10.2020 passed by the Hon’ble National

Green Tribunal, Principal Bench, New Delhi in Original

Application No. 108 of 2018.

6. PRAYER
 31
In the circumstances aforesaid, the Appellant most humbly prays

that this Hon’ble Court may be pleased to-

a) Admit and allow the instant appeal against the impugned

judgment and final order dated 27.10.2020 passed by the

Hon’ble National Green Tribunal, Principal Bench, New

Delhi in Original Application No. 108 of 2018.

b) Pass such order or orders and/or give such direction or

directions as this Hon’ble Court may deem fit and proper

in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPELLANT, AS

IN DUTY BOUND, SHALL EVER PRAY.

Filed by:

PAI AMIT
Filed on: 04.01.2021 ADVOCATE FOR THE PETITIONER
Place: New Delhi
 32

JAMSHID KERSI DALAL

UNION OF INDIA & ORS.

Q
05 09 31
 ANNEXURE A/1
33
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
Application No. 66/2016 (WZ)

In the matter of :-

Bombay Environment Action Group Vrs. Union of India through Secretary

MoEFCC & Ors.

CORAM: HON’BLE DR. JUSTICE JAWAD RAHIM, JUDICIAL MEMBER

HON’BLE DR. AJAY A. DESHPANDE, EXPERT MEMBER

Present: Applicant/Appellant : Hema Ramani, Adv.

Respondent No.1 : Mr. Aniruddha Tapkire, Adv. Holding for
Mr. Amit Karkhanis, Adv.
Respondent No.3 : Mr. A.L. Joshi, Adv.
Respondent No.5 : Mr. Pushkar Sapre, A.P.P.

Date and
Orders of the Tribunal
Remarks

Item No.9,
th
8 , September, Service of notice in this Application is complete. We have
2016
granted sufficient opportunities to the Respondents to file their
Order No.5
counters. The Applicant appears in person, seeks hearing on the point

to grant interim relief which is sought in the Application.

Learned counsel appearing on behalf of Respondent Nos.6 and

7 submits that, Respondent No.7 has not received forest maps and

hence opposes to grant interim relief. Learned counsel for

Respondent No.7 made it clear that Mahabaleshwar-Panchgani area

comes under the eco sensitive zone. He submits that they asked for

map from Town Planning Authorities for ascertaining which area

comes under “Forest alike area”.

As far as other Respondents are concerned, they do not seem

to have serious objection to grant interim relief, except Respondent

No.1-MoEFCC on whose behalf learned counsel submits that they

need some more time to file reply because they have sought “some

important documents” from the State Government Departments.

 34
The submissions made on behalf of MoEF, under instruction

Item No.9, from Dy. Director, Dr. Ashish Kumar, on the face of it does not convey
th
8 , September,
2016 meaning for the simple reason the copy of this letter addressed to

Order No.5 learned counsel of MoEF only speaks of getting “some important

documents” , without disclosing which document they are seeking. If

there is any request made by them to State Government Department,

the same is also not produced. We are, therefore, pained at the

conduct of MoEF in not participating in the proceeding to assist the

Tribunal.

Taking into consideration of all aspects, we are satisfied grant of

interim relief will not adversary effect Respondent but it will be in

furtherance to what statutory functions Respondents have to perform.

Hence, the order.

Order

1. We restrain all non-forest activity in the “Forest Alike” areas

or ‘Vansadrushya’ in Mahabaleshwar-Panchgani Eco-

sensitive zone areas, carried out in violation of Forest

(Conservation) Act, 1980.

2. We further direct that there shall be no tree felling in

violation of the ESZ Notification dated 17th January 2001.

3. We restrain new development/construction activity in the

‘Forest Alike’ areas or ‘Vansadrushya’.

4. This order is subject to further order depending upon the

stand taken that Respondents would take

5. This order shall enforced by Respondent Nos.3 to 7.

We permit, Respondents to file their counters and

statements. We also direct Respondent No.6 and 7 to furnish details

of permissions for construction activities given by them on Forest Alike

 35
Item No.9, or Vanasdrushya area which comes under their jurisdiction to this
th
8 , September,
2016 Tribunal before next date.

Order No.5
We further direct the Secretary of Urban Development

Department to give details of Survey Numbers and map identified as

“Forest Alike areas” as per the letter of Town Planning authorities

submitted by Applicant at page 63 of the Application

List the case on 7th October, 2016.

..…………………………………, JM

(Dr. Justice Jawad Rahim)

.....………………………………, EM

(Dr. Ajay A. Deshpande)

ajp

//TRUE COPY//
 ANNEXURE A/2
36

CORRECTED ON 04.04.2019

Item No. 08

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)

Original Application No. 108/2018

(M.A. No. 253/2017,
M.A. No. 352/2018,
M.A. No. 1682/2018 &
M.A. No. 1683/2018)
(Earlier O.A. No. 66/2016(WZ)
Bombay Environment Action Group Applicant(s)

Versus
Union of India&Ors. Respondent(s)

Date of hearing: 13.03.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Mr. Sanjay Upadhyay, Ms. Saumya Chaudhari,

Advocates

For Respondent (s): Mr. Dhruv Pal, Mr. Himanshu Pal, Advocates for
R-1, MOEF
Ms. Prachi Sawant H/F Mr. Rahul Garg,
Advocate for R-1
Mr. Shrinivas Yashveer Kulkarni, Advocate
Mr. K.D. Kelkar, Advocate for R-6 & 7
Mr. Madhavi Rahirk, Advocate for R-5

ORDER

1. The issue for consideration is development activities in the forest

like areas known as ‘Vansadrushya’ in Mahabaleshwar Panchgani

Region in Maharashtra. The applicant seeks demolition of

structures illegally constructed in the above areas without

1
 37

following the procedure prescribed under the provisions of Forest

(Conservation) Act, 1980. According to the applicant, the Zonal

Master Plan/Regional Plan prepared for Municipal Council areas

of Mahabaleshwar and Panchgani under section 15(1) of the

Maharashtra Regional Town Planning Act, 1966 MRTP Acts

specifies the ‘Forest Alike’ areas. The area was declared Eco-

Sensitive Zone as per notification dated 17.01.2001. However, the

‘High Level Monitoring Committee’ in its meeting held on

29.02.2016 held that the area may not be treated as ‘Forest Area’

till completion of process for identification. This decision is in

conflict with the judgment of the Hon’ble Supreme Court T.N.

Godavarman Thirumalpad Vs. Union of India & Ors, (1997) 2 SCC

267.

2. By way of illustration, the applicant has filed particulars of some

of the forest like areas where non-forest activity has been allowed

as follows: -

“ Sr. Plot No. Area Ownershi Information Granted

No. p regarding For
permissions
1. CTS No. Mahabales Free Hold Dated 2nd Tourist
210/B/ hwar July 2008 Facility
1, Municipal Deemed
Council Permissions
u/s 45 of
the MRTP
Act
2. CTS No. Mahabales Free Hold Dated 2nd Tourist
210/B/ hwar July 2008 Facility
2&3 Municipal Deemed
Council Permissions
u/s 45 of
the MRTP
Act

2
 38

3. Survey Village Free Hold Application Holiday

No. Haroshi, Dated 15 th Resort
24/1/B Mahabales May 2009.
hwarTaluk
a
4. S.No. Mahabales Lease Dated 2nd Tourist
197- hwar Hold July 2008 Facility
Municipal Deemed
Council Permissions
u/s 45 of
the MRTP
Act
5. CTS Mahabales Free Hold Dated 18th Tourist
211 hwar October Facility
and Municipal 2006-
212- Council Deemed
Florenc Permissions
e Hall, u/s 45 of
the MRTP
Act
6. CTS- Mahabales Free Hold 30th March Rambha
63/C hwar 2007 Hotels
Municipal Deemed
Council Permissions
u/s 45 of
the MRTP
Act

7. CTS- Mahabales Lease Report of IITM ”

134 hwar Hold the
Municipal Municipal
Council Council
detailing
permission
given in
2012

3. Vide interim order dated 08.09.2016, this Tribunal prohibited

non-forest activity in the ‘Forest Alike’ areas of ‘Vansadrushya’ in

Mahabaleshwar-Panchgani Eco-sensitive zone areas in violation of

Forest (Conservation) Act, 1980. This order has been in operation

for the last more than two years.

3
 39

4. Replies have been filed by different official respondents. In the

affidavit filed on behalf of the Panchgani Hill Station, Municipal

Council and the Naib Tahsildar, Taluka Mahabaleshwar, District

Satara, it is stated that the ‘High Level Monitoring Committee’ has

to finalise the issue of “Forest Alike” areas. The Principal Chief

Conservator of Forest has also stated that the Sub-Committee

constituted by the State Government in its minutes order dated

29.02.2016 has not finalised the matter. The Mahabaleshwar Hill

State Council States that the notification dated 17.01.2001,

declaring Mahabaleshwar Panchgani area to be ESZ, does not ban

tourism or residential development. No Tourism Master Plan has

been prepared. The Sub-Committee of High Level Monitoring

Committee has still not finalised the status of the ‘Forest Alike’

areas.

5. The Panchgani Hill Station Municipal Council has given details of

building permissions from 2001 to 2016 are as follows:-

Year 6. Surve
“ 7. S Town Building Purpos Forest Recomme Date of
y l Planni Permissio e of Alike ndation Building
No./Fi ng n Owner Constr Area from Permissi
“ nal Sche uction map Taluka on
Plot me taken Inspector
No. No. or not of Land
Yes/No Records
Dept
Taken or
not
Yes/No.

1 2 3 4 5 6 7 8 9

1. 200 526A1 3 Ms. Reside No Yes 03.05.2

1-02 6 Chairma ntial 001
n, Jai Buildin
Bhavani g
Housing
Society

4
 40

for Shri
Sursh
Baburao
Desai

2. 200 523 3 Smt. Group No Yes 21.05.2

1-02 Ginibai Housin 001
B. Devra g
& Others Schem
for Shri e
Mukesh
Kailash
Devra

3. 200 531 3 The Revised No Yes 02.06.2

1-02 National Educat 001
Spiritual ional
Assembly Buildin
of Bahais g
India for
Headmat
er, New
Era High
School

4. 200 557 3 Shri Reside No Yes 24.02.2

3-04 Balasahe ntial/S 004
b chool
Narayan Buildin
Parthe & g
others

5. 200 527 B 3 Shri Reside No Yes 25.06.2

6-07 Sharukh ntial 006
F Buildin
Kalkatta g
wala

6. 200 376ss 3 Shri Regular No Yes 25.06.2

7-08 /390 Dhirajlal ised 007
C Parekh Reside
& others ntial
for Buildin
Kamlesh g
B Shaha

7. 200 524/4 3 Smt. Reside No Yes 17.08.2

7-08 Pushpa ntial 007
Lakshmi Buildin
das g
Tejani

8. 200 527 B 3 Shri Revised No Yes 19.03.2

7-08 Sharukh Reside 008
F ntial
Kalkatta Buildin
wala g

5
 41

9. 200 523 3 Shri Comm No Yes 21.11.2

9-10 Kailash B unity 009
Devra & Hall/Cl
others ub
House

10. 201 497/4 3 Trusty Educat No Yes 21.01.2 ”

5-16 Mohamm ional 016
adh Buildin
Esmail g
Khoja
Sanatori
um

7. The Mahabaleshwar Hill Station Municipal Council has also given

details of permissions as follows:-

“ SR. Year Survey Buildi Purpo Fores Recom Date of

No. No./Fi ng se of t mendat Building
nal Permis Constr Alike ion Permissi
plot sion uction area from on
No. Owner map Taluka
taken Inspect
or not or of
Yes/ Land
No Record
s Dept
taken
or not
Yes/No

1 2 3 4 5 6 7 8

1. 2001- 184/A PARU RIPEA No No 02.02.2

02 N R 001
VIKAY
CHOK
SHI

2. 2001- 198 SUNIL SWIM No No 23.05.2

02 VINUB MING 001
HAI POOL
PATEL

3. 2001- 198 SUNIL HOLID No No 23.05.2

02 AY 011
HOME

4. 2001- 202B/ A.R. Extra No No 25.04.2

02 4 Aaga 001

5. 2001- 195 Avinas New No No 26.04.2

02 hN 001
Bhosal
e

6
 42

6. 2001- 70/7 Rahat Amuse No No 06.08.2

02 Rashid ment 001
Beg Park

7. 2001- Said Swim No No 25.07.2

02 Eqbal ming 001
Pool

8. 2001- 233 Rita New No No 28.11.2

02 Dhara 001
msi
Chand
an

9. 2001- 70,71, P.K. New No No 02.08.2

02 7/1 Tawar 001
e

10. 2001- 236 Aashis Basem No No 12.07.2

02 h ent 001
Ashok Revise
Agarw
al

11. 2001- 193/1 N.R. New No No 01.11.2

02 94 Desai 001

12. 2001- 15/31 Suren New No No 19.09.2

02 6 dr R. 001
Sanas

13. 2001- 81 Amita New No No 02.08.2

02 Rajni 001
Shaha

14. 2001- 208/2 Amina New No No 23.05.2

02 09 to 001
Engine
ering
Pv.L

15. 2001- 61,62 Direct New No No 23.11.2

02 or 001
Khadi
Gramo
dyog

16. 2001- 210/5 Kisaan New No No 09.01.2

02 B Prabh 001
udas
Bane

17. 2001- 152 Abbas New No No 28.11.2

02 Y. 001
Jasda
nwala

18. 2001- 70/1 Yuvraj New No No 21.12.2

02 Khemr 001
aj
Sanap

7
 43

19. 2001- 104 Sectar Compo No No 26.03.2

02 y The und 002
Club Wall

20. 2001- 15/18 Captio New No No 30.03.2

02 n M.K. 002
Banaji

21. 2002- 217,2 Pradip New No No 10.12.2

03 18 Rama 002
nlal
Zaveri

22. 2002- 202B/ Krush New No No 05.09.2

03 17 naku 002
mar
Daiya

23. 2002- 53/17, J.D. New No No 11.09.2

03 61/52 and 002
Comp
any

24. 2003- 202B Krush Reside No No 03.04.2

04 17 naku ntial 004
mar
Daiya

25. 2003- 193,1 N.R. Compo No No 11.12.2

04 94 Desai und 003
Wall

26. 2003- 202B Yusuf Reside No No 27.06.2

04 22 Lakda ntial 003
wala

27. 2003- 174,1 Sudha Basem No No 23.12.2

04 75 kar D ent 003
Sahtra
buddh
e

28. 2003- 18 Anita Comm No No 19.11.2

04 Rajend ercial 003
ra
Kumar

29. 2003- 16 B.R. Reside No No 14.11.2

04 Lalji ntial 003

30. 2003- 222 Pragat Reside No No 11.12.2

04 i ntial 003
Constr
uction

31. 2003- 15/38 Anita Swim No No 19.11.2

04 5 Rajend ming 003
raKum Pool
ar

32. 2004- 8 Manu Reside No No 24.06.2

al

8
 44

05 Josef ntial 004

Dias

33. 2004- 58 Jayant Reside No No 24.05.2

05 c ntial 004
Owasa
l

34. 2004- 54 Shrim Reside No No 06.04.2

05 ati ntial 004
Ziniya
Loyar

35. 2004- 136 Dilip R Basem No No 25.08.2

05 Zavire ent 004

36. 2004- 122 K.P. Farmh No No 02.12.2

05 Mistri ouse 004

37. 2005- 233 Lalit Reside No No 16.03.2

06 Doshi ntial 006
And
Trusti
es

38. 2005- 202 Amit Reside No No 15.04.2

06 Arun ntial & 005
Malva Comm
de ercial

39. 2005- 87/A Maria Modi No No 29.01.2

06 mP High 005
Mode School

40. 2005- 70/3A Yuvraj Comm No No 15.10.2

06 /1 Khemr ercial 005
aj
sanap

41. 2005- 234 Rita K Comm No No 24.02.2

06 Chand ercial 006
an

42. 2006- 182 C.A. Comm No No 21.04.2

07 Patel ercia 006

43. 2006- 48 AnilKu Reside No No 16.06.2

07 mar ntial 006
Govnd
ji

44. 2006- 211,2 Direct Reside No No 18.10.2

07 12 or ntial 006
Lokha
ndwal
a
compa
ny

45. 2006- 202 B Safari Reside No No 12.05.2

07 Proper ntial 006
ties

9
 45

PVT

46. 2006- 186 Godav Reside No No 14.12.2

07 ari ntial 006
Shuga
r Mill
47. 2006- Lingh Huku Farmh No No 29.12.2
07 mala mchan ouse 006
d
Chora
dia &
Others
48. 2006- 204 Ashok Reside No No 01.12.2
07 Raghu ntial 007
nath
Save
49. 2006- 204/0 Alpex Reside No No 03.07.2
07 5 Intern ntial 007
ational
Comp
any
50. 2007- 106 The Reside No No 30.05.2
08 Club ntial 007
Mahab
aleshw
ar
51. 2007- 204/1 Meher Intern No No 08.10.2
08 K Palia al 007
Chang
es
52. 2007- 236 Aashis Intern No No 31.08.2
08 h al Pool 008
Ashok
Agarw
al
53. 2007- 47 Hotel Swim No No 03.03.2
08 Saket ming 008
Plaza Pool
PVT
54. 2008- 21 Ramc New No No 23.12.2
09 handr 008
a B.
Hirve
55. 2008- 233 Lalit New No No 06.06.2
09 Doshi 008
&
Trusti
es
56. 2008- 193,1 A.V. New No No 07.06.2
09 94 Sutar 008
wala
57. 2008- 88 Manu Swim No No 01.07.2
09 al ming 008
Josef Pool
dies
58. 2009- 158 Sanjay Reside Yes No 27.01.2
10 C ntial 009
Kirlos
kar
59. 2009- 232 Mogra Reside Yes No 29.10.2

10
 46

10 Invest ntial 009

ment
PVT
60. 2009- 62 Mahar Reside Yes No 09.12.2
10 ashtra ntial 009
State
Khadi
Gramo
dyog
61. 2009- 186 The Reside Yes No 03.12.2
10 Manag ntial 009
er
Godav
ari
Shuga
r Mill
62. 2009- 131 A Ziya A Reside Yes No 02.11.2
10 Maska ntial 010
ti
63. 2009- 249,2 Nargis Redev Yes No 18.09.2
10 50,25 F elopm 010
1 Mazad ent
a
64. 2010- 203 Shrim New Yes No 25.04.2
11 ant 011
Gayatr
idevi
Pantpr
atinid
hi
65. 2010- 131 Kirtida Repair No No 02.11.2
11 Unwal ing 010
a
66. 2010- Sarlab Repair No No 19.10.2
11 en ing 010
Parek
h
67. 2010- Gouta Repair No No 10.01.2
11 mN ing 011
Thakk
ar
68. 2011- 107 Utkars Repair No No 01.10.2
12 hD ing & 011
Munot New
69. 2011- 58 Parag Repair No No 07.11.2
12 M ing 011
Munot
70. 2011- 52,53 Consu Repair No No 10.01.2
12 rt PVT ing 012
71. 2012- 134 Scienti New Yes No 20.12.2
13 st 012
Bharat
iya
Ushnd
eshiya
Mous
m
Vidyan
Sanst
ha

11
 47

72. 2012- 195- Avinas Lift No No 13.02.2

13 196 hN 013
Bhosal
e
73. 2012- 202/B Shobh New Yes No 27.11.2
13 a 012
Ramk
umar
74. 2014- 61,62 Direct New Yes No 25.05.2
15 or 014
Khadi
Gramo
dyog
Manda
l
75. 2014- 211,2 Ramk Revise Yes No 25.05.2 ”
15 12 umar 014
Agarw
al
Bramh
a Carp

8. In view of law laid down by the Hon’ble Supreme Court in T.N.

Godavarman Thirumalpad Vs. Union of India & Ors. (supra), once

the area is ‘deemed forest’ as per the ordinary dictionary meaning,

irrespective of whether it is so recorded as such or not, Forest

(Conservation) Act, 1980 is attracted. No non-forest activity in

such area can be permitted in violation of law. All the permissions

granted may have accordingly to be reviewed in the light of the

judgment of the Hon’ble Supreme Court T.N. Godavarman

Thirumalpad Vs. Union of India & Ors. (supra) and the notification

of the MoEF & CC dated 17.01.2001, declaring the area to be Eco-

sensitive zone.

9. For this purpose, we direct constitution of a Joint Committee

comprising of representatives of Chief Conservator of Forest,

Kolhapur and Divisional Commissioner, Pune. The Committee may

12
 48

look into this aspect and compile information about the extent of

area which is covered by the expression ‘forest’ in the light of the

judgment of Hon’ble Supreme Court, in the area in question. The

Chief Conservator of Forest, Kolhapur will be the nodal agency for

coordination and compliance. It is open to the parties to present

their respective versions within two weeks before the Committee

from today. The Committee may give its report within three

months.

List for consideration of the report on 07.08.2019.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

March 13, 2019

O.A. No. 108/2018
PA

//TRUE COPY//

13
 49
1
ANNEXURE A/3

Item No. 23

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)

Original Application No. 108/2018 (WZ)

(M.A. No. 253/2017, M.A. No. 352/2018, M.A. No. 1682/2018,
M.A. No. 1683/2018, I.A. No. 244/2019, I.A. No. 386/2019)
(Earlier O.A. No. 66/2016) (WZ)

Bombay Environment Action Group Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 03.12.2019

CORAM: HON’BLE MR. JUSTICE S.P WANGDI, JUDICIAL MEMBER

HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Mr. Sanjay Upadhayay and Ms. Saumya

Chaudhari, Advocates.

For Respondent (s): Mr. Rahul Garg, Advocate for Respondent

No. 1.
Ms. Madhavi Rahirkar i/b Mr. Nitin
Deshpande, Advocate for Respondent Nos.
2 & 5.
Mr. K.D. Kelkar, Advocate for Respondent
Nos. 6 & 7.
Mr. Rishiraj Walvekar, Advocate for
Respondent No. 8.

ORDER

1. The primary question raised in the present application is the non-

compliance of the orders of the Hon’ble Supreme Court in T.N.

Godavarman v. Union of India & Ors.1 and other cognate orders

1
CWP No. 202/1995
 50
2

issued by the High Court of Bombay. The case pertains to the

destruction of ‘Forest Alike’ areas in the Satara District,

particularly, and statutorily notified Eco-Sensitive Zone (ESZ) of

Mahabaleshwar and Panchgani in violation of the Forest

(Conservation) Act, 1980. It is contended that following the order

dated 12.12.1996 of the Hon’ble Supreme Court in T.N.

Godavarman (supra), the Respondent No. 2 had taken steps to

identify areas falling within the meaning of forest and forest called

‘Vansadrushya’ or ‘Forest Alike’ for the purpose of the Forest

(Conservation) Act, 1980. It is the case of the Applicant that the

directions of the Hon’ble Supreme Court had not been followed even

as on the date when the case was filed. For the moment, it would

be sufficient to record this much as being sufficient for issuing

further directions. It would appear from order dated 08.09.2016

that interim orders were issued which reads as follows:

“ Order

1. We restrain all non-forest activity in the “Forest Alike”

areas or ‘Vansadrushya’ in Mahabaleshwar-Panchgani
Ecosensitive zone areas, carried out in violation of Forest
(Conservation) Act, 1980.

2. We further direct that there shall be no tree felling in

violation of the ESZ Notification dated 17th January 2001.

3. We restrain new development/construction activity in

the ‘Forest Alike’ areas or ‘Vansadrushya’.

4. This order is subject to further order depending upon the

stand taken that Respondents would take.

5. This order shall enforced by Respondent Nos.3 to 7.

We permit, Respondents to file their counters and statements. We

also direct Respondent No.6 and 7 to furnish details of permissions
 51
3

for construction activities given by them on Forest Alike or

Vanasdrushya area which comes under their jurisdiction to this
Tribunal before next date.

We further direct the Secretary of Urban Development Department

to give details of Survey Numbers and map identified as “Forest
Alike areas” as per the letter of Town Planning authorities
submitted by Applicant at page 63 of the Application”

2. The fact that the Respondent State and the other authorities had

not taken any step to get the order vacated, modified or set aside

would indicate that they have acquiesced to the order and accepted

the position thereby giving finality to the order.

3. Order dated 22.03.2017 reveals that map showing ESZ in the entire

Panchgani and Mahabaleshwar identifying the forest, forest

alike/Vanasadrushya areas were available. It had been recorded

clearly that the only action that was required to be taken thereafter

was to identify the structures or encroachments for the purpose of

the Forest (Conservation) Act, 1980 with reference to the maps of

the areas which were admittedly available. Direction was thus

issued upon the Regional Officer of the MoEF &CC to hold a

meeting on 6th & 7th April, 2017 with the District Collector, Satara,

the Mahabaleshwar Hill-station Municipal Council, the Panchgani

Hill-station Municipal Council, the District Forest Officer, Town

Planning Department, and the DSLR Satara, to identify the area/s

where violations of the Forest (Conservation) Act, 1980 have taken

place with reference to the maps of ESZ and chalk out an action
 52
4

plan for enforcing provisions of the Forest (Conservation) Act, 1980

and place the plan before us.

4. The records reveal that the above order has still not been complied

with although the case had been taken up on several dates

stretching to more than 2½ years from 22.03.2017. It would be

apparent from the facts and circumstances appearing in the case

that primarily two questions arise for consideration, namely, (1)

Whether there has been any violation of the provisions of Forest

(Conservation) Act, 1980; (2) Whether such forest which falls within

the ESZ after it was declared brings within its ambit structures

which are in existence and, (3) Whether new construction have

come up in violation of both the regulations. Considering the lapse

of time, these informations ought to have been furnished by now.

There appears to be relentless effort on the part of the authorities to

delay the process giving fillip and encouragement to violators

despite the order of prohibition dated 08.09.2016.

5. We, therefore, direct the Mahabaleshwar Hill Station Municipal

Council, the Panchgani Hill Station Municipal Council, the District

Collector, Satara and the Chief Conservator of Forest (CCF),

Kohlapur, to file a report on the following:

1. Number of cases filed under Section 2 of the Forest

(Conservation) Act, 1980 against those in violation of the

said law.
 53
5

2. Number of structures that existed in the declared ESZ

prior to its Notification.

3. Action taken against such structures which have come up

in violation of the Forest (Conservation) Act, 1980 and

ESZ Notification.

6. Let the report be filed before the next date making it clear that

laxity on the part of the authorities shall be viewed seriously.

7. List on 30.01.2020.

S.P Wangdi, JM

Dr. Nagin Nanda, EM

3rd December, 2019

O.A. No. 108/2018
avt

//TRUE COPY//
 ANNEXURE A-4 54
OFFICE OF TAHASILDAR, MAHABALESHWAR

READ : 1. Original Application NO.108/2018 of the National Green

Tribunal, New Delhi.
2. Order dated 27.10.2020 passed by the National Green
Tribunal, New Delhi.
3. Order No.Maha/Mashwar/Jamin/Kavi532/2020 Satara
issued by the Collector, Satara dated 11.12.2020

----------------------------------------------------------------------------------------------

No.bhumapan/vansadrashya/padtalani/2020

Mahabaleshwar dated 20.11.2020

To,
All concerned,
Mauje Nakinda,
Tq. Mahabaleshwar, Dist. Satara

Subject : Verification of the forest-like property

Apropos the subject noted above and pursuant to the order dated

27.10.2020 passed by the National Green Tribunal, New Delhi in

Original Application No.108/2018, directions are issued to verify the

forest-like property situate at Mahabaleshwar-Panchgani.

Pursuant thereto, for the purpose of taking sate-lite images and to

prepare the maps and also to verify the actual situation at site of the

forest-like area situate at Mahabaleshwar-Panchgani, the officers and

the employees from the Office of the Land Records, Department of

Revenue, Department of Forest, Department of Urban Development

have been appointed, as per Read No.3 above.

Said squad shall verify the following :

 55
Date Village Survey No.
Name
02.12.2020 till Nakinda 6,7,9,13,4,20,21,26,17,22,28,29
completion of
the work

Hence, all the concerned are directed to remain present on the

said day at the aforementioned survey numbers and show the actual site

inspection/ occupation, boundaries etc.

Date : 02.12.2020
Place : Mahabaleshwar

Sd/- Sd/-
Range Forest Officer, For Block Development
Mahabaleshwar Officer, Mahabaleshwar

Sd/- Sd/-
Dy. Superintendent of Land Records, Tahasildar,
Mahabaleshwar Mahabaleshwar

//TRUE TRANSLATED COPY//

ANNEXURE A/5
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
 76

//TRUE COPY//
 77
ANNEXURE A-6
Pursuant to the order dated 27.10.2020 passed in Original
Application No.108/2018 (Old No.66/2016) passed by the Hon’ble
National Green Tribunal, New Delhi and the order dated 19.11.2020
issued by the Collector, Satara vide Order No. mah/
meshwar/jamin/kavi-535/2020 following interested persons/
interested party were present for the purpose of site inspection
carried out by the joint squad from the Department of Land Records,
Revenue Department, Forest Department, Urban Development
Department / Municipal Council Mahabaleshwar / Panchgani today
i.e. -----11/2020.

Sr. Village Inspected Persons Present Signatur

No. Name Survey e
Numbers
1 Nakinda 15,14,17,13,2 Chandrakant Laxman Sd/-
0,9 Dhebe
Jaywant Haribhau
Dhebe Sd/-
22/2A/1part Lala Eknath Jadhav sd/-

22 Rohini Ramkrishna Sd/-

Vaidya
26/1 Vijay Sevak Ramani Sd/-
28/1D Santosh Narayan Sd/-
Wadkar

//TRUE TRANSLATED COPY//

ANNEXURE A/7
78
79
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 100
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I.A. NO. OF 2021

IN

CIVIL APPEAL NO. _____ OF 2021

IN THE MATTER OF:

JAMSHID KERSI DALAL ...PETITIONER
VERSUS
UNION OF INDIA & ORS. …RESPONDENTS

APPLICATION SEEKING PERMISSION TO FILE THE

CIVIL APPEAL

TO
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION HON’BLE JUDGES
OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF
PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. This appeal is being filed under Section 22 of the National

Green Tribunal Act, 2010 against the impugned judgment and

final order dated 27.10.2020 passed by the Hon’ble National

Green Tribunal hereinafter “NGT”), Principal Bench, New

Delhi in Original Application No. 108 of 2018 wherein the

 101

Hon’ble NGT while considering the issue of non-forest

development activities in the ‘forest alike areas’ in

Mahabaleshwar and Panchgani Region in Maharashtra and

directing for completion of the verification process of such

areas by the Respondent authorities held that in respect of

such areas as are found to be encroached in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the

Forest Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ and thus has

rendered the present Appellant remediless.

2. The contents of the appeal may be referred to and relied upon

for the purposes of the present application and the same is not

being repeated herein for the sake of brevity.

3. The present petitioner is not a party before the Hon’ble

National Green Tribunal at the time of the passing of the

Order impugned herein. However, he is directly aggrieved by

the impugned Order, as the Hon’ble Tribunal has directed for

completion of the verification process of “forest like areas” by

the Respondent authorities found to be encroachments and in

 102
violation of the Forest (Conservation) Act, 1980, the Collector,

Satara, and further directed the Forest Department to

straightaway proceed to remove the encroachments for which

no approval of MoEF & CC will be required, even if such area

is part of the ESZ and thus has rendered the present Appellant

remediless.

4. The Appellant herein is the owner of an agricultural plot

bearing Survey no. 28/1D [Old Survey No. 24(1D)] at Village

Nakinda, Taluka Mahabaleshwar, District Satara. He is likely

to be directly affected by the Orders passed by the Hon’ble

Tribunal, as the Authorities of the State have been directed to

proceed with demolition without considering the aspect of

natural justice. Further, these Orders have been passed by the

Hon’ble Tribunal without hearing those who are land owners

and including the Appellant.

5. Although the Appellant is not in violation of any

Order/Regulations/Etc. However, the Appellant seeks to file

the present appeal only to assert his right to be heard and that

of natural justice.
 103
6. No prejudice will be caused to any of the Respondents if the

present application is allowed.

7. That the present Application has been made bonafide and in

interest of justice.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble

Court may be pleased to:

a. Permit the Applicant to file the present Civil Appeal

assailing the final order dated 27.10.2020 passed by the

Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in Original Application No.

108 of 2018; and/or

b. pass such other further orders or directions as this Hon’ble

Court deems fit in the circumstances of the case and in the

interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS

IN DUTY BOUND SHALL EVER PRAY.
FILED BY

Place: New Delhi

FILED ON: 04.01.2021. MR. PAI AMIT
ADVOCATE FOR THE PETITIONER
 104
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I.A. NO. OF 2021

IN

CIVIL APPEAL NO. _____ OF 2021

IN THE MATTER OF:

JAMSHID KERSI DALAL ...Petitioner
VERSUS
UNION OF INDIA & ORS. …Respondents

APPLICATION FOR EXEMPTION FROM FILING

CERTIFIED COPY OF THE FINAL JUDGMENT AND ORDER.

TO
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION HON’BLE JUDGES
OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF
PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. This appeal is being filed under Section 22 of the National

Green Tribunal Act, 2010 against the impugned judgment and

final order dated 27.10.2020 passed by the Hon’ble National

Green Tribunal hereinafter “NGT”), Principal Bench, New

Delhi in Original Application No. 108 of 2018 wherein the

 105
Hon’ble NGT while considering the issue of non-forest

development activities in the ‘forest alike areas’ in

Mahabaleshwar and Panchgani Region in Maharashtra and

directing for completion of the verification process of such

areas by the Respondent authorities held that in respect of

such areas as are found to be encroached in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the

Forest Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ and thus has

rendered the present Appellant remediless.

2. The contents of the appeal may be referred to and relied upon

for the purposes of the present application and the same is not

being repeated herein for the sake of brevity.

3. The Petitioner most respectfully submits that the certified

copy of the final judgment and order dated 27.10.2020 has not

yet been obtained and, due to the paucity of time, in lieu

thereof the copy as is available on the website of Hon’ble High

Court has been used for the purposes of e-filing the present

appeal. The Petitioner most respectfully submits that if the

 106
Hon’ble Court directs, the Certified Copy of the Impugned

Order will be filed before the Registry of this Hon’ble Court.

4. No prejudice will be caused to any of the Respondents if the

present appeal is filed without the certified copy.

5. Hence, this Hon’ble Court may exempt the Petitioner from

filing certified copy of the impugned judgment and order

dated 27.10.2020 passed by the Hon’ble National Green

Tribunal hereinafter “NGT”), Principal Bench, New Delhi in

Original Application No. 108 of 2018.

6. That the present Application has been made bonafide and in

interest of justice.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble

Court may be pleased to:

a. exempt the Petitioner from filing certified copy of the final

impugned judgment and order dated 27.10.2020 passed by

the Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in Original Application No.

108 of 2018; and

 107
b. pass such other further orders or directions as this Hon’ble

Court deems fit in the circumstances of the case and in the

interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS

IN DUTY BOUND SHALL EVER PRAY.
FILED BY

Place: New Delhi

FILED ON: 04.01.2021. MR. PAI AMIT
ADVOCATE FOR THE PETITIONER
 108
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I.A. NO. OF 2021

IN

CIVIL APPEAL NO. _____ OF 2021

IN THE MATTER OF:

JAMSHID KERSI DALAL ...Petitioner
VERSUS
UNION OF INDIA & ORS. …Respondents

APPLICATION SEEKING EXEMPTION FROM FILING

OFFICIAL TRANSLATIONS OF ANNEXURES

TO,
HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS
COMPANIAN JUDGES OF SUPREME COURT OF INDIA.
HUMBLE APLICATION ON BEHALF OF
THE APPLICANT ABOVE-NAMED

MOST RESPECTFULLY SHOWETH:

1. This appeal is being filed under Section 22 of the National

Green Tribunal Act, 2010 against the impugned judgment

and final order dated 27.10.2020 passed by the Hon’ble

National Green Tribunal hereinafter “NGT”), Principal

Bench, New Delhi in Original Application No. 108 of 2018

wherein the Hon’ble NGT while considering the issue of

 109
non-forest development activities in the ‘forest alike areas’

in Mahabaleshwar and Panchgani Region in Maharashtra

and directing for completion of the verification process of

such areas by the Respondent authorities held that in

respect of such areas as are found to be encroached in

violation of the Forest (Conservation) Act, 1980, the

Collector, Satara and the Forest Department may

straightaway proceed to remove the encroachments for

which no approval of MoEF&CC will be required, even if

such area is part of the ESZ and thus has rendered the

present Appellant remediless

2. The contents of the appeal may be referred to and relied

upon for the purposes of the present application and the

same is not being repeated herein for the sake of brevity.

3. That along with appeal, the Petitioner are also filing

Annexure A/4 and A/6 which is in Marathi and

under the rules, same are required to be officially

translated into English.

4. That the Petitioner has got the Annexure A/4 and

A/6 translated into English privately and crave leave

 110
of this Hon’ble Court to exempt the Petitioners from

getting the same officially translated.

5. That the Petitioner is filing true and correct English

translation of the copy of Annexure A/4 and A/6

which may kindly be taken on record.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

I. Grant exemption the Petitioner herein from filing official

translation of Annexure A/4 and A/6 filed along with

Special Leave Petition; and /or

II. Pass such other order or orders as may be deemed fit

and proper in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS PETITIONER IS IN

DUTY BOUND SHALL EVER PRAY.
FILED BY:

Place: New Delhi

Date of Filing: 04.01.21
[PAI AMIT]
Advocate for The Petitioner
 111
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. OF 2021
IN
CIVIL APPEAL NO. _____ OF 2021

IN THE MATTER OF:

JAMSHID KERSI DALAL ...PETITIONER
VERSUS
UNION OF INDIA & ORS. …RESPONDENTS

APPLICATION SEEKING AD INTEIRM EX PARTE STAY

TO
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION HON’BLE JUDGES
OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF
PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. This appeal is being filed under Section 22 of the National

Green Tribunal Act, 2010 against the impugned judgment and

final order dated 27.10.2020 passed by the Hon’ble National

Green Tribunal hereinafter “NGT”), Principal Bench, New

Delhi in Original Application No. 108 of 2018 wherein the

Hon’ble NGT while considering the issue of non-forest

development activities in the ‘forest alike areas’ in

Mahabaleshwar and Panchgani Region in Maharashtra and

 112

directing for completion of the verification process of such

areas by the Respondent authorities held that in respect of

such areas as are found to be encroached in violation of the

Forest (Conservation) Act, 1980, the Collector, Satara and the

Forest Department may straightaway proceed to remove the

encroachments for which no approval of MoEF&CC will be

required, even if such area is part of the ESZ and thus has

rendered the present Appellant remediless.

2. The contents of the appeal may be referred to and relied upon

for the purposes of the present application and the same is not

being repeated herein for the sake of brevity.

3. The Appellant herein is the owner of an agricultural plot

bearing Survey no. 28/1D [Old Survey No. 24(1D)] at Village

Nakinda, Taluka Mahabaleshwar, District Satara. He is likely

to be directly affected by the Orders passed by the Hon’ble

Tribunal, as the Authorities of the State have been directed to

proceed with demolition without considering the aspect of

natural justice. Further, these Orders have been passed by the

Hon’ble Tribunal without hearing those who are land owners

and including the Appellant.

 113
4. The Order impugned herein has been passed by the Hon’ble

National Green Tribunal, without hearing the Appellant

herein as well as similarly placed persons. As stated above, the

Hon’ble Tribunal has directed that the Forest Department to

straight away remove the encroachments for which no

approval of MoEF & CC has been sought. It is submitted that

the direction is in contravention of the principles of natural

justice, and can be to the detriment of the Appellant without

the Appellant being a party or having been heard by the

Hon’ble Tribunal or the Authorities.

5. Although the Appellant is not in violation of any

Order/Regulations/Etc. However, the Appellant seeks to file

the present appeal only to assert his right to be heard and that

of natural justice.

6. No prejudice will be caused to any of the Respondents if the

present application is allowed. However, if the same is not

allowed, grave prejudice will be caused to the Appellant.

7. That the present Application has been made bonafide and in

interest of justice.

PRAYER
 114
It is therefore, most respectfully prayed that this Hon’ble

Court may be pleased to:

a. Grant ad interim ex parte stay of the operation of the

directions in the Order dated 27.10.2020 passed by the

Hon’ble National Green Tribunal hereinafter “NGT”),

Principal Bench, New Delhi in Original Application No.

108 of 2018; and/or

b. pass such other further orders or directions as this Hon’ble

Court deems fit in the circumstances of the case and in the

interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS

IN DUTY BOUND SHALL EVER PRAY.
FILED BY

Place: New Delhi

FILED ON: 04.01.2021. MR. PAI AMIT
ADVOCATE FOR THE PETITIONER
 115
PAI AMIT 223, M.C. Setalvad Block,
Advocate-on-Record New Lawyers Chambers,
The Supreme Court of India. The Supreme Court of India,
New Delhi – 110001.
Mobile Phone:+91-9953557798
email: [email protected]

06.01.2021

To,
The Registrar,
Supreme Court of India.

D.NO.:173 of 2021
JAMSHID KERSI DALAL vs. UNION OF INDIA & ORS
Sir,

The registry has pointed out a defect, being defect no.2 asking me to clarify
whether the matter is from the Principal Bench or the Pune Bench of the National
Green Tribunal. It is submitted that the same is clarified on the cover page, as well as
paragraph No. 1 of Synopsis and Paragraph No. 1 of the Appeal. For clarity, it is
submitted that the matter arises from the Principal Bench of the National Green
Tribunal at New Delhi.

Therefore, the defect may be ignored as being not applicable, and the matter be
processed for registration, verification and listing urgently.

Sincerely

Pai Amit
Advocate on Record
 116
SECTION:XVII
IN THE SUPREME COURT OF INDIA
(CIVIL/CRIMINAL ORIGINAL/APPELLATE JURISDICTION)
CIVIL APPEAL……………2021

JAMSHID KERSI DALAL ...Petitioner

VERSUS
UNION OF INDIA & ORS. …Respondents

INDEX
SL.NO. PARTICULARS COPIES AMOUNT

1.CIVIL APPEAL With Affidavit_____________________________

2.Annexure P-1 to P-7
3. Application seeking exemption from filing certified copy of
Impugned Order
4 Application seeking exemption from filing official translations of
Annexures
5. Vakalatnama
6.
7.

Dated:04.01.2021. [MR.PAI AMIT]

Advocate for the Petitioner/Respondent
MR.SUNIL KR SAH 223, New Lawyers’ Chamber
I Card No.6443 Setalvad Block, Supreme Court of India
Mob :9910098988 New Delhi – 110 001
Ph: 0120-4338928
Code No.2649 Mob.:9953557798
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
117
CIVIL APPEAL NO. _____ OF 2020

JAMSHID KERSI DALAL

UNION OF INDIA & ORS.

DECEMBER
17

JAMSHID KERSI DALAL

04 JANUARY 2021
 118
MEMO OF PARTIES

HON’BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL

BENCH, NEW DELHI
ORIGINAL APPLICATION NO. 108 OF 2018

1. Bombay Environment Action Group Applicant

4 Kurla Industrial Estate, LBS Marg,
Ghatkopar West Mumbai – 400086,
Maharashtra
AND

1. UNION OF INDIA
Through Secretary Ministry of
Environment, Forest and Climate Change
Indira Paryavaran Bhawan, Jor Bagh
Road,New Delhi,110003
2. State of Maharashtra
Through its Revenue and Forest
Department
Mantrayala
Mumbai 400 032, Maharashtra
3. Principal Chief Conservator of Forests
Mahabaleshwar
Mahabaleshwar District Satara ,412806,
Maharashtra
4. Urban Development Department
floor, A Wing, Mittal Tower, Nariman
Point, Mumbai- 400021.
5. District Collector
District Collector Office
Near LIC Building
Powai Naka, Satara
415001
 119
6. Municipal Council, Mahabaleshwar Hill
Station
Mahabaleshwar District Satara ,412806,
Maharashtra
7. Municipal Council,
Panchgani Hill Station Respondents
Table Land Road, Bhim Nagar,
Panchgani, Maharashtra 412805

Filed by:

PAI AMIT
Filed on: 04.01.2021 ADVOCATE FOR THE PETITIONER
Place: New Delhi