Disposed

Rustom Jehangir Cama v. Ministry of Environment Forest and Climate Change

NGT22 Jan 2025Original Application No. 145/2024

Case brief

AI extract

What is this about?

The National Green Tribunal, Central Zone Bench, Bhopal, disposed of two original applications concerning illegal construction, encroachment, and violation of the Zonal Master Plan in Mount Abu. The court noted the High Court had already decided the matter and the revised Zonal Master Plan-2030 was notified, directing petitioners to file fresh applications.

What did the court decide?

Petitioners directed to file applications for construction permission within one week; Municipal Board directed to decide within four weeks; petitions disposed of in light of High Court order.

Rustom Jehangir Cama vs Ministry of… — Constitutional and Fundamental Rights | NGT (2025)

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Item No.2 and 3

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EFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.32/2022(CZ)

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Lokendra Singh Applicant (s)

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Vs.

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Chief Secretary, State of Rajasthan & Ors. Respondent(s)

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WITH

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Original Application No.145/2024(CZ)

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Rustom Jehangir Cama Applicant (s)

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Vs.

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Union of India & Ors. Respondent(s)

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Date of Hearing: 22.01.2025

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Ms. Diksha Chaturvedi, Adv. Ms. Shibhani Ghosh, Adv. For Respondent(s) : Mr. Shreyansh Mardia, Adv. Mr. Shoeb H. Khan, Adv. Ms. Aastha Kachawa, Adv. for Mr. Rohit Sharma, Adv. Mr. Adhiraj Singh Rajawat, Adv.

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ORDER

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The matter of illegal construction, encroachment over public roads and violation of Zonal Master Plan was raised in O.A. No. 32/2022 and notices were issued to the respondents. In the meantime, the matter was reported that Zonal Master Plan 2030 is under preparation and i.e. before the State Government for issue of final draft notification.

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. O. A No. 145/2024(CZ) Rustom Jehangir Cama vs. Union of India & Ors.

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Rustom Jehangir Cama vs. Union of India & Ors.

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The relief clause in O.A. No. 145/2024 is to the effect to direct the respondent to enforce the Environment (Protection) Act, 1986 and to Eco Sensitive Zone Notification in accordance with the Zonal Master Plan 2030.

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Vide previous order it was communicated by the Learned Counsel for the state that Zonal Master Plan 2030 of Mount Abu has been finalised and the matter of litigation was reported to be pending before the Hon’ble High Court, which was finally heard and decided vide order dated 12.12.2024. S.B. Civil Writ Petition No 6519/2023 (Shaitan Singh vs. State) connected with S.B. Civil Writ Petition No 1174/2019, S.B. Civil Writ Petition No 1921/2019, S.B. Civil Writ Petition No 1092/2021, S.B. Civil Writ Petition No 1985/2021, S.B. Civil Writ Petition No 2484/2021 and other Writ Petitions was disposed of vide order dated 12.12.2024 as follows :

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“ The present batch of writ petitions arises out of the same cause of action and is based on almost similar facts, therefore, they are being disposed of by this common order.

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For convenience, the facts of S.B. Civil Writ Petition No.6519/2023 (Shaitan Singh vs. State of Rajasthan) are taken into consideration.

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Briefly noted the facts of the present writ petition are that the petitioner is a resident of Mount Abu and is having residential plot Nos.1 and 2 at New Delwara, Bheel Colony, Mout Abu. The plots in question were purchased by the petitioner in the year 2018 and after purchasing the said plots, he filed an application before the Municipal Board, Mount Abu seeking permission for construction of the house. The said application was rejected by the respondent – Municipal Board.

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After enforcement of new bylaws, the petitioner moved another application on 13.06.2019 for raising construction, but the same

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. O. A No. 145/2024(CZ) Rustom Jehangir Cama vs. Union of India & Ors.

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O. A No. 145/2024(CZ)

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too was rejected on the ground that the State Government is in the process of framing the Zonal Master Plan for Mount Abu, in pursuance of the directions issued by the National Green Tribunal vide its order dated 10.03.2021. Since the State Government did not act upon the directions issued by the National Green Tribunal, resultantly, the permission for construction is not being processed and decided by the State Government, therefore, the present writ petitions have been filed.

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Learned counsel for the petitioners vehemently submitted that after lapse of more than three years, Zonal Master Plan for the Mount Abu has not been prepared by the State Government, in compliance of the directions of the National Green Tribunal and, as such, the permission to undertake the construction on the subject pieces of land has not been granted. In these circumstances, this Court has passed various orders from time to time and the State Government has been directed to expedite framing of the Zonal Master Plan for Mount Abu.

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Shri Rajesh Panwar, learned Additional Advocate General was directed to file an affidavit with respect to the progress made by the State Government for framing of the Zonal Master Plan.

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The learned Additional Advocate General has filed the compliance report today before this Court, which is taken on record. As per the compliance report, the Notification dated 09.12.2024 framing the Zonal Master Plan for Mount Abu has been issued and the same has been published in the Rajasthan Gazette on 11.12.2024. In view of the Publication of the Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone, learned Additional Advocate Submits that application for construction of the petitioners and other similarly situated persons will be considered and the same will be processed/decided as per the latest provisions. He assures that those applications which merit acceptance, requisite permission for construction will be granted to them.

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Rustom Jehangir Cama vs. Union of India & Ors.

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. O. A No. 145/2024(CZ) Rustom Jehangir Cama vs. Union of India & Ors.

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I have considered the submissions made at the Bar and gone through the relevant record of the case including the compliance report filed on behalf of the respondent No.2.

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It will be worthwhile to reproduce the substance of the Notification dated 09.12.2024, which reads as under :-

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“File No.F12(3)/Env/2009/Part-II.--The Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone has been issued vide Notification of Department of Environment dated October 29, 2015.

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In compliance of the directions of Hon’ble NGT in the matter of O.A. No.312/2016 “Dr. Arun Kumar Sharma v/s. MoEF&CC”, based on the report submitted by Expert Committee constituted by Hon’ble NGT, after considering the report submitted by such committee, the Zonal Master Plan has been revised and Volume III to the Zonal Master Plan-2030 has been added for such revision.

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Copy of revised Zonal Master Plan-2030 Mount Abu EcoSensitive Zone is available at the environment.rajasthan.gov.in website and can also be seen at Municipal Council, Mount Abu. This Mount Abu Zonal Master Plan-2030 shall come into force with immediate effect.”

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Further, the State Government in the compliance report has submitted that permissions will be granted in accordance with the revised Zonal Master Plan. For brevity, the paras A. to C of the compliance report are also reproduced as under :-

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A. That it is most humbly submitted that the Zonal Master Plan-2030 Mount Abu has been duly revised after thoughtful consideration of the report submitted by the Expert Committee and in pursuance of the directions of the Ld. National Green Tribunal in the matter of O.a. No.312/2016

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Rustom Jehangir Cama vs. Union of India & Ors.

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. O. A No. 145/2024(CZ) Rustom Jehangir Cama vs. Union of India & Ors.

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“ Dr. Arun Kumar Sharma v/s MoEF & CC”. It is further submitted that the said plan has been revised a notification has been issued by the competent authority on 11.12.2024 in the Rajasthan Gazette. A copy of the notification dated 11.12.2024 is annexed herewith and marked as Annexure-B/1.

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B. That it is further submitted that this Hon’ble Court vide order dated 20.09.2024 also raised its concern ‘that the residents of Mount Abu, having their property even in residential area, are not in a position to renovate/construct their houses for so many years; this Court takes note of the plight of the poor and improvised people, who do not have means to approach the Courts and authorities and are thus deprived of access to basic amenities such as toilets, shelter, additional room (s) etc.’. In this regard, it is most respectfully submitted that the revised Zonal Master Plan-2030 of Mount Abu has been passed after considering the views of the Expert Committee and the directions of the NGT. The said plan aims to resolve all the hardships faced by the residents of Mount Abu in an efficacious manner.

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C. That it is further submitted that the construction permissions would be issued forthwith and strictly in accordance with the revised Zonal Master Plan and the existing building bye law prevailing in the town of Mount Abu.”

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In view of the discussions made above, the present writ petitions are disposed of with a direction to the petitioners to file an appropriate application seeking permission of construction on the subject pieces of their land in accordance with the provisions of the Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone and the building bylaws prevailing in the Mount Abu within a period

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors.

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O. A No. 145/2024(CZ)

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Rustom Jehangir Cama vs. Union of India & Ors.

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of one week and the respondent – Municipal Board Mount Abu shall decide such applications within a period of four weeks thereafter keeping in mind the provisions of the Zonal Master Plan-2030 Mount Abu Eco-Sensitive Zone and the building bylaws prevailing in the Mount Abu strictly in accordance with law.

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The stay application and other pending applications, if any, also stand disposed of.” (copy filed by respondent)

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Learned Counsel for the applicant has submitted that the copy of the Zonal Master Plan is not available to them.

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The above contention with other issues were raised before Hon’ble High Court, which has been heard and decided. Zonal Master Plan 2030, Mount Abu Eco Sensitive Zone is available on the environment.rajasthan.gov.in website and can also be seen at Municipal Council, Mount Abu.

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As per provision the Mount Abu Zonal Master Plan 2030 shall come into force with immediate effect. Rest of the issues has already been discussed in last para in the order of Hon’ble High Court and any application with regard to permission for construction on the subject piece of land in accordance with the provisions of Zonal Master Plan 2030 Mount Abu Eco Sensitive Zone or the encroachment, if any, matter be raised before the Municipal Board Mound Abu in accordance with the provisions of law. The legality and validity of the Zonal Master Plan are not subject matter at present and anyone aggrieved may file the appropriate application before the appropriate forum. Since the matter has already been heard and decided by the Hon’ble High Court, thus, both these Original Application No.

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Rustom Jehangir Cama vs. Union of India & Ors.

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. O. A No. 145/2024(CZ) Rustom Jehangir Cama vs. Union of India & Ors.

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32/2022 (CZ) and O.A. No. 145/2024 (CZ) are disposed of in light of the order passed of Hon’ble High Court dated 12.12.2024 passed in S.B. Civil Writ Petition No. 6519/2023 and connected matters.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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22^nd January, 2025 O. A No. 32/2022 & 145/2024(CZ) K

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O. A No. 32/2022 (CZ) Lokendra Singh.Vs. Chief Secretary, State of Rajasthan & Ors. Rustom Jehangir Cama vs. Union of India & Ors.

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O. A No. 145/2024(CZ)

Rustom Jehangir Cama v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Rustom Jehangir Cama v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

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