An environmental activist has recently filed an application in the National Green Tribunal (NGT) (West Zone) for the restitution and restoration of the environment and ecology of the ‘Kaas Plateau’ under Section 15 of the National Green Tribunal Act, 2010 (NGT Act), read with Sections 18 and 20 of the NGT Act.
The application raises concerns about illegal construction near the plateau, which is threatening the biological diversity and the rights of wild animals in ‘Kaas Plateau’.
The ‘Kaas Plateau’ is situated 25 kilometres from Satara district in Maharashtra. The plateau was added to the list of UNESCO World Heritage Sites in 2012 as part of the Western Ghats.
According to the application, a significant number of farmhouses and hotels have been built illegally on the Yavateshwar-Kas Road. These illegal constructions are operating in an Eco-Sensitive zone, causing serious environmental damage to the ‘Kaas Plateau’.
These constructions are continuously polluting the environment. The aforementioned establishments are discharging untreated effluents outside their premises, emitting harmful air pollutants directly into the environment, and unlawfully extracting groundwater for commercial use. Furthermore, the respondents are dumping their kitchen and other wastes in a dumping location in Satara, according to the applicant.
The Applicant claims that the observations and subsequent notices issued by the Maharashtra Pollution Control Board (MPCB) clearly show that hundreds of establishments are operating illegally in the Kaas Plateau region, which is a pollution control area under the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, and the Solid Waste Management Act.
According to the Applicant, in response to the MPCB’s observations and following notices, the Applicant sent a notice dated 22/10/2022 to the District Collector, Satara, asking him to take prompt and strict action against all of the respondents. However, no action has been done against the Respondents to date.
Applicant emphasized that, in accordance with Westend Green Farms Society vs. Union of India & Ors, the CPCB issued the Guidelines for Pollution Control and Enforcement of Environmental Norms at Individual Establishments and Areas, Cluster of Restaurants, Hotels, Motels, Banquets, and so on.
According to the Guidelines, the concerned SPCB/PCC must acquire Consent to Establish (NOC) before beginning of construction activities and Consent to Operate (CTO) before beginning operation of units under the Water Act of 1974 and the Air Act of 1981. The respondents have been operating illegally without obtaining any such permission, submits the applicant.
The Applicant has requested that the Respondents, MPCB, Environment & Climate Change Department, State of Maharashtra, remove and demolish all illegal constructions on the ‘Kaas Plateau’ and impose heavy fines for environmental damages caused by the hundred Respondents who have illegally constructed and are operating hotels and farmhouses on the Yavateshwar to Kas Road and on the ‘Kaas Plateau.
