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Summary
SEMESTER – VI
ENVIRONMENT LAW
(2BL644)
CE - II
ENVIRONMENTAL REPRESENTATION
Request to halt the expansion of Pachmarhi Airstrip by the Airport Authority of
India (AAI)
ADARSH ARYAN (21BAL081)
ANA JAIN (21BAL090)
NEHA BHARDWAJ (21BAL120)
SIDDHANT SISODIA (21BAL144)
TIRTH PURANI (21BAL151)
To, Date - 05/04/2024
Hon’ble Chairperson, Mr. Justice Prakash Shrivastava,
National Green Tribunal, Central Zone Bench,
State Commission Bhawan, Area Hills,
Bhopal – 462011 (M.P.)
Subject – Request to Halt Expansion of Pachmarhi Airstrip by the Airport
Authority of India (AAI)
Respected Sir,
We are students from the Institute of Law, Nirma University, Ahmedabad and we are writing this
letter to you on behalf of the Centre for Environment Law, concerned citizens, and other
environmental advocates regarding the proposed expansion of the Pachmarhi Airstrip by the
4
Airport Authority of India (AAI). The existing 1,200-metre airstrip built during the British era is
being expanded by the Public Works Department (PWD) to 1,800 meters defying the Wildlife
(Protection) Act, 1972 (hereto attached as “Annexure I”), and ESZ notification (hereto attached
as “Annexure II”). As the custodians of justice and guardians of environmental protection, we
urge your esteemed tribunal to intervene and halt this expansion project in light of its potential
adverse environmental impacts and to explore sustainable alternatives.
The Centre for Environment Law has been involved in environmental protection programs and has
been closely scrutinizing the expansion project of the AAI in Pachmarhi ever since the Central
Government made it part of its regional connectivity scheme UDAN under the Union Ministry of
Civil Aviation brought in 2016. The Centre tried to reach out to the AAI and the Union
Government voicing concerns about the potential danger posed by this project for all the
stakeholders. Hereto attached as “Annexure III” is the response letter from the authorities.
Unfortunately, the response has not been very satisfactory, and further developments are taking
place which are detrimental to this environmentally sensitive area.
4
It is a common knowledge that Pachmarhi, also known as ‘Satpura ki Rani’, is located in the
4
Satpura range in Madhya Pradesh and is not only a part of the Satpura Biosphere Reserve, but also
home to the Satpura National Park and Tiger Reserve, and Dhupgarh, the state’s highest point.
4
Hereto attached as “Annexure IV” are the images and maps of the concerned area. Several species
of rare plants are found in the forest of Pachmarhi and for this reason, back in May 2009, UNESCO
added it to the list of UNESCO Biosphere Reserves. Hereto attached as “Annexure V” is the
information about the reserved area derived from the website of UNESCO. Pachmarhi Biosphere
6
is often recognized as the “Genetic Express Highway” linking two biodiversity hot spots of the
country, viz., Eastern Himalaya and Western Ghats, and acts as the confluence of northern and
southern types of vegetation.
The proposed expansion of the Pachmarhi Airstrip raises several grave environmental
concerns, including but not limited to:
1. Ecological Disruption: Pachmarhi is located in a region renowned for its biodiversity,
11
housing numerous endemic and endangered species of flora and fauna. The expansion of
7
the airstrip risks irreversible damage to the delicate ecological balance of the area,
including disruption of habitats, loss of biodiversity, and fragmentation of wildlife
corridors.
2. Water Resources Depletion: The expansion project may necessitate land clearing and
9
alteration of natural drainage patterns, potentially leading to the depletion of local water
resources such as streams, rivers, and groundwater aquifers. This could have far-reaching
consequences for both human communities and ecosystems reliant on these water sources.
3. Air and Noise Pollution: Increased air traffic resulting from the expanded airstrip would
contribute to elevated levels of air and noise pollution in the vicinity of Pachmarhi. Such
pollution not only poses risks to public health but also undermines the serene natural
environment that attracts tourists and sustains local livelihoods.
4. Climate Change Impacts: The carbon emissions associated with aviation activities
contribute significantly to climate change. Expansion of the Pachmarhi Airstrip would
exacerbate this problem, contradicting national and international efforts to mitigate
greenhouse gas emissions and combat climate change.
In light of these concerns, we respectfully urge the Hon'ble Tribunal to consider the
following actions:
1. Issue a stay order halting any further progress on the expansion of the Pachmarhi Airstrip
until a comprehensive Environmental Impact Assessment (EIA) is conducted,
adhering to the highest standards of transparency, scientific rigor, and public participation.
2. Direct the Airport Authority of India to explore alternative strategies for enhancing
regional connectivity that minimizes environmental harm, such as improving road and
rail infrastructure or promoting sustainable tourism initiatives.
3. Establish a multi-stakeholder committee comprising representatives from government
agencies, environmental organizations, local communities, and indigenous peoples to
evaluate the environmental, social, and economic implications of the proposed airstrip
expansion and recommend appropriate courses of action.
Your Honor, the decision to expand the Pachmarhi Airstrip carries profound implications for
the ecological integrity, cultural heritage, and socioeconomic well-being of the region. By
exercising judicial oversight and prioritizing environmental protection, your esteemed tribunal has
7
the opportunity to uphold the principles of sustainable development and ensure a harmonious
balance between human development and ecological preservation.
We trust in the wisdom and impartiality of the Hon'ble Tribunal to safeguard the interests of
present and future generations and to serve as a beacon of justice for all.
Thank you for your time and consideration to this matter.
Yours Sincerely,
Centre for Environment Law
ILNU, Nirma University
LIST OF ANNEXURES
S. No. ANNEXURE TITLE
1. Annexure I Relevant Provisions of
Wildlife (Protection) Act, 1972
2. Annexure II Eco Sensitive Zone, Pachmarhi Notification, 1998
3. Annexure III Response Letter
4. Annexure IV Maps And Images
5. Annexure V UNESCO Website
ANNEXURE I
WILDLIFE (PROTECTION) ACT, 1972
2
Section 29 - Destruction, etc., in a sanctuary prohibited without a permit.—No person
shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy
or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance
the flow of water into oroutside the sanctuary, except under and in accordance with a permit
granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State
Government being satisfied in consultation with the Board that such removal of wild life from the
sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the
improvement and better management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a sanctuary the same may be used for
meeting the personal bona fide needs of the people living in and around the sanctuary and shall
not be used for any commercial purpose.
Explanation.—For the purposes of this section, grazing or movement of livestock permitted under
clause (d) of section 33 shall not be deemed to be an act prohibited under this section.
3
Section 35 - Declaration of National Parks
(6) No person shall destroy, exploit or remove any Wild Life including forest produce from a
National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever
or divert, stop or enhance the flow of water into or outside the National Park, except under and in
accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be
granted unless the State Government being satisfied in consultation with the National Board that
such removal of wild life from the National Park or the change in the flow of water into or outside
the National Park is necessary for the improvement and better management of wild life therein,
authorises the issue of such permit:
Provided that where the forest produce is removed from a National Park, the same may be used
for meeting the personal bona fide needs of the people living in and around the National Park and
shall not be used for any commercial purpose.
5
Section 48A - Restriction on transportation of wild life - No person shall accept any
wild animal (other than vermin), or any animal article, or any specified plant or part or derivative
thereof, for transportation except after exercising due care to ascertain that permission from the
Chief Wild Life Warden or any other officer authorized by the State Government in this behalf has
been obtained for such transportation.
Section 51 – Penalties
ANNEXURE II
The Eco Sensitive Zone, Pachmarhi Notification, 1998
The Eco Sensitive Zone - Pachmarhi - Notification, 1998 MINISTRY OF ENVIRONMENT & FOREST
1
NOTIFICATION
New Delhi, the 17th September, 1998
S.O. 825E.-- The following notification which the Central Government proposes to issue in exercise of the
powers conferred by sub-section (1) read with clause (v) of sub-section (2) of section 3 of the Environment
(Protection) Act 1986 (29 of 1986) is hereby published as required under sub-rule (3) of rule 5 of the
environment (Protection) rules, 1986 for information of all persons likely to be affected thereby; and notice
is hereby given that the said draft notification will be taken into consideration after the expiry of a period of
sixty days from the date on which copies of the Gazette of India containing this notification are made
available to the public.
Any person desirous of making any objection or suggestion in respect of the said draft notification may
forward the same in writing for consideration of the Central Government within the period so specified to
the Secretary to the Government of India, Ministry of Environment and Forests, Payavaran, Bhavan, C GO
Complex Lodhi, Road, New Delhi, 110003.
DRAFT PROPOSALS
1. It is proposed to notify Pachmarhi Region as an Eco Sensitive Zone, located between latitude 2211'
North to 2232' North and longitude 7754' East to 78 45' East; falling in Hoshangabad, Chhindwara and
Betul districts of Madhya Pradesh. The proposed zone would include Pachmarhi Town, situated in
Sohagpur Tehsil of Hoshangabad district; and located at latitude 2228' North and longitude of 7826' East
on the plateau of Satpura range at an altitude of approximately 1067 meters above mean sea level.
The Eco Sensitive Zone shall have a core area consisting of Pachmarhi Town and its immediate environs,
sanctuaries and national parks in the zone. All activities in the sanctuaries and national parks shall be
governed by the provisions of the Wildlife (Protection) Act 1972.
2. The following activities are proposed to be undertaken/regulated in the Eco Sensitive Zone:
(a) Zonal Development Plan
(i) A development plan for the entire zone should be prepared by the State Government and approved by
the Ministry of environment and Forest in Government of India. The plan should clearly earmark industrial
estates.
(ii) The area defined as Pachmarhi Special Area under the Town and Country Planning Act 1973 should
have a Special Area Developn1ent Plan which will have to be prepared by the State Government as a
Component of the Zonal Development Plan and concurrence of the Ministry of Environment and Forests
will be obtained on this before publication of the notification of the Special Area Development Plan as per
section 19 of Madhya Pradesh Town and Country Planning Act 1973.
(iii) Similarly, all other habitations in the Eco Sensitive Zone having populations of more than 5000 should
have Area Development Plans which form components of the Zonal Development Plan.
(b) Industrial Units: Location of industries shall be only in the industrial estates and has to be as per
guidelines drawn up by the Government of Madhya Pradesh as well: as the guidelines issued from time to
time by the Ministry of Environment and Forests.
In drawing up guidelines, the Government of Madhya Pradesh shall specify the types/threshold limits of
industries that are completely prohibited, those that can be permitted after all appraisal, the requirements
and procedures of which are specified, and those that stall be freely permitted provided certain criteria are
met which should be specified; Provide that nothing in these guidelines shal1 conflict with the provisions of
the Environment Impact Assessment Notification of January 27; 1994 of the Central Government as
amended on May 4, 1994, April 10, 1997 and as may be subsequently amended.
(c) Quarrying and mining: Quarrying and mining activities are totally banned in the core area mentioned
under para 1 of the Notification.
As far as possible no fresh mining lease shall be granted in the Eco-Sensitive Zone. The Monitoring
Committee shall be the authority to gave special permission for mining lease or quarrying of renewal of
existing lease in Eco-Sensitive Zone (Outside the core area), after taking into consideration the Zonal
Development Plan.
(d): Trees : There shall be felling of trees whether on Forest, Government, Cantonment; Revenue, or
private lands within the Eco-Sensitive Zone, without the prior permission of the State Government in case
of forest land, and the respective District Collector in case of Government, Cantonment, Revenue and
private land, as r procedure which the State Government may prescribe.
(e) Tourism: Tourism activities should be as per a Tourism Development Plan to be prepared by the
Department of Tourism of the State Government in consultation with the Ministry of Tourism and approved
by the Ministry of Environment and Forests. The Tourism Development Plan will also form a component of
the Zonal Development Plan.
(f) Natural Heritage: The sites of unique natural heritage in the zone will be identified, particularly rock
formations, waterfalls, pools, garges, groves, cave etc. and plant for their conservations in their natural
setting will be incorporated in the Zonal Development Plan. Strict guidelines will be drawn up by the State
Government to discourage constructions activities at or near these sites under garb of providing tourists
facilities. All the gene pool reserve areas in the zone would be preserved. The State Govt. would draw up
proper plans for their conservations/preservation. These plans would form a part of the Zonal Development
Plan.
(g) Man-made Heritage: Building of distinct historical or architectural importance will be identified and
plans for their conservation, particularly their exteriors will be incorporated in the Zonal Development Plan.
Guidelines will be drawn up by the State Government to regulate building and other activities in the Zone,
particularly in Pachmarhi Town, so that the special character and district ambience of the Town is
maintained. is
3. The Government of Madhya Pradesh shall constitute a High-Level Monitoring Committee to ensure
compliance of the conditions mentioned in the Notification, The Monitoring Committee shall have a
representative of the Central Pollution Control Board and a representative of the Ministry of Environment
and Forests.
4. In exercise of the powers under Section 3(3) of the Environment (Protection Act, 1986, and subject to
the limitations of Section 23 of the said Act, the Ministry of Environment and Forests, Government of India
empowers the Housing and Environment Department, Government of Madhya Pradesh, to exercise all the
powers and functions under the Act with regard to the Pachmarhi Eco-Sensitive Zone consequent to the
approval of the Zonal Development Plan and its components by the Ministry.
5. Provided that no powers shall be deemed to be delegated as are required to be exercised by the
Government of India as per the provisions of the Environment Impact Assessment Notification of January
27, 1994 as amended on May 4, 1994, April 10, 1997 and as may be subsequently amended.
[NO. J-20012/14/IA94-III]
R.H. KHWAJA, Jt. Secy.
[Retrieved from https://wii.gov.in/ecosensitive_notifications_19 ]
ANNEXURE III
8
Airport Authority of India
Rajiv Gandhi Bhawan,
Safdarjung Airport,
New Delhi - 110003
Date: 05/03/2024
Centre for Environment Law,
Institute of Law, Nirma University,
Ahmedabad
Subject: Response to Concerns Regarding the Expansion of Pachmarhi Airstrip
Dear Students,
We acknowledge receipt of your correspondence expressing concerns over the proposed expansion
of the Pachmarhi Airstrip under the regional connectivity scheme, UDAN. The Airport Authority
of India (AAI) is committed to enhancing regional connectivity across India, aiming to bring more
areas within the ambit of accessible air travel while also considering the environmental
implications of such developments.
The Pachmarhi Airstrip expansion project has been conceived with a vision to foster economic
growth, improve connectivity, and promote tourism in the region. However, we understand and
appreciate the environmental concerns associated with the project, especially given Pachmarhi’s
status as part of the Satpura Biosphere Reserve and its rich biodiversity.
To address these concerns, the AAI has undertaken the following measures:
1. Comprehensive Environmental Impact Assessment (EIA): An EIA study is being conducted
by an independent agency to thoroughly assess the potential environmental impacts of the airstrip
expansion. This study includes assessing biodiversity, water resources, air and noise pollution, and
climate change impacts. The findings will be made public for scrutiny and suggestions.
2. Stakeholder Engagement: We are committed to engaging with all stakeholders, including
environmental organizations, local communities, and indigenous groups. A series of consultations
will be held to gather feedback and address concerns.
3. Exploring Sustainable Alternatives: In line with your suggestion, the AAI is exploring
alternative measures to minimize environmental harm. This includes considering adjustments to
the project design to preserve the natural landscape and biodiversity and incorporating green
technology where feasible.
12
4. Regulatory Compliance: The AAI assures compliance with all relevant environmental laws
and regulations, including the Wildlife (Protection) Act, 1972, and adherence to ESZ guidelines.
10
We are in constant dialogue with the Ministry of Environment, Forest and Climate Change to
ensure our activities are in harmony with environmental conservation efforts.
We value the role of the Centre for Environment Law and other environmental advocates in
guiding sustainable development practices. We welcome further dialogue and suggestions from
your end as we proceed with the necessary assessments and consultations.
Thank you for bringing your concerns to our attention. We are committed to addressing them
constructively and transparently. Further updates on the project and opportunities for stakeholder
engagement will be communicated in due course.
Sincerely,
Airport Authority of India
ANNEXURE IV
IMAGES AND MAPS
ANNEXURE V
DATA FROM THE UNESCO WEBSITE
(https://www.unesco.org/en/mab/pachmarhi)
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