Plea Filed In NGT, For Protection Of UNESCO World Heritage Site ‘Kaas Plateau’

Recently, an environmental activist has filed an application for the restitution and restoration of the environment and ecology of 'Kaas Plateau' in the National Green Tribunal (NGT) (West Zone) 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 located 25 km from Satara district, Maharashtra. In 2012, the plateau was inscribed on the UNESCO World Heritage Sites list under the Western Ghats.

The Application states that a large number of farmhouses and hotels have been illegally constructed on the Yavateshwar to Kas road. These illegal constructions operate in an Eco-Sensitive zone and therefore are causing severe environmental damage to the ‘Kaas Plateau’.

These establishments are constantly engaging in acts that are polluting the environment. The said establishments are discharging untreated effluents outside their premises, they are emitting harmful air pollutants directly into the environment and are illegally extracting the groundwater for commercial use. Furthermore, the Respondents are dumping their kitchen and other wastes in a dumping site at Satara, states the applicant.

The Applicant claims that the observations and the subsequent notices sent by the Maharashtra Pollution Control Board (MPCB) clearly shows that hundred establishments are illegally operating in the Kaas Plateau region which is a pollution control area under the Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control of Pollution) Act 1981, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the Solid Waste Management Rules, 2016.

According to the Applicant, in pursuance of the observations by the MPCB and subsequent notices sent by them, the Applicant sent a notice dated 22/10/2022 to the District Collector, Satara, asking him to take immediate and strict actions against all the Respondents. However, to date, no action has been taken against the Respondents.

Applicant highlighted that, in compliance with Westend Green Farms Society vs. Union of India & Ors, the CPCB released the Guidelines for Control of Pollution and Enforcement of Environmental Norms at Individual Establishments and Area, Cluster of Restaurants, Hotels, Motels, Banquets, etc.

As per the Guidelines it is mandatory to obtain Consent to Establish (NOC) before commencement of construction activities and Consent to Operate (CTO) before starting operation of units as per the Water Act, 1974 and Air Act, 1981 from the concerned SPCB/PCC. The Respondents have been illegally operating without obtaining any such consent, submits the Applicant.

The Applicant has prayed to direct the Respondents, MPCB, Environment & Climate Change Department, State of Maharashtra, to remove and demolish all the illegal constructions on the ‘Kaas Plateau’ and impose heavy fines for the environmental damages caused by the hundred Respondents who have illegally constructed and are running hotels and farmhouses on the Yavateshwar to Kas Road and on the ‘Kaas Plateau’.

Case Title- Sushant Subhash More v.M/s Hotel Sahyadri Puspa and Ors.

Counsel for Applicant- Mr.Asim Sarode