IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION P.I.L. NO. 39 OF 2003 (WRIT PETITION NO. 7308 OF 2002) 1. Bombay Environment Action Group 2. Sameer Mehta .. Petitioners V/s 1. State of Maharashtra through (i) Secretary, Urban Development Dept. (ii) Secretary, Revenue & Forest Dept. 2. Mahabaleshwar Municipal Council 3. Panchgani Municipal Council 4. Collector, Satara 5. Union of India through the Secretary, Ministry of Environment & Forest 6. M/s Desai Brothers Ltd., Pune 7. J.S. Billimoria, Pune 8. Avinash Bhosale, Pune 9. M/s Area Developers Pvt. Ltd., Pune 9A. Mahabaleshwar Hotel Owners’ Association, Mahabaleshwar 10. Town Planning & Valuation Department through (i) Director of Town Planning, State of Maharashtra, Pune (ii) Deputy Director of Town Planning, Pune (iii) Asstt. Director of Town Planning, Satara 11. Hotel Arya (Vijay Choksi) Property, Mahabaleshwar 12. Hotel Rajesh, Mahabaleshwar 13. Table Land Vyapari Association, Panchgani. .. Respondents - 2 - Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioner. Mr.S.R. Nargolkar, A.G.P. for Respondents No.1, 4 and 10. Mr.A.V. Anturkar with Mr.Ganesh Gole for Respondent No.2. Mr.J. Reis with Mr.Y.M. Choudhari for Respondent No.3. Mr.B.A. Desai, Additional Solicitor General with Mr.Amjad Sayed and Mr.Engineer for Respondent No.5. Dr.Veerendra V. Tulzapurkar with Mr.Anuj Bhasme i/b Wadia Ghandy & Co. for Respondent No.7. Dr.Veerendra V. Tulzapurkar with Mr.T. Subramaniam i/b Ms. Chandana Salgaoncar for Respondents No.8 and 9. None present for Respondent No.9A. Mr.P.K. Samdani i/b Haresh Mehta & Co. for Respondent No.11. Mr.Ranjit Shetty i/b PDS Legal for Respondent No.12. Mr.Uday Warunjikar for Respondent No.13. Other Respondents are served. WITH WITH WITH CIVIL APPLICATION NO. 2244 OF 2004 CIVIL APPLICATION NO. 2244 OF 2004 CIVIL APPLICATION NO. 2244 OF 2004 Bombay Environment Action Group and Anr. .. Applicants V/s 1. State of Maharashtra through (i) Secretary, Urban Development Dept. (ii) Secretary, Revenue & Forest Dept. 2. Mahabaleshwar Municipal Council 3. Panchgani Municipal Council 4. Collector, Satara 5. Union of India through the Secretary, Ministry of Environment & Forest - 3 - 6. M/s Desai Brothers Ltd., Pune 7. J.S. Billimoria, Pune 8. Avinash Bhosale, Pune 9. M/s Area Developers Pvt. Ltd., Pune 10. Maharashtra Pollution Control Board 11. Town Planning & Valuation Department through (i) Director of Town Planning, State of Maharashtra, Pune (ii) Deputy Director of Town Planning, Pune (iii) Asstt. Director of Town Planning, Satara 12. Hotel Arya (Vijay Choksi) Property, Mahabaleshwar 13. Hotel Rajesh, Mahabaleshwar 14. Maharashtra Jivan Pradhikaran .. Respondents Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioner. Mr.S.R. Nargolkar, A.G.P. for Respondents No.1, 4 and 11. Mr.A.V. Anturkar with Mr.Ganesh Gole for Respondent No.2. Mr.J. Reis with Mr.Y.M. Choudhari for Respondent No.3. Mr.B.A. Desai, Additional Solicitor General with Mr.Amjad Sayed and Mr.Engineer for Respondent No.5. Mr.Veerendra Tulzapurkar with Mr.Anuj Bhasme i/b Wadia Ghandy & Co. for Respondent No.7. Dr.Veerendra V. Tulzapurkar with Mr.T. Subramaniam i/b Ms. Chandana Salgaoncar for Respondent No.8. Mr.P.K. Samdani i/b Haresh Mehta & Co. for Respondent No.12. Mr.Ranjit Shetty i/b PDS Legal for Respondent No.13. Mrs.Sadhana Mahashabde for Respondent No.10. - 4 - None for Respondent No.14. WITH WITH WITH CIVIL APPLICATION NO.11 OF 2006 CIVIL APPLICATION NO.11 OF 2006 CIVIL APPLICATION NO.11 OF 2006 Hotel Pratap Heritage & Anr. .. Applicants V/s Bombay Environmental Action Group & Ors... Respondents Mr.S.M. Gorwardkar for the Applicants. Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondents No.1 and 2. WITH WITH WITH CIVIL APPLICATION NO.12 OF 2006 CIVIL APPLICATION NO.12 OF 2006 CIVIL APPLICATION NO.12 OF 2006 Hotel Apsara .. Applicant V/s Bombay Environmental Action Group & Ors... Respondents Mr.S.M. Gorwardkar for the Applicant. Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondents No.1 and 2. WITH WITH WITH CIVIL APPLICATION NO. 14 OF 2006 CIVIL APPLICATION NO. 14 OF 2006 CIVIL APPLICATION NO. 14 OF 2006 Panorama Resort Pvt. Ltd. & Ors. .. Applicants V/s State of Maharashtra & Ors. .. Respondents - 5 - Mr.D.R. Shah for the Applicants Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Bombay Environment Action Group. WITH WITH WITH CIVIL APPLICATION NO. 15 OF 2006 CIVIL APPLICATION NO. 15 OF 2006 CIVIL APPLICATION NO. 15 OF 2006 Bombay Environment Action Group & Anr. .. Petitioners V/s State of Maharashtra & Ors. .. Respondents And Tukaram Ramchandra Ghatge .. Applicants Mr.G.N. Salunke for the Applicants Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. WITH WITH WITH CIVIL APPLICATION NO.16 OF 2006 CIVIL APPLICATION NO.16 OF 2006 CIVIL APPLICATION NO.16 OF 2006 Sandesh V. Ranade .. Applicant V/s Bombay Environmental Action Group & Ors... Respondents Mr.Jagdish Reddy i/b Mrs.Suhasini Mutalik for the Applicant. Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Bombay Environment Action Group. WITH WITH WITH - 6 - CIVIL APPLICATION NO. 17 OF 2006 CIVIL APPLICATION NO. 17 OF 2006 CIVIL APPLICATION NO. 17 OF 2006 Sandesh V. Ranade .. Applicant V/s Bombay Environment Action Group & Ors. .. Respondents Mr.Vimal Tiwari for the Applicant. Mr.S.R. Nargolkar, A.G.P. for the State. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondents No.1 and 2. CIVIL APPLICATION NO. 68 OF 2005 CIVIL APPLICATION NO. 68 OF 2005 CIVIL APPLICATION NO. 68 OF 2005 Mosque Trust .. Applicant V/s Bombay Environment Action Group & Ors. .. Respondents Mr.Sugandh B. Deshmukh for the Applicant. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Bombay Environment Action Group. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 73 OF 2005 CIVIL APPLICATION NO. 73 OF 2005 CIVIL APPLICATION NO. 73 OF 2005 Sahebrao Shivram Biramane .. Applicant V/s Bombay Environment Action Group & Ors. .. Respondents - 7 - Mr.Sugandh B. Deshmukh for the Applicant. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Bombay Environment Action Group. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 3 OF 2006 CIVIL APPLICATION NO. 3 OF 2006 CIVIL APPLICATION NO. 3 OF 2006 Bombay Environment Action Group & Ors. .. Petitioners V/s State of Maharashtra & Ors. .. Respondents And Mrs.Taru Mahendra Vaidya .. Applicant Mr.Dilip Bodake for the Applicant. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. Mr.S.R. Nargolkar, A.G.P. for the State. CIVIL APPLICATION NO. 62 OF 2005 CIVIL APPLICATION NO. 62 OF 2005 CIVIL APPLICATION NO. 62 OF 2005 Mrs. Vijaymala Bajirao Desai .. Applicant V/s Bombay Environment Action Group & Ors. .. Respondents Mr.R.G. Ketkar for the Applicant. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondents No.1 and 2. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH - 8 - CIVIL APPLICATION NO. 67 OF 2006 CIVIL APPLICATION NO. 67 OF 2006 CIVIL APPLICATION NO. 67 OF 2006 Bombay Environmental Action Group & Ors... Petitioners V/s State of Maharashtra & Ors. .. Respondents And Krishnada Premji Mistry & Anr. .. Applicants Mr.Uday Warunjikar for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Applicants. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 19 OF 2006 CIVIL APPLICATION NO. 19 OF 2006 CIVIL APPLICATION NO. 19 OF 2006 Pitamber Basharam Pahuja .. Applicant V/s State of Maharashtra & Ors. .. Respondents Mr.N.B. Patil for the Applicant. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Bombay Environment Action Group. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 29 OF 2006 CIVIL APPLICATION NO. 29 OF 2006 CIVIL APPLICATION NO. 29 OF 2006 Bombay Environmental Action Group & Ors... Petitioners V/s State of Maharashtra & Ors. .. Respondents - 9 - And Tukaram Amruta More & Ors. .. Applicants Mr.P.K. Dhakephalkar with Mr.Dilip Bodake for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 39 OF 2006 CIVIL APPLICATION NO. 39 OF 2006 CIVIL APPLICATION NO. 39 OF 2006 Bombay Environmental Action Group & Ors... Petitioners V/s State of Maharashtra & Ors. .. Respondents And Prakash Kashinath Sakpal .. Applicant Mr.P.K. Dhakephalkar with Mr.Dilip Bodake for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 56 OF 2006 CIVIL APPLICATION NO. 56 OF 2006 CIVIL APPLICATION NO. 56 OF 2006 Bombay Environmental Action Group & Ors... Petitioners V/s State of Maharashtra & Ors. .. Respondents And - 10 - Sou. Kalawati Anand Arde & Ors. .. Applicants Mr.P.K. Dhakephalkar with Mr.Dilip Bodake for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 64 OF 2006 CIVIL APPLICATION NO. 64 OF 2006 CIVIL APPLICATION NO. 64 OF 2006 Dilip Narayan Gadekar & Ors. .. Applicants V/s Bombay Environmental Action Group & Ors... Respondents Mr.Sugandh Deshmukh for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondents No.1 and 2. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 72 OF 2006 CIVIL APPLICATION NO. 72 OF 2006 CIVIL APPLICATION NO. 72 OF 2006 Bombay Environmental Action Group & Ors... Petitioners V/s State of Maharashtra & Ors. .. Respondents And Arun Shankar Bawalekar & Ors. .. Applicants - 11 - Mr.P.K. Dhakephalkar with Mr.Dilip Bodake for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for the Petitioners. Mr.S.R. Nargolkar, A.G.P. for the State. WITH WITH WITH CIVIL APPLICATION NO. 3185 OF 2005 CIVIL APPLICATION NO. 3185 OF 2005 CIVIL APPLICATION NO. 3185 OF 2005 Kasam R. Waikar & Anr. .. Applicants V/s Bombay Environmental Action Group & Ors... Respondents Mr.Tanaji Mahatugade for the Applicants. Mr.D.J. Khambata with Mr.Riyaz Chagla, Ms.Mallika Iyer, Ms.Seeta Kapadia i/b Federal & Rashmikant for Respondent No.1. Mr.S.R. Nargolkar, A.G.P. for the State. CORAM : H.L. GOKHALE & J.P. DEVADHAR, JJ. DATE OF RESERVING THE JUDGMENT : 6th October 2006 DATE OF PRONOUNCING THE JUDGMENT : 19th October 2006 JUDGMENT JUDGMENT JUDGMENT: (Per H.L. Gokhale, J.) 1. The 1st Petitioner herein is a Society registered under the Societies Registration Act and is interested in the protection of environment in various parts of the country and particularly in the State of - 12 - Maharashtra. It has taken steps from time to time for that purpose including filing proceedings in this High Court as well as in the Supreme Court. The 2nd Petitioner is a member of the 1st Petitioner. The present petition is concerning the protection of environment in the Mahabaleshwar and Panchgani twin hill stations. 2. (i) The 1st Respondent to this petition is the State of Maharashtra through the Secretary, Urban Development Department as well as the Secretary, Revenue & Forests Department. Respondent No.10 is the Town Planning and Valuation Department of the State Government through its various officers. The 2nd and the 3rd Respondents are Mahabaleshwar and Panchgani Municipal Council respectively, both governed under the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 (also referred as Maharashtra Municipalities Act). The 4th Respondent is the Collector of Satara. The 5th Respondent is Union of India through the Secretary, Ministry of Environment and Forests. (ii) Certain private parties are also joined as respondents. The 6th Respondent is a company by name M/s Desai Brothers Limited. The 7th Respondent is one Mr.J.S. Billimoria. The 6th and 7th Respondents are - 13 - the owners of plots of land in Mahabaleshwar known as "The Oaks" and "The Malcolm Cottage" bearing City Survey Nos.193 and 194 respectively. The 8th Respondent is one Mr.Avinash Bhosale, who is supposed to be the owner of another property known as "Four Oaks". The 8th Respondent claims that it is the 9th Respondent, a development company, which is the owner of that property which is situated at Survey No.14 on Mahabaleshwar-Satara Road. Respondent No.9A is a representative body of the hoteliers in Mahabaleshwar. The 11th Respondent is a property known as Hotel Arya and the 12th Respondent is another property known as Hotel Rajesh. The Respondents No.6 to 9 and 11 and 12 are stated to have effected certain constructions in violation of the bye-laws regulating the development in these Hill Stations. Respondent No.13 is an Association of traders carrying on their activities at the table land at Panchgani. (iii) The Petitioners have taken out a substantive Civil Application bearing No.2244 of 2004 in this writ petition seeking certain additional prayers. Apart from the Respondents to the main writ petition, Maharashtra Pollution Control Board (MPCB) and the Maharashtra Jeevan Pradhikaran (Maharashtra Water Supply Board) are also joined as Respondents therein. The MPCB is a body corporate constituted under section 4 of the Water - 14 - (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "the Water Act"). (iv) Some of the individual parties affected or likely to be affected by the prayers in this writ petition and Civil Application No.2244 of 2004 have taken out separate civil applications to protect their interests. (v) We will deal with the main writ petition and Civil Application No.2244 of 2004 together. The civil applications by the private parties will be dealt with separately. 3. The 1st Petitioner herein had filed one writ petition earlier bearing Writ Petition No.2754 of 1997, which came to be disposed of by a judgment and order dated 18th November 1998 passed by a Division Bench presided over by the then Chief Justice M.B. Shah and Radhakrishnan J. Various directions for protection of the environmental in Mahabaleshwar and Panchgani were issued while disposing of that writ petition. The grievance in that petition was that large scale illegal construction activities and deforestation was going on in Mahabaleshwar-Panchgani area resulting in widespread environment and ecological problems. The Regional Plan for that area for the years 1984-2001 was already in - 15 - vogue and their provisions were claimed to have been violated as also those of the Building Bye-laws and the Development Control Rules. 4. A Committee came to be appointed during the course of that petition under one Shri Arun Bhatia, the then Commissioner of Pune Revenue Division, to find out as to whether any such illegal construction and deforestation and violations of various provisions, as stated above, were going on. The Committee submitted its report on 17th November 1997. The Committee identified more than 1000 buildings and other violations in that region and suggested some remedial measures. The Division Bench by an interim order pressed into service sections 24 and 25 of the Water Act and directed the Maharashtra Pollution Control Board to take immediate steps to stop the discharge of all polluted water into Venna Lake in Mahabaleshwar. The Court directed the Mahabaleshwar Municipal Council to take action against those who were carrying on the activities in violation of sanctioned plans and various legal provisions. A statement was made by the learned Advocate General on behalf of various authorities of the State of Maharashtra that on the basis of the report of this Court appointed Committee, show cause notices will be issued to the concerned persons who had committed various breaches of bye-laws and action will be taken - 16 - against them. 5. While disposing of the petition, the Division Bench appointed a Monitoring Committee comprising of 5 persons, viz. (1) Deputy Conservator of Satara, (2) Sub-Divisional Officer, Satara, and three environmentalists, i.e. (3) Dr.Farrokh Wadia, (4) Col. Mohite, and (5) Sujeet Patwardhan. On 19th September 2005, one Mr.V.D. Kulkarni, Retired Deputy Director of Town Planning was added as a member. The role of the Committee was to monitor the developments within Mahabaleshwar-Panchgani region so as to ensure that all development and/or construction within the region is carried out in accordance with law. The Committee was empowered to bring to the notice of the statutory authorities any such irregularities or illegalities either on its own or on receipt of complaints from the citizens. The statutory authorities were directed to adopt necessary proceedings or measures on receiving the complaints from the Monitoring Committee. The petition was thereafter disposed of with further appropriate directions. 6. It is the case of the Petitioners that in spite of these measures initiated under the orders of the High Court, no appropriate actions were being taken. This writ petition was therefore filed in October 2002 and - 17 - has been treated as a Public Interest Litigation. It has been amended from time to time and some of the Respondents have been added thereto. There have been two reports of the Monitoring Committee in the meanwhile; one was an interim report of 15th January 2001 and then the subsequent final report of 16th February 2004. Civil Application No.2244 of 2004 is taken out on 10th September 2004 for enforcing the recommendations of the Monitoring Committee though it has various other prayers also. 7. (i) Before we deal with the prayers in the writ petition as well as Civil Application No.2244 of 2004, we may note that during the pendency of this Petition as well as the Civil Application, various orders have been passed in furtherance of these prayers. Reference will be made to them as and when the occasion arises. (ii) As far as the main petition is concerned, prayer (a) is to seek a direction to constitute a Heritage Conservation Committee. This Committee has already been appointed and, therefore, this prayer no longer survives. (iii) Prayer (b) of this petition is to seek a direction to demolish forthwith the unauthorised constructions in the Mahabaleshwar-Panchgani area, and - 18 - particularly those in violation of the building bye-laws, some of which have been enumerated in the Bhatia Committee Report. As far as this prayer is concerned, it makes a specific mention of the illegal construction in the properties known as The Oaks and Malcolm Cottage, which are owned by Respondents No.6 and 7. This prayer clause refers to another property "Four Oaks" which is owned by Respondents No.8 and 9. Prayers (f) to (k) of Civil Application No.2244 of 2004 are also about the illegal constructions and prayer (k)(i) and (ii) thereof are directed against the Arya Hotel and prayer (k)(iii) is directed against Hotel Rajesh. These prayers will have to be gone into specifically. (iv) Prayers (c)(iii) to (c)(xi) of the writ petition are also concerned with the prayer of demolition of illegal constructions. Prayer (c)(iii) prays that the building bye-laws be followed strictly. Prayer (c)(iv) is that the illegal constructions be removed. Prayers (c)(v) to (xi) are about various particulars with respect to these illegal constructions. Prayer (c)(xi) seeks more powers to this Monitoring Committee in this behalf. (v) Prayer (c) of the main petition is to seek an order that all the proceedings relating to these developments, that have been or under the investigation - 19 - by the Monitoring Committee, be heard only by the High Court. 8. Prayer (c)(i) of the writ petition is to publish the Final Heritage List of the heritage buildings as per Regulation 3 of the Draft Heritage Resolution. Prayer (c)(ii) is to cancel the deletions from the Heritage List which was made by a Committee earlier known as Shri Surve Committee. 9. (i) As far as Civil Application No.2244 of 2004 Civil Application No.2244 of 2004 Civil Application No.2244 of 2004 is concerned, some of the prayers have been mentioned while referring to the prayers of the main petition. The other prayers of this Civil Application are somewhat repetitive. (ii) Prayers (a) and (a)(i) are to implement the recommendations of the High Court Monitoring Committee with respect to forests. (iii) Prayer (d) is to direct the Mahabaleshwar and Panchgani Municipal Council to implement the Municipal Solid Waste (Management and Handling Rules, 2000. Prayer (d)(i) is a prayer directed against Respondent No.10 to the Civil Application, i.e. Maharashtra Pollution Control Board to forthwith take steps in law, including under the Environment (Protection) Act, 1986, - 20 - Water (Prevention & Control of Pollution) Act, 1974 and the Municipal Solid Waste (Management and Handling) Rules, 2000 to ensure that all discharge of untreated effluent and solid waste in Mahabaleshwar and Panchgani is forthwith stopped. The prayers upto prayer (d)(vi) are concerning the sewage treatment plant which these bodies are supposed to set up. Orders have been passed by this Court during the pendency of this writ petition on 15th June 2006 read with earlier order of 19th September 2005 and some steps are already initiated though effective supervision in that behalf is necessary. 10. Prayer (e) of this Civil Application is concerning the protection of the Panchgani Table Land. With respect to this prayer appropriate directions have already been given during the pendency of this petition on 1st March 2006, 4th May 2006 and 15th June 2006. The shopkeepers and the traders association were heard and they were directed to be removed out of it and vehicles are not to be permitted thereon. A barricade is also directed to be put up to separate the table land from the area where the shops are to be relocated. The Panchgani Municipal Council has initiated the necessary steps in this behalf. 11. Prayer (l) of Civil Application No.2244 of 2004 - 21 - is to take action against the illegal constructions in areas known as Jijamata and Munawwar Cooperative Housing Societies and to implement the orders passed by the High Court on 8th November 1998. It may be noted at this stage that as far as these societies are concerned, they are societies formed by members from weaker sections of the community. The breaches in their constructions have also to be attended, but the Petitioners have very fairly stated that they are not so much after those breaches. Last, but not the least, prayers (m) to (t) of the Civil Application are regarding the work of the Monitoring Committee and appropriate remuneration being given to the members of the Monitoring Committee. ECO-SENSITIVE NOTIFICATION ECO-SENSITIVE NOTIFICATION ECO-SENSITIVE NOTIFICATION: 12. Before we deal with the prayers, we must mention that this Mahabaleshwar-Panchgani area has come to be notified as an eco-sensitive region by a notification dated 19th January 2001 issued by the Central Government. That has been so done after inviting objections or suggestions and by issuing a notification section 3(1) read with section 3(2)(v) of the Environment (Protection) Act, 1986 and by exercising the powers under Rule 5(3)(d) of the Environment Protection Rules, 1986. It has therefore been directed that all activities in the forests, both within and outside the municipal areas, shall be governed by the provisions of - 22 - the Indian Forest Act, 1927 and Forest Conservation Act, 1980. All activities in the sanctuaries and national parks will be governed by the Wild Life (Protection) Act, 1972. Thereafter, the notification has laid down in para 2 thereof that the activities as mentioned therein will be regulated in the eco-sensitive zone in the manner specified. They are: (a) A zonal master plan will be created and it will demarcate all existing forests, green areas, etc. There will be a sub-zonal master plan for the areas within and outside Mahabaleshwar-Panchgani Municipal areas and which is to be prepared by the State Government as a component of the zonal master plan. The State Government has to prepare a plan for the entire zone which will be a master plan for the area. It has to be approved