NGT tells revenue officers to restrain hilltop construction

In a bid to curb illegal hill cutting, the National Green Tribunal has directed revenue officers to restrain any construction activity on top of the hills from being undertaken under the guise of obtaining extraction permission for minor minerals. The tribunal has asked the officers to seek an immediate report from the local municipalities of all hilly areas, such as Khandala, Lonavala, Satara and Kolhapur, and file the same before it in four weeks.

"The revenue officers (collector and commissioner) may call for a report from the local municipal councils of Khandala and Lonavala and others in order to avoid instances of hill-cutting and direct them not to issue permissions for construction on top of hills, except for bamboo huts/cottages," read the judgment passed by the tribunal on May 25.

The tribunal's order came on a petition filed by Lonavala-based NAB Lions Home for Aging Blind against a leading resort and amusement company, which the former accused of hill-cutting and causing environmental degradation and potent danger to the home.

Passing judgment in favour of the blind home, the tribunal has asked Kumar resort and amusement company and its partners to pay a cumulative amount of Rs40 lakh to the home as compensation. The tribunal has also warned them of sealing and selling off their premises if they fail to make the payment within the stipulated period.

"The four respondents are directed to pay an amount of Rs10 lakh each to the management of NAB, through secretary of NAB, by sending DD in the name of the secretary by registered post/AD within four (4) weeks, otherwise, the amount will carry an interest of 18% p.a., and if such amount is not paid, the entire property of the four respondents is likely to be sealed and sold, stock and barrel, by the collector, Pune, as per the powers available under the Maharashtra Land Revenue Code," reads the judgment.

The respondents have also been told to pay Rs5 lakh to the office of chief officer of municipal council, Lonavala, for restoration/remediation of environment caused due to the hill-cutting, within four weeks from now.

As per the petition, the resort company acquired the adjoining plot on eastern side of the double-storeyed building. At the hilltop, the respondent intended to construct a resort and a big hotel. Applicant noticed movements of large boulders within that property. Work of levelling of land by flattening of the hill area was also said to be going on. Applicant worried that many trees could have been felled and soil erosion could have happened due to the alleged activity and, hence, filed the petition.

The court then appointed an expert committee, which found the claims to be true. "The expert committee perused record of rights and other records. The committee came to the conclusion that the hill has been privately and clandestinely cut and, therefore, prime concern now is prevention of landslides/mudslides. The expert committee observed that for such purpose, it is absolutely essential to stabilise slope by benching, as per recommendations given by it, particularly, by construction of retaining wall," the tribunal said.