L ^ _

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii>]

MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the I7lh January, 2001

S.O. 52(E).— Whereas a notification under sub section (]) and clause (v) of sub section (2) of

Section 3 of the Environment Protection Act, 1980, inviting objection or suggestion against the

notification notifying the Mahableshwar Panchgani as an Eco sensitive region and imposing

restriction on industries, operations, processes and other developmental activities in the region

which have detrimental effect on the environment

was published in S.O. No. 693(E) dated the

25^lh July, 2000;

And whereas all objections or'and suggestions received have been duly considered by the

Central Government

Now, therefore, in exercise of the powers conferred by clause (d) of sub-rule (3) of rule 5

of the Environment (Protection) Rules, 1⁽)8(>, and all other powers vesting in its behalf, the

Central Government hereby notify

the Mahableshwar Panchgani Region (as defined in the

Government of Maharashtra notification of 29'¹' April, 1983 as an Lico Sensitive Zone, (Copy

attached as Annexurc). I he Region shall include the entire area within the boundaries of the

Mahableshwar Tchsil and the villages of Bondarwadi, Bhuteghar, Danwali, Taloshi and Umbri

ol Jaoli Tehsil of the Satara District in the Maharashtra state.

1. All activities in the forests (both within and outside municipal areas) shall be governed by

the provisions of the Indian Forests Act, 1927 (Id of 1927) and Forest (Conservation) Act,

1980 (09 of I9N0). All activities in the sanctuaries and national parks shall be governed

by the provisions of the Wildlife (Protection) Act, 1972 (53 of 1972).

The following activities are proposed to be regulated in the Eco-Sensitivc Zone.

(A)

Zonal Master Plan: -

(i) A Master plan for the entire Zone shall be prepared by the State Government and

approved by the Ministry of Environment and Forests in the Government of India

wiihin a period of two years from the dale of publication of this notification. The

Master Plan shall be published by following a procedure similar to that prescribed

under ihe Maharashtra Regional and Town Planning Act 1966. The Master Plan shall

clearly indicate those limited areas where industries may be permitted.

(ii) The said Master Plan shall clearly demarcate all the existing forests, green areas,

horticultural areas such as strawberry farms, raspberry farms, orchards, tribal areas,

and other environmentally sensitive areas. No change of land use from green uses

such as horticultural areas, agriculture, parks and other like places to non-green uses

shall be permitted in the Master Plan. The Master Plan shall indicate measures and

lay down stipulations for regulating traffic, especially through traffic in the Eco

sensitive zone.

(iii)Thc areas within and outside Mahableshwar and Panchgani municipal areas shall

have Sub-Zonal Master Plans which may be prepared by the State Government as a

component of the Zonal Master Plan and concurrence of the Ministry of Environment

and Forests shall be obtained on this.

This Sub-Zonal Master Plan shall include building regulations for the gaothan areas.

(iv) Pending the preparation of and approval by the Ministry of Environment and Forests

to the Zonal Master Plan and Sub-Zonal Master Plans referred to above, there shall be

no increase in the existing parameters of permissible Floor Area Ratio, permissible

height, permissible maximum number of storeys and permissible ground coverage;

and there shall also be no reduction in the Forest Zone Green Zone, Agricultural Zone.

Absolute height of buildings shall not exceed^c> metres L\\K\ number of storeys shall

not exceed ground plus one.

(b) Industrial Units: -

(i)

Location of industries shall be only in the designated industrial areas or estates and

has to be as per guidelines drawn up by the Government of Maharashtra as well as the

guidelines issued from time to time by the Ministry of Environment and Forests.

However this would not apply to all those units which have obtained Consent to

establish and all other statutory permissions and have commenced construction at site

on or before the date of issue of this notification.

(ii)

In future only non polluting non hazardous service industries, units making footwear

from processed and ready made leather, floriailture. horticulture based or agio based

indusiries producing products from indigenous goods from the Eco Sensitive Zone

shall be permitted in this /one:

Provided that these do not result in polluting effluent, emission or impacts.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

(iii)

In the non municipal areas, the following shall also be permitted:

(a) Larger dairy, poultry, mush-room-rearing and other units in the nature of allied

agricultural activities and structures connected therewith may be allowed with the

prior permission of the competent authority subject to a maximum of 1/8" built

up area, relaxable by the Monitoring Committee.

(b) Structures connected with small agro-based industries, activities related to the

needs of the local village economy, and processing or storage of local agro-based

products may be allowed subject to the usual "not agriculture" permission

requirements and a maximum built up area of l/8^lh,

(c) Quarrying and Mining: - Quarrying and Mining activities shall be banned in this area. No

fresh mining lease shall be granted in the Eco Sensitive Zone. However, the Monitoring

Committee shall be the authority to give special permission for limited quarrying of materials

required for the construction of local residential housing and traditional road maintenance

work only: provided that such quarrying is not done on Ibrestlands.

(d) Trees: -There shall be no felling of trees whether on Forest. Go\ eminent. Revenue or private

lands within the Eco-Sensitivc Zone, without the prior permission of the Stale Government in

case of forest land, and the respective District Collector in case of Government, Revenue and

private land, as per procedure which shall be prescribed by the Slate Government, provided

that the District Collector shall not delegate this power to any subordinate officer below the

rank of Sub-Divisional Officer.

(e) Tourism :-Tourism activities shall be as per a Tourism Master Plan to be prepared by the

Department of Tourism of the State Government in consultation with the Ministry of

Tourism of Government of India and approved by the Ministry of Environment and Forests.

The Tourism Master Plan shall also form a component of the Zonal Master Plan.

The Tourism Master Plan shall be based on a detailed Carrying Capacity Study of the

Eco-Sensitive Zone, which may be carried out by the State Government and submitted to the

Ministry of Environment and Forests for approval within two years of the date of this

notification. All new tourism activities, developments for tourism or expansion of existing

tourism activities shall be permitted only within the parameters of this tourism plan or carrying

capacity study. Till the Tourism Master Plan is submitted to Ministry of Environment and

Forests for approval, new tourism activities and developments for tourism or expansion of

existing tourism activities shall be permitted only after a detailed analysis is carried out and

approved by the Monitoring Committee subject to guidelines laid down by Ministry of

Environment and Forests.

(f) Natural Heritage: - The sites of valuable natural heritage in the zone shall be identified,

particularly rock formations, waterfalls, pools, gorges, groves, caves, points, walks, rides etc.

and plans for their conservation in their natural setting shall be incorporated in the Zonal

Master Plan and Sub Zonal Master Plans. Strict guidelines shall be drawn up by the State

Government to discourage construction activities at or near these sites including under the

garb of providing tourist facilities. All the gene pool reserve areas in the zone shall be

preserved. The State Government may- draw up proper plans for their conservation or

preservation within one year from the date of publication of this notification. These plans

shall form a part of the Zonal Master Plan and Sub-Zonal Master Plans.

(g) Man-made heritage: - Buildings, structures, artifacts, areas and precincts of historical,

architectural, aestlietical, and cultural significance shall be identified and plans for their

conservation, particularly their exteriors (and wherever deemed appropriate their interiors

also) shall be prepared and incorporated in the Zonal Master Plan and Sub-Zonal Master

Plans within one year from the date of publication of this notification. Guidelines may be

drawn up by the Slate Government to regulate building and other activities in the Zone,

particularly in Mahableshwar and Panchgani municipal limits and in Kshetre Mahableshwar.

so that the special character and distinct ambience of the towns and the eco sensitive zone is

maintained.

(h) Development or construction activity at or around heritage sites (both natural and man-made)

shall be regulated in accordance with the Draft Model Regulations for Conservation of Natural

and Man-made Heritage formulated by the Ministry of Environment and Forests in 1995 as

amended from time to time and circulated to all State Governments and Union territory

Administrations).

(i) Ground Water: - Extraction of ground water shall be permitted only for the bona fide

agricultural and domestic consumption of the occupier of the plot. Extraction of ground

water for private industrial/commercial/residential estates/complexes shall require prior

permission from the State Ground Water Board, No sale of ground water shall be permitted

except with prior approval of the Monitoring Committee.

(j) Use of plastics: - the use of plastics within the Eco Sensitive Zone shall be regulated by the

Monitoring Committee.

' THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

(k) Protection of Hill Slopes: - The MasLer Plan shall indicate areas on hill slopes where

construction shall not be permitted.

(1) Discharge of effluents: - The discharge of any untreated effluent is prohibited within the Eco

Sensitive Zone. No effluent, either treated or untreated, shall be permitted to be discharged into

water body/s and water sourcc/s within the zone.

(in) Solid Wastes: - The local authorities shall draw up plans for the segregation of solid wastes

into biodegradable and non-biodegradable components. The biodegradable material may be

recycled preferably through composting or vermiculture; the inorganic material may be disposed

of at environmentally acceptable locations. It is clarified that the term solid wastes include

domestic, industrial, commercial and garden wastes,

3 (a) The Government of India shalj constitute a High Level Monitoring Committee to ensure

compliance with the provisions of this notification. Besides the above provisions of the

notification, the monitoring committee shall have the powers to regulate and control noise

pollution within the Eco sensitive zone. The monitoring committee shall also have powers

to regulate traffic especially through traffic within the Eco sensitive zone; once the Master

Plan is approved by the Ministry of Environment and Forests in Government of India such

regulation shall be in conformity with the provisions of the Master Plan. The monitoring

committee shall include representative(s) of the Ministry of Environment and Forests,

Central pollution Control Board and at least two representatives of non-government

organisations working in the field of environment (including heritage conservation) (to be

nominated by the Ministry of Environment and Forests, Government of India).

The

membership of the committee including Chairman shall not exceed ten.

(b) It shall be the duty of the Monitoring Committee to file complaints under section 19 of the

Environment (Protection) Act, 1986 if offences under the said Act come to its notice,

Committee shall be authorised to file complaints under the Environment (Protection) Act,

1986.

In exercise of the powers conferred by sub-section (3) of section 3 of the Environment

(Protection) Act, 1986, read with section 23 of the said Act, the Ministry of Environment and

Forests, Government of India empowers the Urban Development Department, Government of

Maharashtra and the High Level Monitoring Committee to discharge the functions specifically

enumerated in this notification and to do all things incidental thereto, (except Ihe functions as are

required 10 be peril)' tried by the Central Government undo the provisions of the Environment Impact Assessment

notification of 2~'^JJi January, 1994 as amended from time to time).

?. Provided that in respect of functions delegated under this notification, an appeal from any order shall lie to the

Ministry of Environment and Forests.

IF. No. J-20011/7/98/IA-IUI

DR. V. RAJAGOPALAN, Jt. Secy

ANNEXURE

Urban Development Department

NOTIFICATION

Bombay the 29th April, 1983

Maharashtra Regional and Town Planning Act, 1966.—No TPS. 1982/4507 (a)-UD 7 In exercise of pow-

ers conferred by sub-section (1) of Section (3) of Maharashtra Regional and Town Planning Act, 1966 (Maharashtra

XXXVII of 1966) (hereinafter referred to as "the said acf), lo Government of Maharashtra, hereby establishes a region

for the purpose of the said Act to be named as the "Mahablcshvvar Panchgani Region" which shall include the entire area

within the boundaries of Mahablcshwar Tehsil and the villages of—

(1) Bondarwadi

(2) Bhuteghar

(3) Danwali

(4) Taloshi

(5) Umbri

Of Jaoli Tehsil of the Satara District in the Maharashtra State. A copy of the plan showing boundaries of

Mahableshwar Panchgani Region showing the area included as aforesaid is available for inspection at offices of the

following officers namely :

(1) The Director of Town Planning, Maharashtra State, Pune

(2) The Collector of Satara

(3) The Tahasildars of Mahableshwar and Jhaoli

(4) The Municipal Council, Mahableshwar

(5) The Municipal Council, Panchgani

(6) The Assistant Director of Town Planning, Satara.

By Order and in the Name of the Governor of Maharashtra.

Sd/-

R. B. DONALD, Dy. Secy.

Area of Mahableshwar Panchgani Region

Of the above

(1) Mahableshwar Municipal Area

(2) Panchgani Municipal Area

(3) Goatherds outside Municipal limits

Residential Zone outside Municipal limits

Forest Zone

Green Zone

237.28 sq. kms.

19.55 sq.kms.

6.16 sq. kms.

0.95 sq kms.

1.66 sq, kms.

123.96 sq.kms.

83.72 sq. kms.

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