- (1.) All these letters patent appeal arise out of the common Judgment and as such, they have been heard together and being disposed of by this common Judgement.
(2.) Heard learned counsels for the appellants and learned counsel for the respondent State.
(3.) The appellants in these cases are brick kiln owners running their brick kilns within the area up to five kilometers from the boundary of the protected area of Dalma Wide Life Sanctuary. They were running their brick kilns under license and upon getting N.O.C. from the Pollution Control Board. The Union of India, in its Ministry of Environment and Forests, issued notification bearing No.S.O.680 (E) dated 29.03.2012, whereby in exercise of the power conferred under Section 3 of the Environment (Protection) Act,1986, the area up to five Kilometers from the boundary of the protected area of Dalma Wild Life Sanctuary was declared as Eco-sensitive Zone. The area, which were declared Eco-sensitive zone, have been detailed in the notification. The notification further stipulated that a Zonal Master Plan for the Dalma Eco-sensitive Zone shall be prepared by the State Government, in such manner as are specified under the Wild Life (Protection) Act, 1972, the law relating to town and country planning for the time being in force in the State, the divisional working plans and the guidelines issued by the Central Government, within a period of one year from the date of the notification and approved by the Central Government in the Ministry of Environment and Forests. It was again provided in the said notification that pending the preparation for the Zonal Master Plan for the Eco-sensitive Zone and approval thereof by the Central Government, all new activities, specified in Annexure-3 to the notification, shall be allowed only after the proposals are scrutinised and approved by the Monitoring Committee referred to in paragraph 4. Paragraph 3 of the notification detailed the prohibited, regulated and permitted activities in Dalma Eco-sensitive Zone, and as regards the Industrial Units, it provided as follows:- Industrial Units (a) On and after the publication of this notification in the Official Gazette, no new polluting industries shall be allowed to be setup within the Eco-sensitive Zone; (b) any non-polluting, non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous goods from the Eco-sensitive Zone, and which do not cause any adverse impact on environment, may be permitted in the Eco-sensitive Zone; (c) no establishment of new wood based industry shall be permitted within the limits of Eco-sensitive Zone. ;