Madhya Pradesh
,
Pachmarhi
,
Narmadapuram
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Pachmarhi airstrip expansion taken up sans environmental clearances, NGT halts project
Reported by
Avani Mishra
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2023
Year started
2
Land area affected
Households affected
People Affected
2023
Year started
2
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Airport
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In December 2023, captain (retd) Brajesh Kumar Bharadwaj from Chhindwara raised concerns when he noticed that the existing 1,200-metre airstrip in Pachmarhi, built during the British era, was being expanded by the public works department (PWD) to 1,800 metres, defying the Wildlife (protection) Act, 1972, and ESZ notification.

The PWD had floated a tender for over Rs 9.19 crore for the construction of the airstrip at Pachmarhi. The work was granted to Sarathi Constructions on 12 May 2022 for the commercial expansion of the airstrip.

The expansion work was being carried out in the ecologically fragile Pachmarhi, which is a UNESCO-designated biosphere reserve. The site fell within 200 metres of the protected area boundary of the Satpura Tiger Reserve and within the notified Eco-Sensitive Zone of Pachmarhi Hills. 

Citing these violations, Bharadwaj lodged complaints with the National Tiger Conservation Authority (NTCA), PCCF (Wildlife), field director of Satpura Tiger Reserve (STR), Airports Authority of India (AAI) and DGCA. He alleged, "The public works department (PWD) has deployed heavy machinery for digging a stretch and hilly slopes. Many trees were also felled. The chopped trees have been hidden in nearby shrubs."

According to Bharadwaj, planes will fly over the core area during take-off, landings, diversions etc, thus violating Wildlife Protection Act (WLPA), 1972. “New airstrips with fuel bunkering and refuelling require mandatory clearances,” said Bharadwaj.

Soon after his complaint, a report was sought from the PWD, leading to the stoppage of work.

According to a Times of India report, the airstrip was being extended under the regional connectivity scheme (RCS), and the idea was to allow VIP planes.

Later, Bharadwaj petitioned the National Green Tribunal (NGT), which initiated an inquiry into the matter. On 8 August 2024, the NGT ordered the suspension of the airstrip expansion project in Pachmarhi until all statutory permissions, including those for Environmental Sensitive Zones (ESZ), wildlife, and environmental clearances, are obtained.

The NGT noted that the expansion was being carried out without statutory permissions viz. Environment Clearance, Wildlife Clearance, approval of National Tiger Conservation Authority and was violative of several provisions of the Eco-Sensitive Zone notification. It also issued notices to key authorities in connection with the controversial airstrip expansion project in Pachmarhi.

An expert committee has been constituted by the NGT consisting of five members representing MoEFCC, CPCB, District Narmadapuram, SPCB and SEIAA (MP) which, inter alia, recommended alternate sites be explored and emphasised the need for a clearance from National Board for Wildlife Clearance. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Other environmental services, Religious/Sacred/Cultural value, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Avani Mishra

Madhya Pradesh

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Complaint against procedural violations

Opposition against environmental degradation

Pachmarhi airstrip expansion taken up sans environmental clearances, NGT halts project

Reported by

Avani Mishra

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

September 22, 2024

September 23, 2024

Edited on

September 22, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Airport

Proximity to Satpura Tiger Reserve and the airstrip’s location within a UNESCO designated Biosphere Reserve that violates environmental laws.

Starting Year

2023

Land Area Affected (in Hectares)

2

ha

Households Affected by Conflict

People Affected by Conflict

State

Madhya Pradesh

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

2

ha

Starting Year

2023

Location of Conflict

Pachmarhi

Narmadapuram

Reason or Cause of Conflict

Airport

Proximity to Satpura Tiger Reserve and the airstrip’s location within a UNESCO designated Biosphere Reserve that violates environmental laws.

Land Conflict Summary

In December 2023, captain (retd) Brajesh Kumar Bharadwaj from Chhindwara raised concerns when he noticed that the existing 1,200-metre airstrip in Pachmarhi, built during the British era, was being expanded by the public works department (PWD) to 1,800 metres, defying the Wildlife (protection) Act, 1972, and ESZ notification.

The PWD had floated a tender for over Rs 9.19 crore for the construction of the airstrip at Pachmarhi. The work was granted to Sarathi Constructions on 12 May 2022 for the commercial expansion of the airstrip.

The expansion work was being carried out in the ecologically fragile Pachmarhi, which is a UNESCO-designated biosphere reserve. The site fell within 200 metres of the protected area boundary of the Satpura Tiger Reserve and within the notified Eco-Sensitive Zone of Pachmarhi Hills. 

Citing these violations, Bharadwaj lodged complaints with the National Tiger Conservation Authority (NTCA), PCCF (Wildlife), field director of Satpura Tiger Reserve (STR), Airports Authority of India (AAI) and DGCA. He alleged, "The public works department (PWD) has deployed heavy machinery for digging a stretch and hilly slopes. Many trees were also felled. The chopped trees have been hidden in nearby shrubs."

According to Bharadwaj, planes will fly over the core area during take-off, landings, diversions etc, thus violating Wildlife Protection Act (WLPA), 1972. “New airstrips with fuel bunkering and refuelling require mandatory clearances,” said Bharadwaj.

Soon after his complaint, a report was sought from the PWD, leading to the stoppage of work.

According to a Times of India report, the airstrip was being extended under the regional connectivity scheme (RCS), and the idea was to allow VIP planes.

Later, Bharadwaj petitioned the National Green Tribunal (NGT), which initiated an inquiry into the matter. On 8 August 2024, the NGT ordered the suspension of the airstrip expansion project in Pachmarhi until all statutory permissions, including those for Environmental Sensitive Zones (ESZ), wildlife, and environmental clearances, are obtained.

The NGT noted that the expansion was being carried out without statutory permissions viz. Environment Clearance, Wildlife Clearance, approval of National Tiger Conservation Authority and was violative of several provisions of the Eco-Sensitive Zone notification. It also issued notices to key authorities in connection with the controversial airstrip expansion project in Pachmarhi.

An expert committee has been constituted by the NGT consisting of five members representing MoEFCC, CPCB, District Narmadapuram, SPCB and SEIAA (MP) which, inter alia, recommended alternate sites be explored and emphasised the need for a clearance from National Board for Wildlife Clearance. 

Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing, Other environmental services, Religious/Sacred/Cultural value, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Wild Life (Protection) Act, 1972
Section 29 [Permit granted by Chief Wildlife Warden is necessary for any action which may affect or destroy habitats for wildlife in a sanctuary] Section 35(6) [Permit of the NBWL is necessary for any action which may affect or destroy habitats for wildlife in a national park] Section 38O [Tiger Conservation Authority to have power to ensure that protected areas or tiger reserve not diverted for ecologically unsustainable interests. Such diversion must be done with the approval of the National Board for Wild Life]
Environmental Impact Assessment Notification, 2006
Point 7(III) [Prior to the grant of Environmental Clearance, public consultation needs to be carried out to hear the concerns of affected persons or stakeholders due to the environmental impact of a proposed project] Para 7(a) of the Schedule [All commercial airport and airstrip projects are classified as Category 'A'."]
Forest (Conservation) Act, 1980
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-consultation with stakeholders

Violation of environmental laws

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal (Central Zone Bench, Bhopal)

Name(s) of the Court(s)

National Green Tribunal (Central Zone Bench, Bhopal)

Case Number

O.A 188/2023 (CZ), O.A 619/2023 (PB) [Brajesh Kumar Bharadwaj vs.State of Madhya Pradesh & Ors.]

Main Reasoning/Decision of court

The issue raised before the Tribunal was related to expanding the airstrip and the expansion are fell into the Eco Sensitive Zone of Satpura Tiger Reserve. The Tribunal noted that the project is in violation of environmental rules and ordered the suspension of the airstrip expansion project in Pachmarhi until all statutory permissions, including guidelines on Eco-sensitive Zone, wildlife and environmental clearances are obtained.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Director General of Forest, Government of India, MP State Environmental Impact Assessment Authority (MPSEIAA), Bhopal, Chief Wildlife Warden, Government of Madhya Pradesh, National Tiger Conservation Authority, Principal Secretary, Civil aviation, Government of Madhya Pradesh, Chief Conservator of Forest and Field director, Satpura Tiger Reserve, Narmadapuram and Member Secretary, State Pollution Control Board, Bhopal

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

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