Observing that the forest department cannot not levy a "conservation fee" on commercial activities outside the eco-sensitive zones (ESZs) surrounding national parks and wildlife sanctuaries, the Bombay high court struck down a Rs 4 crore demand made on a Thane developer.
The moot question involved is whether the 2 per cent of project cost is to be deposited even if the petitioner's property is not within the ESZ, said the HC, and held that the forest officer was acting "beyond the authority" as the department was unable to show any legal provision that permits them to seek such a fee as deposit.
The principal chief conservator of forest and director, Sanjay Gandhi National Park and the national board of wildlife, may not be in a position to exercise their authority beyond the ESZ, said a division bench of Justices SV Gangapurwala and Vinay Joshi in a May 4 judgement. The HC summer vacation started on May 7.
"When the activity of the petitioner is beyond the ESZ, then in that case, they would not have any authority to demand the deposit of the amount," the bench said.
