"Approach High Court": Supreme Court in plea seeking direction to Matheran Monitoring Committee for regular plying of vehicles carrying essentials to area
The Supreme Court today refused to entertain a plea seeking an interim relief in the form of a direction to the Matheran Monitoring Committee to ensure daily plying of CNG/LPG/Electric vehicles carrying essential items to the core area
The division bench of Justices Indira Banerjee and V Ramasubramanian has directed the petitioner to approach the High Court of Bombay.
The petition filed by a resident of Matheran, Sunil Ramachandra Shinde through Advocate Vivek Narayan Sharma had sought a direction for quashing of Notification dated February 4, 2003 issued by the Ministry of Environment, Forests and Climate Change whereby Matheran and surrounding region was declared as Eco Sensitive Zone. Clause (n) of the notification prohibits plying of vehicular traffic within the Matheran Municipal limits, except ambulance and fire engine.
Advocate Vivek Narayan Sharma appearing for the petitioner argued that the residents of Matheran were paying extra on every food item and 200 extra on gas supply.
The bench however observed that a matter was already pending before the High Court and asked the petitioner to file an impleadment application before the High Court.
On the petitioner’s insistence that the matter be heard Justice V Ramasubramanian said, “It is like you want the child to be named even before the marriage is performed”.
The petitioner had stated that due to the said notification, horses and hand carts involving human labour is used as a means of transport which makes the cost of living for residents and Matheran and surrounding areas very high.
“Also since transportation is not available, the children of Matheran Area have to walk miles every day to be able to reach their schools. Senior Citizens and Differently Abled Person also have a tough time in moving around in the Matheran Area,”said the plea.
The petitioner also pointed out that the Bombay High Court on a similar plea had directed the Court Constituted Matheran Monitoring Committee and MoEF that instead of the tempo carrying essential items to the core a week, the essential items shall be carried by the tempo at least thrice a week up to September 30, 2020 and to submit a report on the same by September 15, 2020.
However the Committee failed to submit the report by the aforesaid date whereby it was required to review the functional aspects of the arrangements made in order of the High Court dated May 16, 2020.
The petitioner submitted that since September 30, 2020 till present day, no tempo service or any other vehicle has been plying essential goods to Matheran consequently causing grave mental agony and financial distress to the 30,000 residents of the area.
The petition in the high Court was listed on January 9, 2021 but did not come up for hearing after which the petitioner was constrained to approach the Apex Court.