MUMBAI: 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.
