SC modifies 2022 order on ESZ around national parks, sanctuaries

The Supreme Court on Wednesday modified its 2022 order which directed that each protected forest such as national parks and wildlife sanctuaries must have an ecosensitive zone ESZ of one kilometreThe court was hearing a plea filed by the central government contended that if the directions are not modified a severe hardship would be caused to the millions of people living in ESZThe government argued that it has already issued guidelines for declaration of ESZs on February 9 2011 around national parks and wildlife sanctuaries which were framed after consulting the National Board for Wildlife and hence was seeking the modification of the June 3 last year court order on demarcation of such zonesA threejudge bench of justices BR Gavai Vikram Nath and Sanjay Karol however held that mining within a national park a wildlife sanctuary and within an area of one kilometre from their boundary shall not be permissible as it would be hazardous for wildlifeThe 2022 order besides demarcation of ESZ had also banned mining within such parks and sanctuaries across the nationModifying its last year order the court said its direction would not be applicable where national parks and sanctuaries are located on interstate borders and share common boundariesThe order will also not be applicable to draft and final notifications in respect to national parks and sanctuaries issued by the environment ministry and in respect of the proposals that have been received by the ministry it saidAlso Read Consider leaving questions raised in same sex marriage pleas to ParliamentIt also directed the Centre to give wide publicity be given to the draft notification issued by it so that all persons interested have knowledge about itThe direction in paragraph 561 of the order dated June 3 2022 is modified and clarified that the directions contained therein would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the MoEF Ministry of Environment and Forest and in respect of the proposals which have been received by the ministry the bench saidWe however direct the central government that wide publicity should be given to the draft notification it saidThe MoEF and all state and Union Territory governments shall strictly follow the provisions in the said guidelines dated February 9 2011 and so also the provisions contained in the ESZs notifications pertaining to the respective protected areas with regard to prohibited activities regulated activities and permissible activities the bench saidWe further direct that while granting environmental and forest clearances for project activities in ESZ and other areas outside the protected areas the Union of India stateUnion Territory governments shall strictly follow the provisions contained in the office memorandum dated May 17 2022 issued by environment ministry it saidIssuing a slew of directions the apex court last year had said the role of the State cannot be confined to that of a facilitator or generator of economic activities for immediate upliftment of the fortunes of the stateThe apex court had ordered that no permanent structure will be allowed within such ESZ and said if the local law or other rules provide for an ESZ of more than one kilometre then the earlier provision would continue to applyEach protected forest that is national park or wildlife sanctuary must have an ESZ of a minimum one kilometre measured from the demarcated boundary of such protected forest in which the activities proscribed and prescribed in the Guidelines of February 9 2011 will be strictly adhered to it had saidIt had however held that for the Jamua Ramgarh wildlife sanctuary of Rajasthan the ESZ shall be 500 metres so far as subsisting activities are concernedThe apex court order had come on a batch of applications filed in a pending PIL of 1995 and they raised two sets of issues the first one was related to mining activities in and around the Jamua Ramgarh wildlife sanctuaryThe second set of issues related to prescribing ESZ surrounding the wildlife sanctuaries and national parksThe top court had also directed the principal chief conservator of forests of each state and Union Territory to make a list of subsisting structures and other relevant details within the ESZs forthwith and furnish a report within a period of three monthsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever