Supreme Court modifies its earlier order directing to maintain 1km ESZ around protected forests
"Insofar as the restriction on mining is concerned, we are of the considered view that it has been the consistent view of this Court that the mining activities within an area of one kilometre of the boundary of the Protected Areas will be hazardous for the wildlife. Though in the case of Goa Foundation (supra), the said directions were issued in respect of State of Goa, we find that such directions need to be issued on Pan-India basis", the Top Court has further observed.
Allowing an application filed by the Union of India, the Supreme Court on Wednesday ordered that directed that its earlier order mandating a 1-kilometre eco-sensitive zone (ESZ) around protected forests would not apply in cases where the ESZ have already been notified (final and draft) by the Ministry of Environment Forests and Climate Change (“MoEF & CC”) or the proposals for which have been received in the Ministry.
"We, however, direct the Central Government that wide publicity should be given to the draft notification which is required to be published under the provisions of clause (a) of sub-rule (3) of Rule 5 of the 1986 Rules. We further direct that the final notification to be published under clause (d) of sub-rule (3) of Rule 5 of the 1986 Rules shall not be given effect for a period of 30 days from the date of issuance thereof", a Justice BR Gavai led bench has ordered.
Court has further clarified that mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wildlife Sanctuary shall not be permissible.
The bench also comprising Justices Vikram Nath and Sanjay Karol has added that the MoEF & CC and all the State/Union Territory Governments shall strictly follow the provisions in the said Guidelines dated 9th February 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.
"We 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 as well as various State/Union Territory Governments shall strictly follow the provisions contained in the Office Memorandum dated 17th May 2022 issued by MoEF & CC", Court has added.
In June last year, accepting that uniform guidelines may not be possible in respect of each sanctuary or national park for maintaining Eco-Sensitive Zones (ESZ), the Supreme Court had ordered that a minimum width of 1 kilometer ESZ ought to be maintained in respect of the protected forests.
The top court added that mining within the national parks and wildlife sanctuaries is not permitted. Top Court further clarified that if ESZ is already prescribed as per law that goes beyond one-kilometer buffer zone, the wider margin as ESZ shall prevail.
These directions have been passed by the top court while dealing with applications filed in the Public Interest Litigation (PIL) of TN Godavarman Thirumalpad vs. Union of India and Ors which was originally instituted for protection of forest lands in the Nilgiris district of the State of Tamil Nadu.
Furthermore, the Principal Chief Conservator of Forests and Home Secretary of each State and Union Territory have been directed to ensure proper compliance of the said Guidelines as regards nature of use within the ESZ of all national parks and sanctuaries within a particular State or Union Territory.
Case Title: In Re: T.N. Godavarman Thirumulpad vs. Union of India and Ors.