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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 on Friday ordered that a minimum width of 1 kilometer ESZ ought to be maintained in respect of the protected forests.

“Each protected forest, that is national park or wildlife sanctuary must have an ESZ of minimum one kilometre measured from the demarcated boundary of such protected forest in which the activities proscribed and prescribed in the Guidelines of 9th February 2011 shall be strictly adhered to.....”, ordered a bench of Justice L Nageshwar Rao, BR Gavai and Aniruddha Bose.

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.

While passing these directions, the three-judge bench observed that 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 State and that it also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development can be achieved in the long term.

“Such role of the State is more relevant today, than, possibly, at any point of time in history with the threat of climate catastrophe resulting from global warming looming large…”, the Supreme Court observed.

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.

“The Principal Chief Conservator of Forests for each State and Union Territory shall also arrange to make a list of subsisting structures and other relevant details within the respective ESZs forthwith and a report shall be furnished before this Court by the Principal Chief Conservator of Forests of each State and Union Territory within a period of three months. For this purpose, such authority shall be entitled to take assistance of any governmental agency for satellite imaging or photography using drones…”, added the Court.

Also, Court clarified that the minimum width of the ESZ may be diluted in the overwhelming public interest but for that purpose, the State or Union Territory concerned shall approach the Central Empowered Committee (CEC) and MoEF&CC and both these bodies shall give their respective opinions/recommendations before the Supreme Court and on that basis, the Court shall pass appropriate order.

Case Title: In Re: T.N. Godavarman Thirumulpad vs. Union of India and Ors.