Supreme Court modifies its June 2022 order on 1-km eco-sensitive zones around protected forests

In a breather for several State governments, the Supreme Court on Wednesday directed that its earlier order mandating a 1-kilometre eco-sensitive zone (ESZ) around protected forests would not apply in cases where a draft or final notification for development has already been issued [TN Godavarman Thirumulpad vs Union Of India & Ors].A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol stressed that there are inbuilt safeguards in existing law to prevent rampant construction or any abuse of process that may be detrimental to wildlife habitat..Pertinently, the Court said that the purpose of declaring ESZs is not to hamper day-to-day activities of the citizens but to protect forests."Hundreds of villages are situated within the ESZs in the country. If no permanent construction is to be permitted for any purpose, a villager who is desirous to reconstruct his house would not be permitted. Similarly, if there is an extension in their family and some additional construction is required for accommodating the enlarged family, the same would also not be permitted. Similarly, if the Government decides to construct schools, dispensaries, anganwadis, village stores, water tanks and other basic structures for improvement of the life of the villagers, the same would also not be permitted," the Court said..The verdict modified a June 2022 Supreme Court order that had laid down such ESZs, where no developmental work would be allowed. In that ruling, the bench of which Justice Gavai was part, had held that any work already underway in such zones can continue only after obtaining permission from the concerned State's Chief Forest Conservator.It had been ordered that if the ESZ is already prescribed as per law that goes beyond the one kilometre buffer zone, the wider margin shall prevail.Pertinently, the Court had held that mining should not be allowed in wildlife sanctuaries and national parks. This aspect was retained in the present judgment, and strengthened by extending the ban to a 1km area around wildlife sanctuaries and parks. .The Court today added that the directions for the ESZ would not apply to national parks and sanctuaries located on inter-State borders and/or sharing common boundaries.On the permission of the Principal Chief Conservator of Forests being needed for continuing any developmental work in forests, the bench said," ... there will be hundreds of villages wherein millions of people would be residing, the PCCF would be left with no other job except to consider such applications for permission to continue such activities. Even a farmer desirous to continue farming activities would be required to seek such permission. We find that such a direction is impossible to be implemented. We are of the view that if such a direction is continued, rather than avoiding man-animal conflict, it will intensify the same.".Hence, that direction was modified in the following way:-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;-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.The Court also directed the Union Environment Ministry to give due and wide publicity to the draft and final notifications towards declaration of ESZs. It was stated that the time period between publication of the two should be at least 30 days..[Read Judgment]