SC modifies 2022 order on ESZ around national parks, sanctuaries

The 2022 order besides demarcation of ESZ, had also banned mining within such parks and sanctuaries across the nation

The Supreme Court on Wednesday modified its June 3, 2022 order mandating a one-kilometre eco-sensitive zone (ESZ) around protected areas, saying if such a direction is continued, rather than avoiding man-animal conflict, this will intensify it.

It also noted that there are inbuilt safeguards in the existing law to prevent rampant construction or any abuse or process that may be detrimental to wildlife habitat.

"We are of the view that if such a direction is continued, rather than avoiding man-animal conflict, it will intensify the same. The requirement of declaring ESZs (buffer zone) is not to hamper the day-to-day activities of the citizens but is meant to protect the precious forests/protected areas from any negative impact and to refine the environment around the Protected Areas," a bench presided over by Justice B R Gavai said.

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The court, however, said mining should not be allowed in wildlife sanctuaries and national parks.

On a plea by the Centre and others, the bench, also comprising Justices Vikram Nath and Sanjay Karol, said that 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," the court noted.

"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 added.

Having gone through the effects of June 2022 order, the bench also pointed out that there are certain projects of national and strategic importance such as construction of national highways, railways, defence-related infrastructure, etc.

"The effect of the direction is that all such activities will be permanently prohibited," it said.

It further pointed out if the order is not modified, it will also be impossible for the Forest Departments to conduct eco-development activities around national parks and sanctuaries.

The said activities are required with the dual objectives of protection of wildlife and provision of benefits for the local communities, including the construction of community halls, bridges, threshing floors, fish-drying platforms, drinking water storage, etc, for the benefit of local communities/villages; and forest chowkies, watch towers, and other structures for protection of wildlife and forests; and the construction of interpretation centres, toilets and other basic structures, it noted.

The court was informed that there are 100 villages in the ESZs around different tiger reserves, national parks and wildlife sanctuaries.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, submitted that the government has already issued Guidelines on February 9, 2011 for declaration of ESZs around national parks and wildlife sanctuaries.

The said Guidelines, framed after consulting the National Board for Wildlife and all the State and Union Territory Governments, provided a detailed procedure for submitting a proposal for declaration of the areas around National Parks and Wildlife Sanctuaries as ESZs.

It further submitted that the said guidelines itself contained various activities which have been categorised as prohibited, regulated, and permitted.