SC Withdraws Complete Ban on Development Activities Near ESZs
The apex court modified its June 2022 order to state that activities within ESZs shall be guided by the February 2011 guidelines issued by the Union Environment, Forests and Climate Change Ministry
NEW DELHI: The Supreme Court has lifted the complete ban on development activities of at least one kilometre around protected wildlife sanctuaries, national parks, and forests within eco-sensitive zones (ESZs).
This is likely to have an impact on development activities that have till now been banned in and around eco-sensitive zones in Assam like Kaziranga National Park and Deepor Beel.
The apex court of India modified its June 2022 order to state that activities within ESZs shall be guided by the February 2011 guidelines issued by the Union Environment, Forests and Climate Change Ministry and its office memorandum of an expert committee on ESZ issued in 2022.
Mining within national parks and one kilometre from boundaries shall not be permissible the bench has also clarified.
The court noted that the MoEFCC’s February 2011 guidelines on ESZ has prohibited commercial mining in ESZs but eco-tourism, the establishment of hotels and resorts, and other activities will be allowed under strict regulation.
The ban will not apply to instances where appropriate notifications to that effect have been issued by the MoEFCC. The ban will also not apply to ESZs that are located on inter-state borders or share common boundaries between states.
In its argument, the Union government had pointed out that lakhs of people live in ESZs and that the court’s directions in 2022 would have an adverse effect on the lives of local communities living around national parks and sanctuaries, as well as ecological development works that have beneficial outcomes.
Citing practical difficulties, several state governments had requested an alteration of the court order regarding ESZs.
The additional solicitor general, Aishwarya Bhati, representing the Union government, stated before the court that the restrictions on construction have led to the development of schools, hospitals, and dispensaries being impacted.
She added that the government would follow the 2011 guidelines in terms of the proscribed and permitted activities within the buffer zones.
The court’s decision comes as a relief for many people living in ESZs and those whose livelihoods depend on economic activities in and around protected areas.
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