Supreme Court modifies order on construction ban within one kilometre of protected areas

The Supreme Court on April 26, 2023, directed that its June 3 order last year which mandated a 1-kilometre eco-sensitive zone (ESZ) around protected areas (PAs) would not apply in cases where a draft or final notification for development has already been issued, legal news portal Bar and Bench reported.

A bench headed by Justice BR Gavai, Vikram Nath and Sanjay Karol said any developmental activities undertaken within ESZs should follow the February 2011 guidelines set by the Union Ministry of Environment, Forest and Climate Change (MoEFCC).

Also, the provisions of the 2022 Office Memorandum should be strictly followed, it added:

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 June 3, 2022 order had stated that any work already underway in ESZs could only continue after permission from the concerned state’s chief forest conservator had been obtained.

It was on March 18 this year that the Supreme Court indicated it might relax the one-kilometre construction prohibitions around protected wildlife sanctuaries, national parks and forests that safeguarded them.

The apex court though had ordered on June 3 that mining activities should not be permitted in wildlife sanctuaries and national parks. The April 26 judgement retained this aspect and also extended the mining ban to a one km area around wildlife sanctuaries and parks.

There are 104 national parks and 558 wildlife sanctuaries in India, the April 26 order noted.

Additional Solicitor General Aishwarya Bhati, representing the Union government, argued that the direction cited in paragraph 56.5 of the order on June 3, 2022, “cited great hardships to the citizens residing in the ESZs”.

It stated that the locals could not construct or reconstruct the houses on their own land and acquiring approvals from the forest officials was a tedious task.

The advocate submitted that the limitations on constructions negatively affected establishing essential public facilities such as schools, anganwadis, dispensaries and hospitals.

Bhati said directions allow that, “if any activity is already being undertaken within one km or extended buffer zone that is ESZ and which does not come within the ambit of prohibited activities as per the Guidelines, the activities may continue with approval from Principal Chief Conservator of Forests (PCCF).”

But the bench dismissed this:

... 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. 

Rahul Choudhary, a Delhi-based environmental lawyer, said the April 26 judgement would have a detrimental effect on PAs.

“Earlier the restrictions imposed were within 10 km as per the court notification in 2002, which served as a buffer for animals. However, the restrictions have been relaxed over the years,” he told Down To Earth.

However, lifting the ban would mean construction of commercial establishments as well, disturbing wildlife.

Read more:

• SC order on eco-sensitive zone has no scientific basis, case-to-case ESZ needed, say experts
• Restrictions can be relaxed within a kilometre of eco-sensitive zones, Supreme Court indicates

We are a voice to you; you have been a support to us. Together we build journalism that is independent, credible and fearless. You can further help us by making a donation. This will mean a lot for our ability to bring you news, perspectives and analysis from the ground so that we can make change together.