The apex court said it is not possible to implement a uniform ESZ in every protected area because of interstate boundaries
On April 26, 2023, the Supreme Court lifted a complete ban on development and construction activities within ‘Eco-sensitive zones’ or ESZs.
The apex court said it is not possible to implement a uniform ESZ in every protected area because of interstate boundaries or even seas, for instance.
This judgment retained the previous stand that mining be banned within a one km area around wildlife sanctuaries and national parks (104 national parks and 558 wildlife sanctuaries).
In June last year, every protected forest, national park and wildlife sanctuary across the country was mandated to have an ESZ of a minimum of 1 km, starting from their demarcated boundaries. The purpose of the declaration was to restrict human activities that may involve the permanent construction of houses by individuals or the government in the protected area.
The Union government representative, Aishwarya Bhati, argued that thousands of villages and communities live in ESZs across the country. The locals here could not construct houses on their own land, and getting approvals from the forest officials was a tedious task.
This affected the establishment of essential public facilities such as schools, anganwadis, dispensaries and hospitals, submitting that such activities may continue only by seeking approval from the Principal Chief Conservator of Forests( PCCF).
The bench dismissed the submission saying that the PCCF would have to consider hundreds of applications for permission to continue such activities. Even a farmer desirous to continue farming would be required to seek such permission. This might be impossible to implement.
The bench said that any developmental activities undertaken within ESZs should follow the February 2011 guidelines (set by the Union Ministry of Environment, Forest and Climate Change). It includes a broad list of activities that could be allowed, regulated or promoted. Prohibitions include commercial mining, setting of sawmills and industries causing pollution, commercial use of firewood and major hydropower projects.
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