Supreme Court Modifies Directions on Eco-Sensitive Zones to Strike a Balance Between Conservation and Development

On 26 April 2023, In a significant ruling, the Supreme Court of India has modified its directions on eco-sensitive zones (ESZs) to ensure a harmonious coexistence of conservation efforts and the day-to-day activities of citizens residing in these zones. The apex court's judgment aims to strike a balance between protecting wildlife habitats and promoting sustainable development.

The court's decision, delivered by a bench comprising Justices B.R. Gavai, Vikram Nath, and Sanjay Karol, comes as a response to a plea seeking modifications to the existing guidelines governing ESZs. The guidelines, which were issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) in 2011, define ESZs as buffer zones around protected areas such as national parks and wildlife sanctuaries.

The court recognized the need to protect the precious forests and wildlife within the ESZs while acknowledging the rights of the villagers residing in these areas. It emphasized that the purpose of declaring ESZs is not to impede the daily activities of citizens but to safeguard the environment surrounding the protected areas.

One of the key modifications made by the court is that the minimum width of ESZs should be specific to each protected area, rather than a uniform one-kilometer width as previously directed. The court emphasized the need for a site-specific approach that takes into consideration various factors, including inter-state boundaries and geographical features.

The judgment also highlighted the importance of following the prescribed procedure under the Environment (Protection) Rules, 1986, and the existing guidelines issued by the MoEF & CC. It emphasized the need for wide publicity of draft notifications, allowing interested parties to raise objections within a stipulated period.

Regarding mining activities, the court reiterated its earlier stance that mining within one kilometer from the boundary of protected areas is hazardous to wildlife. It expanded this prohibition to apply nationwide, emphasizing the need to protect the ecosystems surrounding national parks and wildlife sanctuaries.

The court also directed strict compliance with the provisions of the MoEF & CC's Office Memorandum dated May 17, 2022. This includes adhering to the Guidelines for ESZs and ensuring compliance while granting Environmental and Forest Clearances for project activities within ESZs and other areas outside protected areas.

The judgment recognized the Centrally Sponsored Scheme for Integrated Development of Wildlife Habitats, which includes assistance for eco-development activities aimed at providing benefits to local communities while safeguarding wildlife and forests. The court emphasized the importance of allowing these activities to continue, including the construction of essential structures like community halls, bridges, and educational facilities.

The court's decision brings clarity and flexibility to the process of delineating ESZs and ensures a more pragmatic approach that balances conservation goals with the developmental needs of local communities. It also provides an avenue for aggrieved persons to approach the court directly if they are adversely affected by ESZ notifications.

The ruling has far-reaching implications for environmental governance and sustainable development in the country. By modifying the existing directions, the Supreme Court has demonstrated its commitment to striking a harmonious balance between wildlife conservation and the welfare of citizens residing in and around protected areas.

GODAVARMAN THIRUMULPAD vs UNION OF INDIA AND OTHERS      

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