SC modifies 2022 order on ESZ around national parks, sanctuaries
Mining within an area of 1 kilometre from NP, WS boundary shall not be permissible as it would be hazardous for wildlife
The Supreme Court on Wednesday modified its 2022 order which directed that each protected forest such as national parks and wildlife sanctuaries must have an eco-sensitive zone (ESZ) of one kilometre.
The court was hearing a plea filed by the central government contended that if the directions are not modified a severe hardship would be caused to the millions of people living in ESZ.
The government argued that it has already issued guidelines for declaration of ESZs on February 9, 2011, around national parks and wildlife sanctuaries which were framed after consulting the National Board for Wildlife and hence, was seeking the modification of the June 3 last year court order on demarcation of such zones.
A three-judge bench of justices BR Gavai, Vikram Nath and Sanjay Karol, however, held that mining within a national park, a wildlife sanctuary and within an area of one kilometre from their boundary shall not be permissible as it would be hazardous for wildlife.
The 2022 order besides demarcation of ESZ, had also banned mining within such parks and sanctuaries across the nation.
Modifying its last year order, the court said its direction would not be applicable where national parks and sanctuaries are located on inter-state borders and share common boundaries.
The order will also not be applicable to draft and final notifications in respect to national parks and sanctuaries issued by the environment ministry and in respect of the proposals that have been received by the ministry, it said.
It also directed the Centre to give wide publicity be given to the draft notification issued by it so that all persons interested have knowledge about it.
“The direction in paragraph 56.1 of the order dated June 3, 2022, is modified and clarified that the directions contained therein would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment and Forest and in respect of the proposals which have been received by the ministry,” the bench said.
