In  I.A. No. 131377 of 2022-SC- If direction is continued, man-animal conflict will intensify: SC allows plea to modify its earlier Order mandating 1km ESZ around protected forests, directs that mining within 1km from boundary of National Park & Wildlife Sanctuary shall not be permissible
Justices B.R. Gavai, Vikram Nath & Sanjay Karol [26-04-2023]

Read Judgment: IN RE: T.N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA AND OTHERS 

Tulip Kanth

New Delhi, April 27, 2023: While observing that if directions are continued, rather than avoiding man-animal conflict, it will intensify the same, the Supreme Court has amended its earlier directions which mandated that each protected forest (national park or wildlife sanctuary) must have an ESZ of minimum 1 km measured from the demarcated boundary of such forest.

Noting that the necessity to have ESZs is to provide a buffer zone around the Protected Areas and the rights of the villagers residing in the Protected Areas are required to be settled in accordance with the provisions contained in the Wild Life (Protection) Act, 1972, the Larger Bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol said, “As stated in the said Guidelines, the purpose of declaring ESZs is not to hamper the day to day activities of the citizens. If the direction as issued is continued, it would certainly hamper the day to day activities of the citizens residing in ESZs.”

The interlocutory application was filed by the Union of India praying for modification/clarification of the order passed by the Court whereby it was declared that each protected forest i.e. national park or wildlife sanctuary must have an ESZ of minimum one km measured from the demarcated boundary of such protected forest in which the activities proscribed and prescribed in the Guidelines of February 9, 2011 shall be strictly adhered to. 

Another direction was that in the event any activity is already being undertaken within the one km or extended buffer zone (ESZ), of any wildlife sanctuary or national park which does not come within the ambit of prohibited activities as per the Guidelines, such activities may continue with permission of the Principal Chief Conservator of Forests of each State or Union Territory.

It was the petitioner’s case that the direction of the order was likely to cause great hardship to the citizens residing in the ESZs and the direction that no new permanent structure shall be permitted to come up for whatsoever purpose within the ESZs would also cause great hardship.

The clarification/modification of the order was sought to the extent that the Eco-Sensitive Zones (ESZs) which have already been notified (final and draft) by the Ministry of Environment Forests and Climate Change (MoEF & CC) or the proposals for which have been received in the Ministry be exempted from the directions therein. 

The applicant also sought modification to the extent that first direction may not be made applicable where National Parks and Wildlife Sanctuaries are located along inter-State boundaries and/or common boundaries. 

The Bench took note of the elaborate and exhaustive list prepared by MoEF & CC of the activities which shall be prohibited, regulated and the activities which shall be permitted.

The Top Court opined that hundreds of villages are situated within the ESZs in the country and if no permanent construction is to be permitted for any purpose, a villager who is desirous to reconstruct his house would not be permitted. Similarly, if there is an extension in their family and some additional construction is required for accommodating the enlarged family, the same would also not be permitted. 

Similarly, if the Government decides to construct schools, dispensaries, anganwadis, village stores, water tanks and other basic structures for improvement of the life of the villagers, the same would also not be permitted. The effect of the order will be to prevent the State or the Central Government from constructing roads and provide other facilities to the villagers, the Bench added.

Noting that eco-development activities are required with the dual objectives of protection of wildlife and provision of benefits for the local communities, the Bench opined that if the order was not modified, it would also be impossible for the Forest Departments to conduct around National Parks and Sanctuaries. 

The Bench was of the opinion that the area to be declared as ESZ cannot be uniform and will be Protected Area specific. In some cases, it may be 10 kilometres on one side and 500 meters on the other side. In certain cases, it may not be possible to have a uniform minimum area by virtue of inter-state boundaries or a sea or a river beyond one side of the Protected Area.

Thus, allowing the application, the Bench modified the impugned Order 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 MoEF & CC and in respect of the proposals which have been received by the Ministry.

The Bench also modified the directions contained in paragraph 56.4 of the order and directed that mining within the National Park and Wildlife Sanctuary and within an area of one km from the boundary of such National Park and Wildlife Sanctuary shall not be permissible.

The Top Court also modified the directions contained in paragraph 56.5 of the order and replaced the same by directing that the MoEF & CC and all the State/Union Territory Governments shall strictly follow the provisions in the said Guidelines dated February 9, 2011 and also the provisions contained in the ESZs notifications pertaining to the respective Protected Areas with regard to prohibited activities, regulated activities and permissible activities.

The Bench further directed that 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 May 17, 2022 issued by MoEF & CC.