From Our Bureau
NEW DELHI: In a major ruling to protect the forests, the Supreme Court on Friday fixed one km of eco-sensitive zone (ESZ) across the demarcated boundaries of protected forests and wildlife sanctuaries across the country and any activities within this zone can be carried out only with the permission of Chief Conservator of the forest (CCF) of the concerned state.
The activities in the protected forests which are “proscribed and prescribed” in the guidelines issued on February 9, 2011, “shall be strictly adhered to”, the court said.
A vacation bench comprising Justice L. Nageswara Rao, Justice B.R.Gavai and Justice Aniruddha Bose, however, said if the ESZ as per law is beyond one kilometre , then the same will be maintained. In cases where the ESZ or the buffer zone is proposed to be wider and beyond one kilometre and the decision is yet to be arrived at, the proposed wider ESZ or buffer zone will be maintained.
Taking into account the exigencies that may emerge in the future, the court said that the minimum width of the ESZ may be “diluted in overwhelming public interest” but for that the State or UT will approach CEC on environment matters and MoEF, and two bodies, in turn.will give their opinion to the top court.
The court, however, carved an exception for Jamua Ramgarh wildlife sanctuary where ESZ shall be 500 metres as far as subsisting activities are concerned.
This happens to be the last judgment pronounced by a bench headed by Justice L. Nageswara Rao, who will retire on June 7, 2022. He has already been given a send-off before the top court went into a six-week summer recess.
The court entitled the Chief Conservator of Forests in the States and the UTs to take assistance from any government agency for satellite imaging or photography using drones.
Prohibiting mining within the national park and wildlife sanctuaries, the judgment by Justice Bose had said that in the event any activity is already being undertaken within one kilometre or the extended buffer zone, as the case may be, which does not come within the ambit of prohibited activities under February 9, 2011, guidelines, such activities may continue with the permission of the Chief Conservator of Forests.
The person responsible for such activities within the prohibited zone, the court said, shall obtain necessary permissions within a period of six months. However, this permission shall be subject to the satisfaction of the CCF that the concerned activities do not come within the prohibited list and were continuing prior to the passing of the top court order.
