New Delhi: The Supreme Court of India has lifted the complete ban on development activities within eco-sensitive zones (ESZs) of at least one kilometre around protected wildlife sanctuaries, national parks, and forests.
The court modified its June 2022 order and stated that activities within ESZs shall be guided by the Union Environment, forests and climate change ministry’s February 2011 guidelines and the 2022 office memorandum of an expert committee on ESZ.
The bench has also clarified that mining within national parks and one kilometre from boundaries shall not be permissible.
The court noted that the MoEFCC’s February 2011 ESZ guidelines prohibit commercial mining in ESZs but allow eco-tourism, the establishment of hotels and resorts, and other activities under strict regulation.
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The ban will not apply to instances where appropriate notifications have been issued by the MoEFCC. The ban will also not apply to ESZs that lie on inter-state borders or share common boundaries.
The Union government had argued that millions of people live in ESZs and that the court’s directions in 2022 would have an adverse effect on local communities living around national parks and sanctuaries, as well as ecological development works.
Several state governments had requested an alteration of the court order, citing practical difficulties.
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The additional solicitor general, Aishwarya Bhati, representing the Union government, stated before the court that the restrictions on construction have led to the development of schools, hospitals, and dispensaries being impacted.
She added that the government would follow the 2011 guidelines in terms of the proscribed and permitted activities within the buffer zones.
The court’s decision comes as a relief for many people living in ESZs and those whose livelihoods depend on economic activities in and around protected areas.