No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies
On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the...
On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.
The Apex Court was considering an application seeking clarification regarding, whether mining activities would be permissible beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the ESZ notified by the Ministry of Environment, Forest and Climate Change (MoEF-CC).
A Bench comprising Justice BR Gavai and Justice Vikram Nath has now clarified that even if ESZ is more than 1 km, mining activity would not be permissible in case the mining area falls within the ESZ. It noted that since mining activity in the ESZ area is a prohibited activity, it cannot be permitted in an ESZ area even if it is beyond 1 km. The intention was to protect National Parks and Wildlife Sanctuaries so that mines do not become death traps for flora and fauna.
“We clarify that even if in a particular case, the ESZ is more than one kilometer, still, if the concerned area where mining is proposed falls within the ESZ, the mining activity will not be permitted, even if it falls in an area which is beyond one kilometer from the boundary of the Protected Area.”
In its order dated 26th April, 2023, the Court had categorically recorded -
“We also modify the direction contained in paragraph 56.4 of the order dated 3rd June, 2022 (Supra) and direct that mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wild Life Sanctuary shall not be permissible.”
The Bench was previously informed that in some of the National Parks and Wildlife Sanctuaries the ESZ areas are less than 1km, where in others it is 500 m or lesser. Accordingly, it had held that even in cases where the ESZ boundaries are less than 1 km from the Protected Area, the ban on mining shall extend up to a distance of 1 km from the boundary of such areas.
The Guidelines dated 9th February, 2011, as well as the provisions contained in the MoEF-CC ‘s 2020 notification on prohibited activities in Protected Areas commercial mining is a prohibited activity. The Bench held -
“As such, any activity, which is prohibited by both the guidelines as well as the ESZ notification shall strictly be prohibited. Since the mining activity in ESZ area is a prohibited activity, there is no question of such an activity being permitted in an ESZ area even if it falls beyond the distance of one kilometer from the boundary of the protected area.”
[Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw SC ]
Citation : 2023 LiveLaw (SC) 392