Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment (Protection) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Environment (protection) Act, 1986 (29 of 1986) |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Environment (Protection) Act, 1986 – Environment (Protection) Rules, 1986 – r. 5 – Eco-sensitive zone (ESZ) – Protection of forest land – Issuance of directions by this Court, by order dated 03.06.2022 that each protected forests-national park or wildlife sanctuary, to have an ESZ of minimum one kilometre measured from the demarcated boundary of such protected forest, wherein the activities proscribed and prescribed in the Guidelines of 9.2.2011 shall be strictly adhered to; that with respect to the activities that were already being undertaken within the one kilometre or extended buffer zone-ESZ and which was not prohibited under the ESZ Guidelines, such activities to continue with the permission of the Principal Chief Conservator of Forests of each State or Union Territory; and no new permanent structures permitted to come up within the ESZ – Modification/clarification of the directions sought– Held: Direction in paragraph 56.1 of the order dated 03.06.2022 is modified and clarified – 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 – As such, the direction which prescribes a uniform one kilometre ESZ to be modified – Mining activities within an area of one kilometre of the boundary of the Protected Areas would be hazardous for the wildlife, such directions to be issued on Pan India basis – Furthermore, 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 – Also the direction contained therein would not be applicable where the National Parks and Sanctuaries are located on inter-State borders and/or share common boundaries – Directions contained in paragraph 56.5 are modified and replaced that MoEF & CC and all State/Union Territory to strictly follow the provisions in the Guidelines of 9.02.2011 and so also the provisions contained in the ESZs notifications; and 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 to strictly follow the provisions contained in the OM dated 17.05.2022 issued by MoEF & CC – Environmental laws. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 430 |
Petitioner | In Re: T.n. Godavarman Thirumulpad |
Respondent | Union Of India And Others |
SCR | [2023] 6 S.C.R. 601 |
Judgement Date | 2023-04-26 |
Case Number | 202 |
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