SC lifts complete ban on ESZ constructions

NEW DELHI: The Supreme Court on Wednesday modified its June 2022 order that ruled each national park and wildlife sanctuary must have an eco-sensitive zone (ESZ) of minimum 1km, measured from the demarcated boundary of such protected forest, while also lifting a complete ban on development and construction activities within ESZs.

A bench led by Justice BR Gavai noted that its 2022 order on uniform ESZs was not workable and that its directive prohibiting all development activities within such zones is “impossible to be implemented”.

“The area to be declared as ESZ cannot be uniform and will be protected area specific. In some cases, it may be 10km on one side and 500m on the other side. In certain cases, it may not be possible to have a uniform minimum area by virtue of interstate boundaries or a sea or a river beyond one side of the protected area... we find that the direction which prescribes a uniform 1km ESZ requires to be modified,” said the bench, which also comprised justices Vikram Nath and Sanjay Karol.

Accepting the Centre’s review plea, the court took note of Rule 5 of the Environment (Protection) Rules, 1986 laying down an extensive procedure for notifying an ESZ and prohibiting or restricting various activities in the specified areas.

“Such notifications cannot be issued unless a close scrutiny at various levels including the scrutiny by an expert committee, consisting of experts from 13 organisations, is carried out,” noted the bench, adding the guidelines issued by the ministry in 2011 were “reasonable”.