Ecologically sensitive zones (ESZ) are intended to protect ‘protected areas’ – national parks and wildlife sanctuaries – by transitioning from an area of lower protection to an area of higher protection. ESZs are effectively insulating layers where humans and nature can be at peace with each other. Some of the activities that are prohibited, regulated and promoted in the ESZ are given below:
Prohibited activities
1.
Commercial mining – Regulation will not prohibit the digging of
earth for construction for repair of houses and for manufacture of country
tiles or bricks for housing for personal consumption
2.
Setting of saw mills
3.
Setting of industries causing pollution (water, air, soil, noise
etc)
4.
Commercial use of firewood – For hotels and other business
related establishments
5.
Establishment of major hydroelectric projects
6.
Use or production of any hazardous substances
7.
Undertaking activities related to tourism like over-flying the
National Park area by any aircraft, hot-air balloons
8. Discharge of effluent and solid waste in natural water bodies or terrestrial area
Regulated activities
1.
Felling of trees – With permission from appropriate authority
2.
Establishment of hotels – As per approved master plan, which
takes care of habitats allowing no restriction on movement of wild animals
3.
Drastic change of agriculture systems
4.
Commercial use of natural water resources including ground water
harvesting – As per approved master plan, which takes care of habitats allowing
no restriction on movement of wild animals
5.
Erection of electrical cables – Promote underground cabling
6.
Fencing of premises of hotels and lodges
7.
Use of polythene bags by shopkeepers
8.
Widening of roads – This should be done with proper EIA and
mitigation measures
9.
Movement of vehicular traffic at night – For commercial purpose
10. Introduction
of exotic species
11. Protection
of hill slopes and river banks – As per the master plan
12. Air and
vehicular pollution
13. Sign boards & hoardings
Permitted activities
1.
Ongoing agriculture and horticulture practices by local
communities – However, excessive expansion of some of these activities should
be regulated as per the master plan
2.
Rain water harvesting – Should be actively promoted
3.
Organic farming – Should be actively promoted
4.
Use of renewable energy sources – Should be actively promoted
5.
Adoption of green technology for all activities – Should be actively
promoted
In the judgement dated 26.4.2023, among many other things, the Hon’ble Supreme Court has clarified that mining will not be permitted in the ESZ. Earlier, the Hon’ble Court had directed State Governments to send the proposal for notifications of ESZ to MoEF and as far as Kerala is concerned most of the notifications are still draft and only one notification is final.
Observing that some Governments are restricting the width of the ESZ (less than 1 km from boundary), in June 2022, the Hon’ble Court had directed that the minimum width of ESZ should be kept as 1 km from the boundary. However, based on the requests of States, the distance criteria were relaxed for the proposals which have already been forwarded to MoEF.
Even though the apex court has given relaxation regarding minimum width, in the Judgement dated 26.4.2023, it was reiterated that no mining will be permitted within 1 km from the boundary of NWL and NP, even if the ESZ is less than 1 km wide. If the ESZ has more than 1 km wide, then there will be prohibition for mining within the entire ESZ.
The Para 60 of the judgment is given below:
Status of notifications of ESZ pertaining to Kerala State as on 6.5.2023
|
State |
Draft Notification |
Date of uploading |
Final notification |
Date of uploading |
|
Kerala |
190. SO 3327(E)[07.12.2015] Draft notification declaring
Eco-sensitive Zone around the Chulannur Peafowl Sanctuary(1009.74
KB) in the state of Kerala |
30/12/2015 |
– |
– |
|
191. SO 66(E)[07.01.2016] Draft notification declaring
Eco-sensitive Zone around the Eravikulam National Park, Chinnar Wildlife Sanctuary, Anamudi
Shola National Park, Pampadum Shola National Park and Kurinjimala Sanctuary(1.5 MB)
in the state of Kerala |
13/01/2016 |
– |
– |
|
|
191. S.O. 124(E) [12.01.2021] Draft Notification declaring Eco
Sensitive Zone around Eravikulam National Park + 4 PAs , (3.05
MB),Kerala Re-notification New |
18/01/2021 |
– |
– |
|
|
192. SO 65(E)[07.01.2016] Draft notification declaring
Eco-sensitive Zone around the Shendurney Wildlife Sanctuary(2.73 MB)
in the state of Kerala |
18/01/2016 |
– |
– |
|
|
192. S.O. 2939(E) [24.08.2020] Draft Notification declaring Eco
Sensitive Zone around Shendurney WLS, Kerala (125 KB),
Re-Notification New. |
31/08/2020 |
– |
– |
|
|
193. SO 69(E)[31.12.2015] Draft notification declaring Eco-sensitive
Zone around the Malabar Wildlife Sanctuary(323.07
KB) in the state of Kerala |
18/01/2016 |
– |
– |
|
|
193. S.O. 2634(E) [05.08.2020] Draft Notification
declaring Eco Sensitive Zone around Malabar WLS, Kerala(124
KB) Re-Notification New. |
11/08/2020 |
– |
– |
|
|
191. S.O. 2634(E) [05.08.2020] Draft Notification declaring Eco
Sensitive Zone around Malabar Wildlife Sanctuary, Kerala (Malayalam version) (Disclaimer:
The contents of this publication are purely on the basis of submission made
by the State Government of Kerala vide its letter No. D2/85/2021/FWLD, dated
04/02/2022. In case there are any discrepancy in this Malayalam version, the
English version of the draft ESZ Notification published vide S.O.No.2634(E)
dated 05.08.2020 (ESZ around Malabar Wildlife Sanctuary) shall prevail.)(224
KB) Re-Notification (Malayalam version). |
11/08/2020 |
– |
– |
|
|
194. S.O. 118(E) [06.01.2016] Draft Notification declaring Eco
sensitive Zone around Silent Valley National Park(542.09
KB), Kerala |
25/02/2016 |
– |
– |
|
|
194. S.O. 3880(E) [27.10.2020] Draft Notification declaring Eco
Sensitive Zone around Silent Valley National Park, Kerala.(225
KB) Re-Notification New. |
02/11/2020 |
– |
– |
|
|
192. S.O. 3880(E) [27.10.2020] Draft Notification declaring Eco
Sensitive Zone around Silent Valley National Park, Kerala (Malayalam version)
(Disclaimer: The contents of this publication are purely on the basis of
submission made by the State Government of Kerala vide its letter No.
D2/85/2021/FWLD, dated 04/02/2022. In case there are any discrepancy in this
Malayalam version, the English version of the draft ESZ Notification
published vide S.O. No.3880(E) dated 27.10.2020 (ESZ around Silent Valley
National Park) shall prevail.)(325
KB) Re-Notification (Malayalam version). |
02/11/2020 |
– |
– |
|
|
195. S.O. 247(E) [27.01.2016] Draft Notification declaring
Eco sensitive Zone around Thattekkad Bird Sanctuary(1.39
MB), Kerala |
25/02/2016 |
– |
– |
|
|
195. S.O.3454(E) [25.09.2020] Draft Notification declaring
Eco Sensitive Zone around Thattekkada Bird Sanctuary(1.39
MB), Kerala Re-Notification New |
07/10/2020 |
– |
– |
|
|
196. S.O.657(E) [03.03.2016] Draft Notification declaring Eco
sensitive Zone around Peechi-Vazhani Wildlife Sanctuary(1.66
MB), Kerala |
14/03/2016 |
– |
– |
|
|
196. S.O. 4271(E) [25.11.2020] Draft Notification
declaring Eco Sensitive Zone around Peechi Wildlife Sanctuary, (1.39
MB), Kerala Re-Notification New |
01/12/2020 |
– |
– |
|
|
197. S.O. 1248(E) [29.03.2016] Draft Notification declaring Eco
sensitive Zone around Mathikettan Shola National Park(551.16
KB), Kerala |
05/04/2016 |
153. S.O.4729(E) [28.12.2020] Final Notification declaring Eco
Sensitive Zone around Mathikettan Wildlife Sanctuary, |
30/12/2020 |
|
|
197. S.O. 2771(E) [13.08.2020] Draft Notification
declaring Eco Sensitive Zone around Mathikettan Shola WLS(144
KB), in the State of Kerala Re-Notification New. |
20/08/2020 |
– |
– |
|
|
198. S.O. 1249(E) [29.03.2016] Draft Notification declaring Eco
sensitive Zone around Aralam Wildlife Sanctuary(383.16
KB), Kerala |
05/04/2016 |
– |
– |
|
|
198. S.O. 2393 (E) [20.07.2020] Draft Notification declaring Eco
Sensitive Zone around Aralam Wildlife Sanctuary (222
KB)Kerala Re-Notification New |
22/07/2020 |
– |
– |
|
|
199. S.O. 1276(E) [31.03.2016] Draft Notification declaring Eco
sensitive Zone around Periyar Tiger Reserve(2.86
MB), Kerala |
11/04/2016 |
– |
– |
|
|
200. S.O. 2632(E) [05.08.2016] Draft notification declaring Eco
Sensitive Zone around Chimmony Wildlife Sanctuary(1.26
MB), Kerala |
22/08/2016 |
– |
– |
|
|
201. S.O. 2634(E) [05.08.2016] Draft notification declaring Eco
Sensitive Zone around Idukki Wildlife Sanctuary(1.82
MB), Kerala |
22/08/2016 |
– |
– |
|
|
201. S.O. 2772(E) [13.08.2020] Draft Notification declaring Eco
Sensitive Zone around Idukki WLS(256 KB),
in the State of Kerala. Re-Notification New. |
20/08/2020 |
– |
– |
|
|
202. S.O. 2633(E) [05.08.2016] Draft notification declaring Eco
Sensitive Zone around Neyyar and Peppara Wildlife Sanctuaries |
22/08/2016 |
– |
– |
|
|
200. S.O. 1361(E) [25.03.2022] Re-Draft Notification declaring
Eco Sensitive Zone around Neyyar and Peppara Wildlife Sanctuary(245.42
KB), Kerala. Re-Notification New |
25/03/2022 |
– |
– |
|
|
203. S.O. 2637(E) [05.08.2016] Draft notification declaring Eco
Sensitive Zone around Parambikulam Tiger Reserve(819.88
KB), Kerala |
22/08/2016 |
– |
– |
|
|
203. S.O. 440(E) [28.01.2021] Draft Notification declaring Eco
Sensitive Zone around Parambikulam Tiger Reserve (4.19 MB),
Kerala Re-notification New |
01/02/2021 |
– |
– |
|
|
204. S.O. 2905(E) [09.09.2016] Draft notification declaring Eco
Sensitive Zone around Kottiyoor Wildlife Sanctuary(493.17
KB), Kerela |
15/09/2016 |
– |
– |
|
|
204. S.O. 2940(E) [24.08.2020] Draft Notification declaring Eco
Sensitive Zone around Kottiyoor WLS, Kerala (111 KB),
Re-Notification New. |
31/08/2020 |
– |
– |
|
|
205. S.O. 2810 (E) [29.08.2017] Draft Notification Declaring Eco
Sensitive Zone around Manglavanam Bird Sanctuary (2.41
MB)Kerala |
12/09/2017 |
– |
– |
|
|
205. S.O. 3033(E) [07.09.2020] Draft Notification declaring Eco
Sensitive Zone around Manglavanam Bird Sanctuary (2.41
MB)Kerala |
15/09/2020 |
– |
– |
|
|
206. S.O. 4270(E) [25.11.2020] Draft Notification declaring Eco
Sensitive Zone around Choolannur Pea Fowl Sanctuary, (2.41
MB)Kerala |
01/12/2020 |
– |
– |
|
|
207. S.O. 4269(E) [25.11.2020] Draft Notification declaring Eco
Sensitive Zone around Chimmony Wildlife Sanctuary, (2.41
MB)Kerala |
01/12/2020 |
– |
– |
|
|
208. S.O. 438(E) [28.01.2021] Draft Notification declaring Eco
Sensitive Zone around Wayanad Wildlife Sanctuary (2.41 MB),
Kerala |
01/02/2021 |
– |
– |
![[PDF]](file:///C:/Users/BEN/AppData/Local/Temp/msohtmlclip1/01/clip_image001.png){kind=small}
Source: www.moef.gov.in
Distance mentioned in KMMC Rules 2015
In KMMC Rules, it is mentioned that mining will not be permitted within 1 km from the boundaries of WLS and NP. As per the Hon'ble Supreme Court judgments, mining is prohibited within the ESZ and if the width of ESZ is less than 1 km, then prohibition will extend till 1 km from the boundary.
About Godavarman Thirumulpad
Download Judgment dated 26.4.2023
 around wildlife sanctuaries and national parks and mining prohibition – Hon’ble Supreme Court Judgment dated 26/4/2023){kind=link}
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