The Supreme Court provided a clarification on its previous order regarding the establishment of a 1 km Eco-Sensitive Zone (ESZ) around protected forests. The Court stated that this order would not apply to ESZs that have already been notified by the Ministry of Environment, Forest and Climate Change (MoEF & CC) or to proposals that have been received by the Ministry.
The Court was considering a request for clarification on whether mining activities would be allowed beyond the 1 km limit from the Protected Area, even if the area falls within the ESZ. However, the Bench consisting of Justice BR Gavai and Justice Vikram Nath clarified that mining activities would not be allowed within the ESZ, even if it extends beyond 1 km. The Court emphasized that the ESZ was created to protect National Parks and Wildlife Sanctuaries from harmful activities such as mining, which could cause harm to the flora and fauna of the region. Therefore, mining activities within the ESZ are strictly prohibited to ensure the safety and protection of these areas.
The Supreme Court clarified its earlier order that established a 1 km Eco-Sensitive Zone (ESZ) around protected forests. The Court stated that mining activities would not be permitted within the ESZ, even if it extends beyond 1 km. The Bench, comprising Justice BR Gavai and Justice Vikram Nath, explained that the ESZ was created to protect National Parks and Wildlife Sanctuaries from harmful activities such as mining.
In its previous order dated 26th April, 2023, the Court had directed that mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wildlife Sanctuary shall not be permissible. The Court had also noted that in some cases, the ESZ areas are less than 1 km, while in others, it is 500 m or lesser. Therefore, the ban on mining would extend up to a distance of 1 km from the boundary of such areas, even if the ESZ boundaries are less than 1 km from the Protected Area.
The Court emphasized that commercial mining is a prohibited activity as per 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. Therefore, any activity that is prohibited by both the guidelines and the ESZ notification shall strictly be prohibited. Mining activities in the ESZ area are strictly prohibited, even if it falls beyond the distance of one kilometer from the boundary of the protected area, to ensure the protection of flora and fauna in these regions.
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