SC modifies order on ESZ around protected forests

Last Updated28/04/2023

The Supreme Court modified its judgement to have mandatory eco-sensitive zones (ESZ) of a minimum one kilometre around protected forests, national parks and wildlife sanctuaries across the country.

The court had ordered the one-km buffer zone for protected areas to act as a “shock absorber” in 2022
However, the Centre and several States, including Kerala, had returned to the court
They seek modification of the June 2022 judgement saying that the judicial direction affected hundreds of villages on the peripheries of forests.

A Bench led by Justice B.R. Gavai reasoned that ESZ cannot be uniform across the country and has to be “protected area-specific”.
The court said “the purpose of declaring ESZs is not to hamper the day-to-day activities of the citizens.
If the direction as issued is continued, it would certainly hamper the day-to-day activities of the citizens residing in ESZs.
The court said a stringent observance of the June 2022 judgement would cause more harm than good.
For one, man-animal conflict would only increase rather than abate.
However, the court made it clear 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”.