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MoEF leaves the ball in Maharashtra governments's court to decide eco-sensitive zones

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In 2002 MoEF had declared a 10km area outside national parks as ESZ
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The Union Ministry of Environment and Forests (MoEF) has decided to leave it on state governments to decide on eco-sensitive zones (ESZ) outside 600 wildlife sanctuaries and national parks across India. Once ESZs are notified, the developmental and commercial activities in that area would be regulated.

The move, a result of being repeatedly pulled up by Supreme Court, is a clear signal that MoEF does not want to antagonise state governments by making 10 km radius mandatory ESZs outside protected areas as originally envisaged in 2002 during former NDA government's rule.

The apex court in Dec 2006 had asked MoEF to give a final opportunity to all states governments and union territories to send them proposals of ESZs within four weeks. It was also directed that all cases where environmental clearances were granted or where activities are within 10 km zone from protected areas be referred to Standing Committee of National Board for Wild Life.

But the issue has been pending since then without much movement from state governments even after repeated reminders from environment ministry. Later, in 2012, the Supreme Court appointed Central Empowered Committee (CEC) advocated ESZs ranging from 100 meters to two kilometre.

The environment ministry, however, now wants to leave it open ended and site-specific for the states. Last week, MoEF filed an affidavit in the apex court wherein it brushes aside CEC's suggestions and informs SC that they prefer declaration of ESZs around wildlife sanctuaries and national parks to be site-specific rather than imposing a limit from their end.

However, a senior MoEF official while defending the affidavit filed in SC of going site specific on ESZs, said, "Our experience over the period of years shows that one size can't fit all as several national parks have human habitations in their close vicinity and thus it would not be right to have a mandatory 10 km area around such parks as ESZs".

Sources, however, said state governments are not interested in declaring 10 km ESZs at all.

"Leave aside 10 km ESZ's, some state governments - especially smaller states - does not want to notify ESZs at all. They believe their development would come to a halt and they would be forced to depend on National Board for Wildlife. Thus MoEF is against CEC's proposal which was making two km ESZ mandatory. It basically does not want to antagonise state governments and that is why has left it on states," sources said.

The ongoing case is expected to come up for hearing in the next couple of weeks.

The main motive behind declaring ESZs is to create a kind of shock absorber for protected areas and also act like transition zone areas. The original wildlife conservation strategy of 2002 envisaged declaration of an area within 10 km radius of wildlife sanctuaries and parks as ESZs where construction or mining activities would be regulated.

But there has been repeated controversies over years, including several in the recent past, regarding unregulated mushrooming of real estate projects or tourism facilities within a few kilometre distance from such protected areas.

For instance, the case of numerous real estate projects coming up in Uttar Pradesh at a stone's throw away distance from Okhla Bird Sanctuary is going on in National Green Tribunal right now.

Meanwhile, over the years, MoEF has pursued the matter with state governments and in Feb 2011 MoEF issued guidelines for declaration of ESZs around national parks and wildlife sanctuaries because of slow response from states.

Total National Parks and Sanctuaries – 629 (102 National Parks and 527 wildlife sanctuaries)

Total proposals for ESZ received from State governments and Union Territories – 416

Total number of finally notified ESZs –8

Number of draft preliminary notifications issued – 15

Number of proposals in advance stage of issuance of draft notification – 70

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