Lok Sabha Question No. 229 (STARRED), answered on 2017-08-01
Subject: Eco-Sensitive Zones
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: KALIKESH NARAYAN SINGH DEO

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA STARRED QUESTION NO. *229

TO BE ANSWERED ON 01.08.2017

## Eco- Sensitive Zones

## *229.    SHRI KALIKESH N. SINGH DEO:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether the  Supreme Court had issued directives  for  creation  of Eco-Sensitive Zones around National Parks and had also specified certain conditions in this regard;
- (b) if so, the details thereof;
- (c) whether  the  Government  has  taken  steps  to  ensure/maintain  the  sanctity  of  EcoSensitive Zones around National parks and if so, the details thereof; and
- (d) whether  permission  is  required  to  be  taken  to  alter  or  terminate  water  bodies  or watersheds around Eco-Sensitive Zones and if so, the details thereof?

## ANSWER

MINISTER FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE (DR. HARSH VARDHAN)

(a),(b),(c) and (d) A Statement is laid on the Table of the House.

***

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO *229 REGARDING 'ECO-SENSITIVE ZONES' BY SHRI KALIKESH N. SINGH DEO DUE FOR REPLY ON 01.08.2017.

- (a)  and (b) Yes,  Sir. Hon'ble Supreme Court had issued directives for creation  of  EcoSensitive Zones around National Parks.

While hearing the Writ Petition No. 460/2004, on 4 th December 2006, Hon'ble Court  had  directed  the  Ministry  of  Environment  and  Forests  to  give  a  final opportunity  to  all  States/Union  Territories  to  respond  to  the  letter  dated 27.5.2005.

The  Ministry  of  Environment  and  Forest  had  vide  letter  dated  27.5.2005, communicated the decision of the National Board for Wildlife of 17 th March 2005 and had requested for submission of site specific proposals for declaration of Eco-Sensitive Zones around National Park and Sanctuaries.

Hon'ble Court had also mentioned the following in the said order:

- (i) If  the  proposals  are  not  received  within  a  period  of    four  weeks  of communication  from  the  Ministry,  the  Court  may  have  to  consider passing  orders  for  implementation  of  the  decision  that  was  taken  on 21 st January, 2002, namely, notification of the areas within 10 km. of the boundaries of the Sanctuaries and National Parks as eco-sensitive areas with a view to conserve the forest, wildlife and environment.
- (ii) The MoEF would also refer to the Standing Committee of the National Board for Wildlife, under Sections 5(b) and 5(c) (ii) of the Wild Life (Protection)  Act,  the  cases  where  environment  clearance  has  already been granted where activities are within 10 km. zone.
- (c) The  important  steps  to  ensure/maintain  the  sanctity  of  Eco-Sensitive  Zones around National parks include:
- (i) In pursuance of the said order, the Ministry of Environment and Forest issued  an  Office  Memorandum  No.  J-11013/41/2006-IA.  II(I)    dated 2 nd December  2009  stipulating  that  while  granting  environmental clearance  to  projects  located  within  10  km  of  National  Parks  and Sanctuary, a specific condition shall be stipulated that the environmental  clearance  is  subject  to  their  obtaining  prior  clearance from Standing Committee of National Board for Wildlife.
- (ii) In 2011, the Ministry prepared guidelines for facilitating submission of proposals.
- (iii)The  Eco-Sensitive  Zone  (ESZ)  Notifications  are  issued  under  the Environment (Protection) Act, 1986 and contains Permitted; Regulated and Prohibited activities.
- (iv) The activities  in  the  ESZ  are  monitored  by  a  Monitoring  Committee, chaired by the District Collector as the chairman and the DCF of the concerned National Park/Sanctuary as the Member Secretary.
- (d) All  activities  in  the  Eco  sensitive  Zone  are  governed  as  per  the  provisions contained in the Notification.

Activities  for altering or terminating water bodies or water sheds around ecosensitive  zones  are  governed  by  provisions  of  the  Environment  (Protection) Act, 1986 and the rules made there under. Other applicable laws including the Forest (Conservation) Act, 1980 are also applicable.