New Delhi: The Supreme Court on Thursday indicated that it might relax the stringent restrictions in the Eco Sensitive Zone(ESZ) of 1 km which are mandatory near the protected forests and wildlife sanctuaries. Back in June 2022 the apex court had ordered restrictions and prohibited the construction of permanent structures and mining activities in the ESZ area.
Challenging that order the Union Ministry of Environment, Forest and Climate Change and several state governments had filed applications contending on various grounds. On Thursday the bench comprising Justice BR Gavai, Justice Vikram Nath, and Justice Sanjay Karol observed, "Prime facie, we are inclined to allow this modification application".
The Central government represented by ASG Aishwarya Bhati argued before the court that one size fits all order throughout the country has led to many practical difficulties and the Centre wants amendment of two conditions. One, rule requiring ongoing non banned activities shall be continued only if the Principal Chief Conservator of Forest sanctions, and second, a rule banning the construction of any new permanent structure within the ESZ.
"Our request is site specificity. The prayer is that the order be modified for 3 cateogaries namely where ESZ notification has been issued, where a draft notification has been promulgated, and where proposals have been recieved," submitted ASG Bhati.
The state of Kerela submitted before the court that almost 30% of the state's geographical area has forest cover and several towns overlap with forest areas. Sr Adv Jaideep Gupta, appearing for the state, argued that human habitation is very common in the immediate vicinity of boundaries of forest areas and these areas have several residential and commercial establishments so a blanket ban on the activities will adversely impact the lives and livelihoods of the people there.
"There is no scope for resettlement of these people. In some states it may be possible, but this is not a state where resettlement is possible because every inch has been taken by human inhabitation," said Adv Gupta.
Adv K Parameshwar who is the amicus curie in the case also said that stringent restrictions have led to many difficulties and increases in litigations against it. The court after hearing the matter for a brief time adjourned it, also indicating that it might relax some restrictions.
