The court has the authority to direct the declaration of Eco Sensitive Zones around National Parks and Wildlife Sanctuaries in the absence of effective action by the State Governments.

ORDER :

1. The learned ASG has informed us that there are 104 National Parks and 558 Wildlife Sanctuaries making a total of 662 National Parks and Wildlife Sanctuaries in the country.

2. The proposals for declaring areas around these National Parks and Wildlife Sanctuaries as Eco Sensitive Zone have been received from State Governments/UT Administrations for 641 National Parks and Wildlife Sanctuaries. No proposals have been received in respect of 21 National Parks and Wildlife Sanctuaries.

3. The proposals have been accepted and Notification has been issued in respect of 289 National Parks and Wildlife Sanctuaries as on 26.11.2018 and draft Notification has been prepared in respect of 206 National Parks and Wildlife Sanctuaries.

4. The declaration with regard to Eco Sensitive Zone is under process with the Ministry of Environment, Forests and Climate Change (MoEF) as well as with the State Governments in respect of 146 National Parks and Wildlife Sanctuaries.

5. We expect the Ministry of Environment, Forests and Climate Change to actively pursue the preparation of the draft Notification and to issue a final Notification at the earliest.

6. The proposals for 21 National Parks and Wildlife Sanctuaries in respect of which proposals have not yet been received by the MOEF are as follows:

ASSAM

1. Pobitora Sanctuary

JAMMU AND KASHMIR

2. Hemis High Altitude National Park

3. Kishtewar National Park

4. Changthang Sanctuary

5. Hokersar Sanctuary

6. Trikuta Sanctuary

KARNATAKA

7. Jogimatti Sanctuary

8. Thimlapura Sanctuary

9. Yadahalli Chinkara Sanctuary

MAHARASHTRA

10. Deolgaon Rehekuri Sanctuary

11. Thane Creek Flamingo Sanctuary

12. Malvan Marine Sanctuary

MANIPUR

13. Siroi National Park

14. Khongjaingamba Ching Sanctuary

MEGHALAYA

15. Baghmara Pitcher Plant Sanctuary

NAGALAND

16. Fakim Sanctuary

17. Puliebadze Sanctuary

18. Rangapahar Sanctuary

UTTAR PRADESH

19. Dr. Bhimrao Ambedkar Bird Sanctuary

20. Pilibhit Sanctuary

WEST BENGAL

21. Jorepokhri Sanctuary

7. It is submitted by the learned Amicus that this issue has been pending since sometime in December, 2006. 12 years have gone-by but no effective steps have been taken by the State Governments in respect of the National Parks and Wildlife Sanctuaries mentioned above.

8. Under the circumstances, we direct that an area of 10 Kms around these 21 National Parks and Wildlife Sanctuaries be declared as Eco Sensitive Zone by the MoEF. The declaration be made by the MoEF at the earliest.

9. Liberty is granted to the State Governments to move an application for modification of this order along with proposal only two weeks after submission of the proposals to the MoEF.

10. List the matters at the end of February, 2019.

11. In the meanwhile, interim order to continue.

I.A. NOS. 176-177 IN WRIT PETITION (C) No. 460/2004

[APPLICATIONS FOR IMPLEADMENT AND DIRECTIONS]

12. No one is present on behalf of the applicant.

13. The applications are dismissed.