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2023 Supreme(SC) 749

SUPREME COURT OF INDIA
B.R. GAVAI, VIKRAM NATH, JJ.
In Re: T.N. Godavarman Thirumulpad – Petitioner
Versus
Union of India and Others – Respondents
I.A. No. 3949 of 2016, Writ Petition (C) No. 202 of 1995
Decided On : 28-04-2023

Important Points

Mining is prohibited within the Eco-Sensitive Zone (ESZ) of Protected Areas, regardless of whether the activity is beyond one kilometer from the boundary. The one-kilometer ban ensures a minimum protection buffer even in cases where the notified ESZ is smaller than one kilometer.

Subject

Environmental Law - Conservation

Act Referred

Headnote

MINING - Environmental Protection - Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; Wildlife (Protection) Act, 1972 - The court clarified the position on mining activities in Eco-Sensitive Zones (ESZ) and Protected Areas. It emphasized that mining within one kilometer from the boundary of National Parks and Wildlife Sanctuaries is prohibited pan-India. The judgment also highlighted the strict adherence to guidelines and ESZ notifications regarding prohibited and regulated activities. The court's decision was influenced by the provisions of the Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, and Wildlife (Protection) Act, 1972.

Fact of the Case:

The applicant sought clarification on whether mining activities would be permissible beyond one kilometer from the boundary of a Protected Area falling under an Eco-Sensitive Zone.

Finding of the Court:

The court clarified that mining within one kilometer from the boundary of National Parks and Wildlife Sanctuaries is prohibited pan-India. It emphasized strict adherence to guidelines and ESZ notifications regarding prohibited and regulated activities.

Issues:

Clarification on permissibility of mining activities beyond one kilometer from the boundary of a Protected Area in an Eco-Sensitive Zone.

Ratio Decidendi:

Mining within one kilometer from the boundary of National Parks and Wildlife Sanctuaries is prohibited pan-India. Strict adherence to guidelines and ESZ notifications regarding prohibited and regulated activities is required.

Final Decision:

The application seeking permission for mining activities beyond one kilometer from the boundary of a Protected Area in an Eco-Sensitive Zone was rejected.

Legal Category Hierarchy

  • environmental law
    • wildlife protection
      • eco-sensitive zones

Table of Contents

1. Clarification sought regarding permissibility of mining activities beyond one kilometer from a Protected Area boundary when such area falls within a notified Eco-Sensitive Zone. (Para 1 , 2 , 3 , 4 )

2. Applicant contends mining beyond one kilometer from a Protected Area boundary is permissible within an Eco-Sensitive Zone; opponents argue this misinterprets the court's directions. (Para 5 , 6 , 7 , 8 )

3. The court observed that the one-kilometer ban is a minimum requirement and does not override prohibitions on commercial mining established by Eco-Sensitive Zone guidelines and notifications. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 25 , 26 )

4. Mining prohibited by Eco-Sensitive Zone guidelines or notifications remains prohibited even if the activity is located beyond one kilometer from the Protected Area boundary. (Para 22 , 23 , 24 )

5. Application rejected. (Para 27 )

6. Is mining permissible within an Eco-Sensitive Zone if it is located more than one kilometer from the boundary of a Protected Area?

No. Mining prohibited by the 2011 Guidelines or specific ESZ notifications is strictly prohibited, regardless of whether the area falls beyond one kilometer from the Protected Area boundary. (Para 22 , 23 )

7. How does the one-kilometer mining ban interact with Eco-Sensitive Zones that are narrower than one kilometer?

In cases where the ESZ boundary is less than one kilometer from the Protected Area, the ban on mining extends beyond the ESZ to cover a full distance of one kilometer. (Para 11 , 12 , 24 )

8. What guidelines and notifications must be followed regarding activities within Eco-Sensitive Zones?

The MoEF and State/Union Territory Governments must strictly follow the Guidelines dated 9th February 2011 and the specific ESZ notifications pertaining to the respective Protected Areas. (Para 13 , 14 , 15 )

JUDGMENT :

B.R. GAVAI, J.

1. When we pronounced our judgment in I.A. No. 131377 of 2022 along with connected applications in Writ Petition (Civil) No. 202 of 1995 on 26th April 2023, we did not anticipate that within a few days, we would be called upon to clarify the position as to whether mining activities would be permissible beyond the distance of one kilometer from the boundary of the Protected Area, irrespective of the fact that such an area falls under the Eco-Sensitive Zone (in short “ESZ”) notified by the Ministry of Environment, Forest and Climate Change (“MoEF” for short).

2. We are grateful to the applicant in the present application for giving us this opportunity to clarify this position so that further environmental damage is avoided.

3. The case of the applicant, in brief, is that the applicant was granted permission to execute a mining lease as early as in 2005, subject to clearance from MoEF as well as the National Board for Wild Life.

4. Shri Ranjit Kumar, learned senior counsel appearing for the applicant, submits that the area where the applicant proposes to carry out the activity is beyond 2.26 kilometer from the nearest boundary of the Radhanagari Wildlife Sanctuary. It is, therefore, submitted that it falls beyond a distance of one kilometer from the boundary of the Protected Area.

5. Mr. Ranjit Kumar, learned senior counsel, therefore, relying on our judgment dated 26th April 2023 passed in in I.A. No. 131377 of 2022 along with connected applications in Writ Petition (Civil) No. 202 of 1995, the ink of which is yet to dry, submits that, since mining is proposed to be carried out beyond a distance of one kilometer from the boundary of Protected Area, it would very much be permitted.

6. Learned senior counsel submits that this Court has clearly held that mining within a distance of one kilometer from the boundary of the Protected Area is banned. He submits that, however, the judgment does not prohibit mining activities even in ESZ, which is a buffer area, if it extends beyond a distance of one kilometer from the boundary of the Protected Area.

7. He, however, submits that this would be subject to permission from the Standing Committee of National Board for Wild Life (in short “SCNBWL”), which admittedly, has granted permission.

8. Mr. Balbir Singh, learned Additional Solicitor General appearing for the Union of India as well as Mr. A.D.N. Rao, learned Amicus Curiae have vehemently opposed this prayer and they submit that the contention of the applicant is based on a misreading of the directions issued by this Court.

9. We find that the directions issued in paragraph 65 of the judgment of this Court delivered on 26th April 2023 are very much clear. It reads thus:

“65. We also modify the direction contained in paragraph 56.4 of the order dated 3rd June, 2022 (Supra) and direct that mining within the National Park and Wildlife Sanctuary and within an area of one kilometre from the boundary of such National Park and Wild Life Sanctuary shall not be permissible.”

10. The perusal of the above para would reveal that the directions, which were issued by this Court earlier for prohibiting mining activities within a distance of one kilometer from the boundary of such National Parks and Wildlife Sanctuaries only insofar as the State of Goa was concerned, has been made applicable pan-India.

11. The aforesaid question arose since in case of some of the National Parks and Wildlife Sanctuaries, the ESZ areas are less than one kilometer. In some, it is as less as 500 meters and in some others, it is even less than 500 meters.

12. We, therefore, clarified that even in case where the ESZ boundaries are less than one kilometer from the Protected Area, the ban on mining shall extend upto a distance of one kilometer from the boundary of such areas.

13. It will further be relevant to refer to paragraph 66.1 of our judgment dated 26th April, 2023, which reads thus:

“66(i) The MoEF & CC and all the State/Union Territory Governments shall strictl

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