Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 316

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.M. SUNDRESH, S. ANANTHI, JJ.
Black Rock Hill Planters Association, Rep. by its Secretary, P. Lalaji, Kanyakumari – Appellant
Versus
The Union of India, Rep. by its Secretary, Union Ministry of Environment, Forest & Climate Change, New Delhi & Others – Respondent
W.P. (MD) Nos. 925 of 2021, 11982, 17277 & 17415 of 2020 & W.M.P. (MD) Nos. 783 & 784, 1144 & 2373 of 2021 & 10326, 10328, 10329, 14465, 14467, 14555 & 14558 of 2020
Decided On : 26-03-2021

Advocates Appeared:
For the Petitioner:P.R. Raman, Senior Counsel, T. Lajapathi Roy, P. Puhazh Gandhi, G.V. Vairam Santhosh, Advocates.
For the Respondents:R1 & R2, L. Victoria Gowri, Assistant Solicitor General of India, R3 to R5, Sricharan Rengarajan, Additional Advocate General Assisted by K.P. Krishnadoss, Special Government Pleader, R6, Su. Srinivasan Standing Counsel, R7, AR. L. Sundaresan, C. Seethapathy, AL. Gandhimathi, Senior Counsels, R8, Isaac Mohanlal, Senior Counsel, M/s. Isaac Chambers, Advocates.

Point of Law: ''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.

Headnote:
Constitution of India, 1950 – Article 226 – Wild Life (Protection) Act – Section 5 – Declaration of petitioners' Villages as ''Zero Meter'' Eco-sensitive Zone – Issuance of a Writ of Certiorarified Mandamus – Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Gazette Notification on the file of respondent No.1, quash the same as illegal and consequently, direct the respondents to consider the objections submitted by the petitioners Association, and pass orders within the time frame to be stipulated by this Court –
Finding of the Court: Court do not find absolutely any reason to interfere with the publication of the final Notification. Perhaps, one may have a grievance to the Zonal Master Plan. – Said stage has not come. – Notification itself takes care of all contingencies. – It involves a consultation process at the time of publication of the Zonal Master Plan for Eco-sensitive Zone. – It further provides for a Monitoring Committee for Monitoring the Eco-sensitive Zone Notification. – A specific reference could be seen under Clauses 5 and 6. – Apprehension of the petitioners does not have any legal or factual basis. – Implementation is after a prolonged thought process and a procedure, involving further discussion and deliberation on various suggestions, intended to protect the sensitive ecology of the Country. –
Result: Writ Petitions Dismissed

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Gazette Notification in CG-DLE- 23.09.2020-221903, dated 22.09.2020, on the file of respondent No.1, quash the same as illegal and consequently, direct the respondents to consider the objections submitted by the petitioners Association, dated 21.07.2020 and pass orders within the time frame to be stipulated by this Court.)

Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records of Notification gazetted and published on 20.02.2020, by the first respondent, bearing S.O.No.795(E) and consequential report of the Expert Committee, dated 24.06.2020, consists of second respondent, pertaining to the declaration of petitioners' Villages viz., Pazhavoor, Karunkulam and Levinchipuram Villages of Radhapuram Taluk in Tirunelveli District as Kanniyakumari Wildlife Sanctuary Eco-sensitive Zone, quash the same and consequently, direct the respondents to retain the petitioners' Villages viz., Pazhavoor, Karunkulam and Levinchipuram Villages of Radhapuram Taluk in Tirunelveli District as ''Zero Meter'' Eco-sensitive Zone.

Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorari, calling for records pertaining to Gazette Notification, dated 22.09.2020 in CG-DL-E-23.09.2020-22193 and quash the same.

Common Order :

M.M. Sundresh, J.

1. W.P.(MD)No.11982 of 2020 has been filed challenging the draft Notification of the Ministry of Environment, Forest and Climate Change, New Delhi, while W.P.(MD) Nos.17277 and 17415 of 2020 and 925 of 2021 are filed laying a challenge to the final Notification. Accordingly, all of them are taken up and disposed of by this common order.

2. Kanniyakumari Wildlife Sanctuary forms part of the Western Ghats housing a minimum of 40 types of mammals, 120 species of birds, including 14 species of migratory birds and rich diversity of fishes, reptiles and amphibians and there are more than 2272 species of flowering plants recorded here apart from 62 species of orchids and 91 species of ferns with the existence of animals like Asian Elephant, Indian Gaur, Sambar Deer, Wild Boar, Wild Dog, Tiger, Leopard etc., Thus, the bio-diversity of the area is rather rich. Kanniyakumari District is unique, as it is sandwiched between the sea and the forest with the human population in between.

3. Indian Board of Wildlife in its Wildlife Conservation Strategy-2002, contemplated Eco-fragile Zone. Accordingly, Eco-sensitive Zones are perceived under the National Environment Policy, 2006 and Eco-sensitive Zone is meant to create some kind of ''Shock Absorber'' to stand between human population and the forest to maintain the Eco-system. Hence, it acts as a transition zone giving protection to areas involving lesser protection. The Hon'ble Apex Court in Goa Foundation v. Union of India [(2014) 6 SCC 590] directed the stakeholders to look into the said aspect while clarifying the fixation of 10 Kms. from the boundaries of National Parks and Wildlife Sanctuaries. The following paragraphs will be apposite:

''50. When, however, we read the order dated 4.12.2006 of this Court in Writ Petition (C) No.460 of 2004 Goa Foundation v. Union of India [(2011) 15 SCC 79], we find that the Court has not prohibited any mining activity within 10 kilometer distance from the boundaries of the National Parks or Wildlife Sanctuaries. The relevant portion of the order

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2021 Supreme(Mad) 316

Point of Law: ''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.

Cases Referred (1)