Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Eco-sensitive Zone Declaration - The Sariska Tiger Reserve's eco-sensitive zone has not been officially notified by the Ministry of Environment, Forest and Climate Change (MoEF). Multiple reports confirm that despite the area being within the zone's proposed boundary, no final notification has been issued yet. This has led to ongoing issues such as illegal mining and construction activities near the reserve, with forest authorities preventing certain developments like mineral water plants in the interim ["2021 Supreme(Online)(NGT) 966"], ["MUKESH SHARMA VS RAJASTHAN - National Green Tribunal"], ["2022 Supreme(Online)(NGT) 126"].
Status of Notification - The final notification for Sariska's eco-sensitive zone remains pending, which complicates regulatory enforcement and conservation efforts. Without official notification, activities within the proposed zone are not fully regulated under the Eco-sensitive Zone guidelines, leading to illegal activities and conflicts with conservation objectives ["2021 Supreme(Online)(NGT) 966"], ["MUKESH SHARMA VS RAJASTHAN - National Green Tribunal"], ["2022 Supreme(Online)(NGT) 126"].
Other Tiger Reserves and Eco-sensitive Zones - Similar patterns are observed in other reserves like Satpura and Kaziranga, where eco-sensitive zones have been notified or proposed, but enforcement and activities are still regulated by notifications issued in 2017 or proposals under examination. Construction, expansion, and commercial activities within these zones are discouraged or regulated to protect tiger habitats, but final notifications are crucial for legal clarity ["2025 Supreme(Online)(NGT) 504"], ["2024 Supreme(Online)(NGT) 4553"], ["2024 Supreme(Online)(NGT) 5516"].
Analysis and Conclusion:The prevention of mineral water plant construction in the Sariska Tiger Reserve area by forest authorities is consistent with the ongoing efforts to protect the tiger habitat, even though the official eco-sensitive zone has not yet been formally notified by the MoEF. The lack of final notification hampers strict regulatory enforcement, but interim measures by forest authorities aim to safeguard the reserve. Once the eco-sensitive zone is officially declared, stricter controls and approvals will be enforced, aligning with conservation laws and Supreme Court directives.
In India's push to balance development and conservation, (ESZs) around protected areas like tiger reserves play a crucial role. But what happens when forest authorities halt a mineral water plant construction claiming it's in an , yet no official declaration exists? This scenario raises a vital question: On the Name of Eco Sensitive Zone Construction of Mineral Water Plant was Prevented by Forest Authorities being it is a Tiger Reserve but so Far no Eco Sensitive Zone was Declared.
This blog delves into the legal nuances, drawing from key judgments and guidelines. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your situation.
ESZs are buffer areas around national parks, wildlife sanctuaries, and tiger reserves designed to safeguard fragile ecosystems. Governed by the (EPA), particularly , these zones regulate activities like construction to prevent environmental degradation. 2022 3 Supreme 342
The Central Government, via the (), notifies ESZs through official gazette publications after stakeholder consultations. Guidelines emphasize that only notified ESZs carry legal weight for imposing restrictions. 2022 5 Supreme 477
A pivotal finding is that construction within a purported cannot be prohibited without an official notification. Without it, authorities lack statutory backing to intervene. The legal effect of notifications is binding and confers authority to regulate or prohibit certain activities. 2022 3 Supreme 342
In the discussed case, forest authorities blocked the mineral water plant citing its location in a tiger reserve's . However, no formal declaration was made. If no official notification declaring an area as an has been issued, then restrictions based on the status are not legally enforceable. 2022 3 Supreme 342
This aligns with procedural mandates under the EPA. Notifications ensure transparency and due process, as seen in the Sukhna Wildlife Sanctuary's notification covering 1050 hectares— a prerequisite absent here. 2022 3 Supreme 342
Tiger reserves, under the , have core and buffer zones with stringent protections. Yet, status adds another layer, requiring separate notification. In the mineral water plant instance, the absence of gazette notice rendered the prevention order unsustainable.
Courts have reiterated: The declaration of 'ESZs' is governed by the Environment 'Protection' Act, 1986, specifically Section 3(1) and (3). Powers under these sections activate only post-notification. 2022 3 Supreme 342
Several (NGT) and rulings reinforce notification's primacy, especially in tiger reserves:
In a Sariska Tiger Reserve case, the area was explicitly within a notified , triggering restrictions: the area in question was within Eco-sensitive Zone of the Sariska Tiger Reserve/ Sanctuary.
Airstrip expansions in ESZs near tiger reserves were halted for lacking clearances, but only because notifications existed: the airstrip expansion lies within the eco-sensitive zone around a tiger reserve. 2025 Supreme(Online)(NGT) 438
Satpura Tiger Reserve airstrip case: Expansion violated notified rules under Wildlife Act and Notification dated , leading to cessation orders. 2025 Supreme(Online)(NGT) 419 2025 Supreme(Online)(NGT) 294
Contrastingly, where proposals are pending but unnotified, restrictions don't apply automatically. For Amchang Wildlife Sanctuary, cement units weren't closed despite proximity, as no full notification barred existing activities: proposal for notifying eco-sensitive zone... has not yet been notified. 2019 0 Supreme(Gau) 1251
In Gir Wildlife Sanctuary's , mining halted only after finalization and locking of leases, underscoring enforcement post-declaration. 2020 0 Supreme(Guj) 270
These cases highlight: Notified ESZs mandate wildlife clearances (e.g., / under , ), but unnotified areas rely on general laws. 2025 Supreme(Online)(NGT) 438
Exceptions apply strictly to notified ESZs:- Prohibitions on commercial activities like new plants, expansions, or mining.- Permitted activities (e.g., ongoing agriculture) continue per notification terms. 2021 0 Supreme(Mad) 316
Without notification, actions are not legally sustainable, violating . Courts direct verification before halts. 2022 3 Supreme 342
To navigate such disputes:- Verify Status: Check gazette or state portals for notifications before starting projects.- Seek Clearances: Even outside ESZs, obtain EIA, forest, or wildlife nods if near reserves.- Challenge Illegally: If halted sans notification, approach NGT/ citing EPA requirements.- Authorities' Duty: Base interventions on notified zones; informal claims insufficient. 2022 5 Supreme 477
In zero-meter ESZs (e.g., Kanniyakumari), notifications clarify no blanket bans on existing uses. 2021 0 Supreme(Mad) 316
Developers facing similar blocks should prioritize documentation. Authorities must adhere to statutes for credible conservation.
This framework promotes sustainable growth while protecting ecology. For tailored advice, engage environmental law experts.
#EcoSensitiveZone #ESZNotification #EnvironmentalLaw
It was noted that the area in question was within Eco-sensitive Zone of the Sariska Tiger Reserve/ Sanctuary and the Eco-sensitive Zone of the Sariska Tiger Reserve/Sanctuary. ... of Eco-sensitive zone for Sariska Tiger Reserve/....
It was noted that the area in question was within Eco-sensitive Zone of the Sariska Tiger Reserve/ Sanctuary and the Eco-sensitive Zone of the Sariska Tiger Reserve/Sanctuary. ... The annexure to the report is an action taken report by Member Secretary, Forest Conservation and Director, Sa....
The annexure to the report is an action taken report by Member Secretary, Forest Conservation and Director, Sariska Tiger Reserve, Alwar to the effect that eco sensitive zone of Sariska Tiger Reserve has not been notified yet. 157 mines exist within 10 km. of the said Tiger Reserve. ... Accordingly, DCF, Sariska #HL_....
The extent of Eco-Sensitive Zone varies from zero (due to Inter-State boundary and also the Pench Tiger Reserve, Madhya Pradesh contiguous to Pench Tiger Reserve, Maharashtra on Zone (herein after in this notification referred to as the Eco- sensitive Zone) details of which are as under, name....
Reserve falling in the eco-sensitive zone (ESZ), i.e.. ... within the eco-sensitive zone. ... In view of the above discussion, regulations and law laid down by Hon’ble Supreme Court of India in different matters with regard to construction of airstrips in eco-sensitive zone or tiger#HL_END....
Reserve falling in the eco-sensitive zone (ESZ), i.e.. ... In view of the above discussion, regulations and law laid down by Hon’ble Supreme Court of India in different matters with regard to construction of airstrips in eco-sensitive zone or tiger reserve, the Satpura Tiger Reserve#HL_END....
Reserve falling in the eco-sensitive zone (ESZ), i.e.. ... within the eco-sensitive zone. ... In view of the above discussion, regulations and law laid down by Hon’ble Supreme Court of India in different matters with regard to construction of airstrips in eco-sensitive zone or tiger#HL_END....
As regards the Eco-Sensitive Zone around the Kaziranga Tiger Reserve, the stand of the Ministry is that the proposal for declaration of the Eco-Sensitive Zone around the Kaziranga Tiger Reserve has been received in the Ministry and is under examination. 9. ... The area is within the proposed Integrated Eco#....
Reserve falling in the eco-sensitive zone (ESZ), i.e.. ... In view of the above discussion, regulations and law laid down by Hon’ble Supreme Court of India in different matters with regard to construction of airstrips in eco-sensitive zone or tiger reserve, the Satpura Tiger Reserve#HL_END....
Reserve falling in the eco-sensitive zone (ESZ), i.e.. ... In view of the above discussion, regulations and law laid down by Hon’ble Supreme Court of India in different matters with regard to construction of airstrips in eco-sensitive zone or tiger reserve, the Satpura Tiger Reserve#HL_END....
xi) S.0. 1545(E), (25/06/2009), Mount Abu as Eco-sensitive Zone. xii) S.0. 1260(E), (31/05/2012) Girnar Reserve Forest as Eco-sensitive Zone.
On a perusal, we find that clear extent has been given at various directions of protective areas. Extent and boundaries of Eco-sensitive Zone. – (1) The Eco-sensitive Zone shall be to an extent of 0 (zero) to 3.0 kilometres around the boundary of Kanniyakumari Wildlife Sanctuary and the area of the Eco-sensitive Zone is 117.7772 square kilometres. It is absolutely wrong to state that the ongoing agricultural operations and other activities will be put on hold. Zero ....
As was held by this Court in M.C. Mehta v. Union of India and Ors., 1997 (3) SCC 715 the “Precautionary Principle” has been accepted as a part of the law of our land. 40. Furthermore, since the impugned decision of the High Court, the Ministry of Environment, Forest and Climate Change vide its Notification S.O. 4498(E) dated 13.12.2019 has declared the entire area in question and adjoining areas around the Mudumalai Tiger Reserve as an Eco-Sensitive Zone. Under this Notificat....
It is, however, stated by the Forest Department that it is part of the proposed Eco Sensitive Zone. I further say and submit that, pursuant to the order passed by this Hon'ble Court, immediately on 07.05.2015 the All Time Royalty Pass, i.e. ATR of all 67 mining query lease had been locked by the concerned authority and Rojkam to that effect was prepared. The said affidavit indicates that the land which is concerned in this petition is not within the boundary of the reserved a....
It is stated that proposal for notifying eco-sensitive zone for Amchang Wildlife Sanctuary was already forwarded to the Government of India, but eco-sensitive zone has not yet been notified. A reference has been made to order dated 4.12.2006, passed in WP(C) No. 460/2004, where Supreme Court had directed that in case of a project requiring environmental clearance is located within eco-sensitive zone around a Wildlife Sanctuary or National Park or in the absence of any delinea....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
