'Even Kerala HC Falls Within Buffer Zone' : Kerala Govt Seeks Relaxation Of ESZ Mandate; Supreme Court Agrees To Consider On Jan 16
“Even the Kerala High Court is within one kilometre of the Mangalavanam bird sanctuary,” Senior Advocate Jaideep Gupta informed the Supreme Court on Wednesday, while seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) on behalf of the state government. A Division Bench comprising Justices B.R. Gavai...
“Even the Kerala High Court is within one kilometre of the Mangalavanam bird sanctuary,” Senior Advocate Jaideep Gupta informed the Supreme Court on Wednesday, while seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) on behalf of the state government. A Division Bench comprising Justices B.R. Gavai and M.M. Sundresh agreed to hear the application on Monday, January 16, along with similar pleas filed by, inter alia, the state of Tamil Nadu and another application moved by Advocate V.K. Biju, on behalf of persons affected by the rule.
Earlier, in August, the Kerala government filed a review petition against the June 2022 order of the Supreme Court. Justice Gavai said that the review can be considered only by a bench having the same strength as the bench which passed the judgment - a three judge bench.
“That is why, we have filed an IA in this matter,” Gupta explained, “A notification demarcating 17 areas was under consideration when the judgement was delivered. But, finally, in the light of the judgement, it was not notified.”
The Division Bench was hearing a batch of interlocutory applications filed in the T.N. Godavarman Thirumulpad case, an omnibus forest protection matter in which the top court issued the longest standing continuing mandamus in the field of environmental litigation. In 2002, a Central Empowered Committee (CEC) was also constituted for monitoring the implementation of the court’s orders and bringing to its attention, incidents of non-compliance. One of the most significant rulings in the case came in June, 2022, when a three-Judge Bench led by Justice L. Nageswara Rao, mandated the creation of ecologically sensitive zones of one kilometre around wildlife sanctuaries and national parks.
The court, however, observed that a one kilometre-wide ‘no development zone’ might not be feasible in all cases. Justice Aniruddha Bose wrote, “Uniform Guidelines may not be possible in respect of each sanctuary or national parks for maintaining ecologically sensitive zones. However, a minimum width of one-kilometre ESZ ought to be maintained in respect of the protected forests, which forms part of the recommendations of the CEC in relation to Category-B protected forests. This would be the standard formula, subject to changes in special circumstances.” An exception was engrafted on the general formula for, inter alia, Sanjay Gandhi National Park in Mumbai, owing to the protected forest being located in close proximity to the urban centre. This was further clarified in a subsequent order in September, in which the court held that the ‘one-kilometre ESZ’ rule would apply neither to Sanjay Gandhi National Park, nor to Thane Creek Flamingo Sanctuary after noting that separate notifications had already been issued with respect to both these protected forests.
Justice Gavai said today, in response to Gupta’s plea for relaxation of the rule, “The same analogy as the three-Judge Bench’s order in the Sanjay Gandhi National Park and Flamingo Sanctuary would apply here.” The difficulty, amicus curiae, K. Parameshwar explained, was that, unlike the Maharashtra cases, final notifications had not been issued in Kerala or Tamil Nadu, and therefore, the matter needed consideration. “We will consider it,” said Justice Gavai.
Case Title
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. | Writ Petition (Civil) No. 202 of 1995