Supreme Court sets 500-meter buffer for existing mining, 1-kilometer for new activities near wildlife sanctuary

The SC addressed mining activities near a wildlife sanctuary and establishment of eco-sensitive zones (ESZ) around protected areas. The Court accepted February 2011 Guidelines as reasonable, establishing a standard minimum 1 km ESZ for protected forests, subject to special circumstances. For the sanctuary in question, the existing 25-meter buffer was deemed inadequate. The Court fixed a 500-meter ESZ for existing permissible activities and 1 km ESZ for new activities, recognizing urban sanctuaries as special cases requiring different standards. Application disposed.

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Issues Involved:
1. Mining activities in and around Jamua Ramgarh Wildlife Sanctuary.
2. Prescribing eco-sensitive zones (ESZ) surrounding wildlife sanctuaries and national parks.
3. Implementation and modification of court orders concerning forest resource protection.
4. Compensation and reclamation for illegal mining activities.

Detailed Analysis:

1. Mining Activities in and Around Jamua Ramgarh Wildlife Sanctuary:

The judgment originates from a writ petition aimed at protecting forest lands, particularly focusing on the Jamua Ramgarh Wildlife Sanctuary in Rajasthan. The Central Empowered Committee (CEC) reported extensive illegal mining activities within the sanctuary, violating the Forest (Conservation) Act and the Wild Life (Protection) Act. The court emphasized the need to cancel mining leases within forest areas and safety zones, recommending a 100-meter safety zone for existing mines and a 500-meter zone for new ones. The court directed the reclamation and rehabilitation of mined areas and proposed exemplary compensation for illegal extraction. The court also highlighted the necessity of demarcating sanctuary boundaries to prevent further encroachments.

2. Prescribing Eco-Sensitive Zones (ESZ):

The court addressed the broader issue of establishing ESZs around wildlife sanctuaries and national parks. It acknowledged the CEC's recommendations and the Ministry of Environment, Forest and Climate Change (MoEF&CC) guidelines, which suggest a flexible, site-specific approach to ESZs, generally extending up to 10 kilometers. However, the court mandated a minimum ESZ of one kilometer from the boundaries of protected areas, with exceptions for urban areas like Sanjay Gandhi National Park and Guindy National Park, where this might not be feasible. The court stressed that activities within ESZs should adhere to the guidelines, prohibiting new permanent structures and certain commercial activities.

3. Implementation and Modification of Court Orders:

The judgment considered several interlocutory applications from mining firms seeking to continue operations. The court allowed impleadment of affected parties, emphasizing the public interest nature of the litigation. It reiterated the importance of sustainable development, balancing economic needs with environmental protection. The court directed state authorities to list existing structures within ESZs and ensure compliance with guidelines. It also provided a mechanism for states to propose modifications to ESZ boundaries in overwhelming public interest, subject to approval by the CEC and MoEF&CC.

4. Compensation and Reclamation for Illegal Mining Activities:

The court directed the CEC to quantify compensation for illegal mining within the Jamua Ramgarh Sanctuary and recommend measures for compensatory afforestation and reclamation. The CEC was tasked with assessing the environmental degradation and proposing monetary compensation. The court emphasized the need for a comprehensive approach to address past violations and prevent future encroachments, ensuring that mining and other activities do not compromise the ecological integrity of protected areas.

In conclusion, the judgment underscores the court's commitment to preserving India's forest resources while allowing for economic activities under strict regulatory frameworks. It highlights the need for coordinated efforts between state and central authorities to implement eco-sensitive measures effectively.

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