No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies

On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change and in respect of the proposals which have been received by the Ministry. It noted that since mining activity in the ESZ area is a prohibited activity, it cannot be permitted in an ESZ area even if it is beyond 1 km. “We clarify that even if in a particular case, the ESZ is more than one kilometer, still, if the concerned area where mining is proposed falls within the ESZ, the mining activity will not be permitted, even if it falls in an area which is beyond one kilometer from the boundary of the Protected Area.” In its order dated 26th April, 2023, the Court had categorically recorded - “We also modify the direction contained in paragraph 56.4 of the order dated 3rd June, 2022 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.” The Bench was previously informed that in some of the National Parks and Wildlife Sanctuaries the ESZ areas are less than 1km, where in others it is 500 m or lesser. Since the mining activity in ESZ area is a prohibited activity, there is no question of such an activity being permitted in an ESZ area even if it falls beyond the distance of one kilometer from the boundary of the protected area.”