2022 (9) TMI 1635 - SC - Indian Laws

Notification of eco-sensitive zone (ESZs) around National Parks - Diversion of forest land for construction - HELD THAT - The Notification dated 05.12.2016 in respect of Sanjay Gandhi National Park as well as the Notification dated 14.10.2021 in respect of Thane Flamingo Creek Sanctuary have been issued after following the entire procedure as prescribed under the law. Application allowed.

Summary

Issues:
1. Appointment of Amicus Curiae
2. Diversion of forest land for construction
3. Clarification on eco-sensitive zones around National Parks
4. Extension of time for preparing list of structures in ESZs

Analysis:
1. Appointment of Amicus Curiae:
The Supreme Court appointed Mr. K. Parmeswar as an Amicus Curiae in addition to other Amicus Curiae already appointed. The Registry was directed to provide Paper Books of pending I.As. to Mr. K. Parmeswar for further assistance.

2. Diversion of Forest Land for Construction:
An application was allowed permitting the diversion of 397.8863 hectares of forest land in Himachal Pradesh for the construction of the Sunni Dam Hydroelectric Project. This permission was subject to the conditions specified in the Environment and Forest Clearance, leading to the disposal of the relevant IAs.

3. Clarification on Eco-Sensitive Zones around National Parks:
An application was filed seeking clarification of a previous judgment regarding eco-sensitive zones (ESZs) around Sanjay Gandhi National Park and Thane Flamingo Creek Sanctuary. It was argued that the notifications for ESZs around these areas had already been issued after due process. The Court acknowledged that a one-kilometer wide "no development zone" may not be feasible in all cases and granted the requested clarification, disposing of the relevant IAs.

4. Extension of Time for Preparing List of Structures in ESZs:
Another application sought an extension of time to prepare a list of subsisting structures and other relevant details within the respective ESZs. The Court allowed this application, extending the time for preparation by a further four months.

Overall, the judgment addressed various environmental and construction-related issues, ensuring compliance with regulations and providing necessary clarifications where required.