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TMI Blog2022 (6) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... nimum width of 1 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. The CEC s recommendation is considered that the ESZ should be relatable to the area covered by a protected forest but the Standing Committee s view that the area of a protected forest may not always be a reasonable criteria also merits consideration. It was argued that the 1 km wide no development zone may not be feasible in all cases and specific instances were given for Sanjay Gandhi National Park and Guindy National Park in Mumbai and Chennai metropolis respectively which have urban activities in very close proximity. These sanctuaries shall form special cases. In the given facts concerning the Jamua Ramgarh Sanctuary, the margin of 25 metres as contemplated in the 1994 Mineral Policy of the State of Rajasthan is grossly inadequate. Jamua Ramgarh sanctuary is treated as a special case for fixing the ESZ as in the past, the buffer zone varied from 25 metres to 100 metres. ESZ of 500 metres would be a reasonable buffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rakash Pandey, AOR, Mrs. Manik Karanjawala, AOR, Mr. C. L. Sahu, AOR, Ms. Abha R. Sharma, AOR, Mr. S. R. Setia, AOR, Mr. Rajat Joseph, AOR, Mrs. Nandini Gore, AOR, M/S. M. V. Kini & Associates, AOR, Mr. Pradeep Kumar Bakshi, AOR, Ms. Divya Roy, AOR, Mr. Radha Shyam Jena, AOR, Ms. Charu Mathur, AOR, Mr. T. V. George, AOR, Mr. Neeraj Shekhar, AOR, Mr. E. M. S. Anam, AOR, Ms. S. Janani, AOR, Mr. Surya Kant, AOR, Mr. Amit Anand Tiwari, AOR, Mrs. Bina Gupta, AOR, M/S. K J John And Co, AOR, Mr. S. C. Birla, AOR, Ms. K. V. Bharathi Upadhyaya, AOR, Mr. Punit Dutt Tyagi, AOR, Mr. Ratan Kumar Choudhuri, AOR, Ms. Binu Tamta, AOR, Mr. Tejaswi Kumar Pradhan, AOR, Mr. Pawan Kumar Sharma, Adv., Mr. Dharmendra Kumar Sinha, AOR, Ms. Sujata Kurdukar, AOR, Mr. Shibashish Misra, AOR, Mrs. M. Qamaruddin, AOR, Ms. Baby Krishnan, AOR, Mr. B V Deepak, AOR, Mr. Sudhir Kumar Gupta, AOR, Mr. Irshad Ahmad, AOR, Mr. Rauf Rahim, AOR, Mr. Rajeev Singh, AOR, Mr. Ramesh Babu M. R., AOR, Mr. Shiva Pujan Singh, AOR, Mr. K. V. Vijayakumar, AOR, Mr. Sarad Kumar Singhania, AOR, Mr. Hitesh Kumar Sharma, Adv., Mr. S.K. Rajora, Adv., Mr. Akhileshwar Jha, Adv., Mr. Vivek Sharma, Adv., Ms. Meenakshi Kamble, Adv., Mr. Kuldip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ambuj Saraswat, Adv., Mr. James P. Thomas, AOR, Ms. Vanshaja Shukla, AOR, Dr. Joseph Aristotle S., AOR,, Mr. Siddharth Bhatnagar, Sr. Adv., Mr. Sarojanand Jha, Adv., Mr. Karan Sharma, Adv., Ms. Precheta Kar, Adv., Mr. Aditya Sidhra, Adv., Mr. Nadeem Afroz, Adv., MR. M. R. Shamshad, AOR, Ms. Shalini Kaul, AOR, Mr. V.K. Shukla, Sr. Adv., Mr. Rajeev Kumar Dubey, Adv., Mr. Ashiwan Mishra, Adv., Mr. Kamlendra Mishra, AOR, Mr. S. Gowthaman, AOR, Mr. Guntur Pramod Kumar, AOR, Mr. Shubhranshu Padhi, AOR, Mr. P. S. Sudheer, AOR, Mr. D.K. Garg, AOR, Mr. Dinesh K. Garg, Adv., Mr. Dhananjay Garg, Adv., Mr. Abhishek Garg, Adv., Mr. Abhinav Mukerji, AOR, Mrs. Pragya Baghel, AOR, Dr. Monika Gusain, AOR, Mr. Harim Om Yaduvanshi, Adv., Mr. Nishe Rajen Shonker, AOR, Ms. Anu K. Joy, Adv., Mr. Alim Anvar, Adv, Mr. Anando Mukherjee, AOR, Mr. Gopal Balwant Sathe, AOR, Mr. Naveen Kumar, AOR, Ms. Archana Pathak Dave, Adv., Ms. Deepanwita Priyanka, AOR, Mr. P. Venkat Reddy, Adv., Mr. Prashant Tyagi, Adv., Mr. P. Srinivas Reddy, Adv., M/s. Venkat Palwai Law Associates, AOR, Mr. Kaushik Choudhury, AOR Maharashtra : Mr. Sachin Patil, AOR., Mr.Rahul Chitnis, Adv., Mr.Aaditya A. Pande, Adv., Mr. Geo Joseph, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mining activities in and around a wildlife sanctuary in the State of Rajasthan known as "Jamua Ramgarh" (also spelt as Jamwa Ramgarh). The second set of issues is wider in scope, and involves prescribing ecosensitive zones (ESZ) surrounding the wildlife sanctuaries and national parks. The subject of mining and other commercial activities within the wildlife sanctuaries and national parks (protected forests) shall also be dealt by us in this order. The applications before us require examination in the perspective of a set of recommendations made by the CEC and we have been urged by a set of applicants to make certain modifications of this Court's earlier directions concerning steps to be taken for protection of forest resources. The applicants seeking modifications of our earlier orders include a set of miners, and, in some cases, the State Governments asking for opening up of the protected forest areas and their buffer zones, on which restrictions have been placed in by our earlier orders, for commercial exploitation. There is dispute as to what would constitute the buffer zones on ESZ in respect of national parks and wildlife sanctuaries, as there are divergence of views ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as 100 meter wherein no mining should be permitted. "For new" mining leases the safety zone may be fixed as 500 meter. (iii) reclamation and rehabilitation of the area mined inside the sanctuary should be carried out in a time bound manner at the cost of the user agency for which a detailed reclamation and rehabilitation plan along with various items of work, cost involved and time frame should be prepared and implemented on priority basis. The plan presently prepared by the State Government is totally in adequate. It does not provide for reclamation and rehabilitation of the mining pits at all. No provision for removal of stones and rocks scattered in the sanctuary has been made. Intensive plantations and protection has not been provided. The revised plan should incorporate the above and other necessary measures to provide a congenial habitat for wild life. In the event adequate funds for this purpose cannot be recovered from the erstwhile mine lease owners, the same should be made available by the State Government; (iv) mining around the sanctuary should be allowed to restart only after a fool proof mechanism is put in place to ensure recovery of funds for implem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries shall make it clear that if the proposals are not sent even now within a period of four weeks of receipt of the communication from the Ministry, this Court may have to consider passing orders for implementation of the decision that was taken on 211 2002, namely, notification of the areas within 10 km. of the boundaries of the sanctuaries and national parks as ecosensitive areas with a view to conserve the forest, wildlife and environment, and having regard to the precautionary principles. If the States/Union Territories now fail to respond, they would do so at their own risk and peril". 5. Two writ petitions have been instituted titled as Goa Foundation v. Union of India [W.P. (Civil) No. 460 of 2004] and Goa Foundation v. Union of India and Others [W.P. (Civil) No. 435 of 2012], in relation enforcement of various circulars issued for enforcement of environmental laws and to prevent illegal mining in different States including the State of Goa. There are certain overlapping issues involved in the present writ petition and the cases of Goa Foundation (supra). The directions which we propose to issue in this judgment/order shall take into account the orders pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of variable width and extent." (quoted verbatim from paperbook) 7. In Clauses 6 and 7 of the said Guidelines, it has been specified: "6. The procedure to be adopted: 6.1 As has been indicated in the forgoing paras, the basic aim is to regulate certain activities around National Park and Wildlife Sanctuary so as to minimize the negative impacts of such activities on the fragile ecosystem encompassing the Protected Area. As a first step towards achieving this goal, it is a prerequisite that an inventory of the different land use patterns and the different types of activities, types and number of industries operating around each of the Protected Area (National Parks, Sanctuaries) as well as important Corridors be made. The inventory could be done by the concerned Range Officers, who can take a stock of activities within 10 km of his range. 6.2 For the above purpose, a small committee comprising the concerned Wildlife Warden, an Ecologist, an official from the Local Self Government and an official of the Revenue Department of the concerned area, could be formed. The said committee could suggest the: (i) Extent of ecosensitive zones for the Protected Are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommercial mining, setting up of saw mills and industries causing pollution, commercial use of firewood, establishment of major hydroelectric projects, use of production of any hazardous substances, undertaking activities related to tourism like overflying the national park area by any aircraft, hotair balloons, discharge of effluents and solid waste in natural water bodies or terrestrial areas have been proposed to be made prohibited activities. Certain other activities having lesser environment damaging potential have been proposed to be regulated. 9. By an order passed on 4th August 2006, this Court had, interalia, restrained grant of temporary working permits for mining within safety zones around any national park/wildlife sanctuary declared under Sections 18, 26A or 35 of the Wild Life (Protection) Act, 1972. As an interim measure, direction was issued to maintain one kilometre safety zone, which was subject to the orders that may be made in the present IA (I.A. No. 1000 of 2003). 10. The second report of the CEC dated 20th September 2012 makes the following recommendations as regards identification and declaration of ESZ. This report entitled "Note r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ryA; iv) Satpura National Park (585 sq. km.), Bori Sanctuary (485 sq. km.) and Pachmarhi Sanctuary (417 sq. km.) total area is 1488 sq. km. and therefore all three will fall in CategoryA; iv) Valmiki National Park (335 sq. km.) and Valmiki Sanctuary (545 sq. km.) total area is 880 sq . km. and therefore both will fall in CategoryA; vi) Tadoba National Park (116 sq. km.) and Andhari Wildlife Sanctuary (509 sq. km.) total area is 625 sq. km. and therefore both will fall in CategoryA; and vii) Sariska National Park (273 sq. km.) and Sariska Sanctuary (219 sq. km.) total area is 492 sq. km. and therefore both will fall in CategoryB; 13. The Safety Zone, in respect of protected areas falling in 'CategoryA and CategoryB, may comprise of all the areas including nonforest areas falling within a distance of two kilometers and one kilometer respectively from the boundaries of the protected area. Such distances, in respect of protected areas falling within CategoryC and CategoryD, may be kept at 500 meter and 100 meter respectively. 14. The grant/renewal of mining leases (excluding for collection of bou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a protected area may be shifted from a higher category to a lower category. 17. The Safety Zones (ecosensitive zones) around National Parks and Wildlife Sanctuaries will be in addition to the following ecosensitive zones notified by the MoEF (and by other notifications, if any): i) S.O. 20(E), (6/1/1989) Prohibiting industries on MurudJanijira, District Raigadh, Maharashtra; ii) S.O. 102(E), (1/2/1989) Restricting location of industries, mining & other activities in Doon Valley (UP); iii) S.O. 416(E), (20/6/1991) Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically Fragile Area, amended 1999; iv) S.O.319(E), (7/5/1992) Restricting certain activities causing environmental degradation at Aravalli Range; v) S.O. 481 (E), (5/7/1996) No Development Zone at Numaligarh, East of Kaziranga; vi) S.O. 884(E), (19/12/1996) Dahanu Taluka Environment Protection Authority, 1996, amended 2001 ; vii) S.O. 350(E), (13/5/1998) Order constituting the Taj Trapezium Zone Pollution (Prevent and Control) Authority; viii) S.0. 825(E), (17.9.1998) Pachmarhi Region as an EcoSensitive Zone; ix) S.O. 52(E), ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he grant of TWP would not result in any mining activity within the safety zone around such areas referred to in Precondition (ii) above (as an interim measure, one kilometre safety zone shall be maintained subject to the orders that may be made in IA No. 1000 regarding Jamua Ramgarh Sanctuary); (iv) The user agency who has broken up the area of the mine (in respect of which TWP is being sought) has or had the requisite environmental clearances and at no time prior to the grant of the TWP was any mining being carried on by the user agency in relation to the mine in question, in violation of the provisions of the Forest (Conservation) Act (for short "the FC Act"). In cases involving violation of the FC Act, a formal decision on merit should be taken under the FC Act after considering the gravity of the violation. However, the grant of a TWP may be considered where past violations have been regularised by the Ministry of Environment and Forests (for short "MoEF") by the grant of an approval under the FC Act with retrospective effect; (v) The conditions attached to the approval under the FC Act for the grant of the mining lease (or the renewal of the mining lease) have been fulfi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited (I.A. Nos. 11231124 of 2004) has taken a plea that Section 66(4) of the Wild Life (Protection) Act, 1972 was not applicable to it and in that regard a pending Writ Petition instituted by them in the High Court of Rajasthan (Writ Petition No. 570 of 2002) has been cited. In the said application permission has been sought for restarting the mining activities in nonforest area. Directions have also been asked to prevent initiation of penal proceedings against the applicant under the Wild Life (Protection) Act, 1972. (ii) The applicant in I.A. Nos. 982984 of 2003 is one Smt. Magan Devi Meena. Her case is that she was allotted mining area which is outside the reserve forest/sanctuary in Thali village and falls outside Pillar no. 407 (the demarcation point of forest/sanctuary area). She essentially questions legality of the letter dated 30th May 2003 issued by the Mining Engineer Jaipur, office of Mining Engineer & Geology Department, Jaipur, Rajasthan stopping mining operation in the disputed area of Jamua Ramgarh Wildlife Sanctuary and pending completion of demarcation. (iii)In I.A. Nos. 12101211 of 2004, the applicant is Madhu Agarwal. Her prayer is for f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng activities in and around the protected forests to energise the economy of the State. The State seeks permission for subsisting mining activities to operate outside the protected forests and ESZ. It is also their stand that most of the mining areas in Jamua Ramgarh Sanctuary were sanctioned prior to coming into operation of Forest (Conservation) Act, 1980 and declaration of the said sanctuary on 31st May 1982. 14. Apart from mining activities in the Jamua Ramgarh Sanctuary, applications have also been taken out in relation to the CEC reports as the said reports deal with protected forests all across the country and contemplate uniform ESZ norms for their protection. On 14th July 2003, the recommendations of CEC dated 27th December 2002 were accepted by this Court in I.A. No. 887 of 2003. The said application related to wood based industries in the State of Maharashtra, and, interalia, concerned 64 saw mills. That application was disposed of with a direction for consideration of their cases within a period of two months and if they were found eligible, their applications were directed to be sent to the CEC. The latter was to submit a report and the State of Maharashtra was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der to continue." (quoted verbatim from paperbook) The prayer of the State of Maharashtra in this application is to the following effect: "A) This Hon'ble Court be pleased to modify its order dated 11.12.2018 directing that an area of 10 kilometers around Thane Creek Flamingo Sanctuary situated in the State of Maharashtra be declared as Eco Sensitive Zone by the Ministry of Environment and Forest; and B) That this Hon'ble Court be pleased to direct that the area of 03.5 kilometers as proposed in the proposal submitted by the State Government on 22.05.2019 to the Ministry of Environment and Forest be declared as Eco Sensitive Zone in respect of the Thane Creek Flamingo Sanctuary; and C) Pass any other order and or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." (quoted verbatim from paperbook) 16. The other applications in respect of the same sanctuary is by an association of real estate developers, CREDAIMCHI registered as I.A. No. 65571 of 2021. The main prayer in I.A. No. 65571 of 2021 is: "(a) Modify the order dated 11.12.2018 passed by this Hon'ble Court in I.A. No. 1000 in W.P. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mining Corporation by the State Government itself." (quoted verbatim from paperbook) 19. So far as this application is concerned, we repeat that in this order, we are dealing with the issues arising out of IA No. 1000 of 2003. The scope of this application relates to mining and other activities within the national parks and wildlife sanctuaries and maintaining ESZ around individual protected forests. The reliefs asked for by the MP State Mining Corporation Limited in IA No. 1992 of 2007 do not come within the ambit of the subject we are addressing in this judgment/order. This application of the Mining Corporation company is in connection with temporary working permits in nonforest areas. This application will also have to be addressed separately. 20. There are two affidavits of M/s. Andhi Marbles Pvt. Ltd affirmed on 19th February 2004 and 29th July 2004 pertaining to Jamua Ramgarh Sanctuary. Complaint against said M/s. Andhi Marbles is in relation to mining leases granted and operated by them. In the CEC report which has been transformed into I.A. No. 1000 of 2003, it has been recorded that they were granted mining leases in violation of the Forest (Conservation) Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assume that any State Government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures without any further delay." 21. The CEC's observation in I.A. No. 1000 of 2003 is that no mining activity was permissible inside the sanctuary as per this Court's Order dated 14th February 2000 and the temporary working permits were granted in violation of the applicable statutory provisions and guidelines as the area involved fell inside the sanctuary. M/s. Andhi Marbles Pvt. Ltd. have taken a defence that their mining activities were in terms of the temporary working permit issued and in compliance with the specified conditions laid down by the MoEF&CC. A point has also been taken that the limits of the sanctuary was not notified and no notification under Section 26A of the Wild Life (Protection) Act, 1972 was issued to declare the said area as sanctuary. They have also taken a point that the mining lease covering forest has been deleted from the lease document and they seek to operate two quarries, on nonforest land beyond the safety zone of 25 metres, which has been specified as part of the Mineral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sthan are on record before us. The stand of the State of Rajasthan as reflected in these affidavits are primarily in relation to the creation of ESZ. It is their case that the decision of 25 metres safety zone in relation to Jamua Ramgarh sanctuary has been conceived by the State and the State Government has also taken a decision that in the vicinity of sanctuaries, national parks and reserve forests, mining activities should not be undertaken within 25 metres. As regards other forest areas, their position is that mining ought to be undertaken in the immediate vicinity of the forest areas. They have expressed difficulties over taking over or acquisition of land around any sanctuary or other protected forest and their ESZ without proper proceeding. As regards mining operations within sanctuary area of Jamua Ramgarh, it has been stated that all mining activities within the sanctuary have been stopped. In their affidavit dated 12th August 2008, it has been disclosed by the State that mining activities in nonforest areas within 100 metres of the Jamua Ramgarh sanctuary has been closed. Their plea is for allowing mining activity in nonforest areas within protected forests and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity are often thought to be imposed by the public trust: first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash equivalent; and third the property must be maintained for particular types of uses." 29. Reliance has been placed on the said doctrine in earlier orders of this Court in this very writ petition, passed on 30th October 2002, 26th September 2005 and 13th February 2012. So far as the views of the State of Rajasthan is concerned, as reflected in their affidavits and written notes, their consideration for justifying mining in Jamua Ramgarh and its periphery primarily stems from the prospect of immediate economic gains and their role as a trustee of natural resources of the land has been largely overlooked. 30. The Ministry of Environment, Forest and Climate Change (MoEF&CC) is against having a uniform ESZ for all national parks and reserved forests. Their view is that the ESZ area ought to be sitespecific. Our attention has been drawn to the Comprehensive Guidelines formulated, to which we have referred earlier in this Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the national parks and sanctuaries as Ecofragile zone was finalised. 32. The MoEF&CC essentially has argued in favour of having ESZ to be sitespecific and for that purpose they have invited proposals from individual State Government in the aforesaid Guidelines. In cases where such proposals have not come, they want 10 kilometres periphery of protected forests to be preserved as ESZ. As regards activities permissible within the buffer zone, certain works have been proposed to be regulated and certain activities to be permitted within the ESZ. This has been stipulated in AnnexureI to the Guidelines. We have already referred to the prohibited activities. Among the regulated activities, as per these Guidelines are: (i) Felling of trees with permission from appropriate authority. (ii) Establishment of hotels and resort as per approved master plan, which takes care of habitats allowing no restriction on movement of wild animals. (iii) Drastic change in agricultural systems. (iv) Commercial use of natural water resources including ground water harvesting as per approved master plan, which takes care of habitats allowing no restriction on movement of wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roper, having regard to the nature and scope of the proceeding. But in cases where such a course has not been taken, persons affected or likely to be affected by any order passed in the litigation would be entitled to join or participate in the proceeding. Thus, the impleadment prayers in I.A. No. 984 of 2003, I.A. No. 1026 of 2004, I.A. No. 1123 of 2004, I.A. No. 1197 of 2004 and I.A. No. 1251 of 2004 are allowed. 35. The approach of the Court in dealing with complaints of environmental degradation has been laid down by this very Bench in this Writ Petition itself in an order passed on 9th May 2022 in connection with another set of applications. In this Order, it has been observed and held: "15. Adherence to the principle of sustainable development is a constitutional requirement. While applying the principle of sustainable development one must bear in mind that development which meets the needs of the present without compromising the ability of the future generations to meet their own needs. Therefore, Courts are required to balance development needs with the protection of the environment and ecology. It is the duty of the State under our Constitution to devise and implem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the said judgment that it is not always necessary that there should be direct evidence of harm to the environment." While dealing with the applications in the present set of proceedings, we shall follow the same principles. 36. We shall now examine the prayers of the applicants for continuing their mining activities within sanctuary. This relief has been asked for by Smt. Magan Devi Meena (IA Nos. 982984 of 2003), M/s. Agarwal Marbles Centre Pvt. Ltd. & Ors. (IA Nos. 10261028 of 2004), M/s. Jaipur Mineral Development Syndicate Private Limited (IA Nos. 11231124 of 2004), Federation of Mining Associations of Rajasthan (IA Nos. 1197 1199 of 2004), Bhushan Sharma (IA Nos. 12501251 of 2004) and M/s. Andhi Marbles Pvt Ltd. (IA No. 1512 of 2006). We must point out here that in the affidavit of the State of Rajasthan, it has been stated that they had formulated a policy of maintaining a distance of 25 metre from the vicinity of important forest areas like game sanctuary, reserved forest, mining activities to be prohibited. In other forest areas, mining could be undertaken in the immediate vicinity of the forest area as per the policy. This has been stated in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adily intelligible boundaries." Section 26A of the Act, which, again, was introduced by Act 44 of 1991 contemplates further declaration after compliance of certain formalities. No other amendment has been brought to our notice. Section 18 of the Wild Life (Protection) Act, 1972 as it originally stood, reads: "18. (1) The State Government may, by notification, declare any area to be a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment. (2) The notification referred to in subsection (1) shall specify, as nearly as possible, the situation and limits of such area. Explanation.--For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other wellknown or readily intelligible boundaries." 39. The declaration was made by the State of Rajasthan in 1982 and we do not find any flaw in such declaration. The amended provisions, thus, could not apply to the Jamua Ramgarh Wildlife Sanctuary. The plea taken that it did not have the status of a sanctuary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nctuary without obtaining specific approvals under the F.C.Act or the W.P.Act. The details of these mines are given in ANNEXUREB." (quoted verbatim from paperbook) 41. In their affidavits, the State of Rajasthan had referred to the Mining Policy of 1994 which stipulated 25 metres to be safety zone around the periphery of Jamua Ramgarh Wildlife Sanctuary but subsequent thereto the Mining Policy of 2015 for the State of Rajasthan has come and they do not seem to have any specified safety zone. Moreover, in view of the order of this Court passed on 4th August 2006, 1 kilometre safety zone has been directed to be maintained as regards Jamua Ramgarh Wildlife Sanctuary. Beyond Jamua Ramgarh Wildlife Sanctuary, CEC itself has given its view on eco sensitive zone in their report dated 20th September 2012. The recommendations have been quoted in the earlier part of this order. In the affidavit of Standing Committee of National Board of Wildlife filed on 26th November 2012, the views of said Committee was expressed and the Committee was of unanimous opinion that each State ought to delineate the outer limits of ESZ on a sitespecific, case by case basis, keeping in view the eco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i and Chennai metropolis respectively which have urban activities in very close proximity. These sanctuaries shall form special cases. 43. Turning specifically to Jamua Ramgarh Sanctuary, the first report of the CEC proposed 100 metres as ESZ. In the second report, however, one kilometre width has been recommended for all protected forests falling under category 'B'. Having regard to its area, the said sanctuary comes in that category. In the order of this Court passed on 4th August 2006, the same margin, i.e. one kilometre as buffer zone has been prescribed. In the given facts concerning the Jamua Ramgarh Sanctuary, in our opinion the margin of 25 metres as contemplated in the 1994 Mineral Policy of the State of Rajasthan is grossly inadequate. We, however, treat Jamua Ramgarh sanctuary as a special case for fixing the ESZ as in the past, the buffer zone varied from 25 metres to 100 metres. In our opinion, ESZ of 500 metres would be a reasonable buffer zone, within which subsisting activities which does not come within the prohibited list as per the Guidelines of 9th February 2011 could be carried on. But for commencing of any new activity which would be otherwise permissible, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of six months. Such permission shall be given once the Principal Chief Conservator of Forests is satisfied that the activities concerned do not come within the prohibited list and were continuing prior to passing of this order in a legitimate manner. No new permanent structure shall be permitted to come up for whatsoever purpose within the ESZ. (f) The minimum width of the ESZ may be diluted in overwhelming public interest but for that purpose the State or Union Territory concerned shall approach the CEC and MoEF&CC and both these bodies shall give their respective opinions/recommendations before this Court. On that basis, this Court shall pass appropriate order. (g) In the event the CEC, MoEF&CC, the Standing Committee of National Board of Wildlife or any other body of persons or individual having special interest in environmental issues consider it necessary for maintaining a wider or larger ESZ in respect of any national park or wildlife sanctuary, such body or individual shall approach the CEC. In such a situation the CEC shall be at liberty to examine the need of a wider ESZ in respect of any national park or wildlife sanctuary in consultation with all the stakeholders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring overburden dumping as also compensation in monetary units for degradation of forest resources shall also be made. A further set of recommendations concerning confiscation of earth moving equipments and other machineries lying within or in the periphery of the said sanctuary shall be made by the CEC. Recommendations shall be made within a period of four months before this Court in the form of an application. This Court shall consider passing appropriate order upon going through such application. The exercise concerning such reparation, including quantifying compensation shall be undertaken upon giving the mining operator, State and MoEF&CC opportunity of hearing. (p) In the event there is any subsisting order of any High Court or any Court subordinate to such High Court covering any of the issues dealt with by this Court in this order, this order shall prevail over any such order which may be contrary to these directions. (q) We have already observed that there are certain overlapping issues involved in this writ petition and the cases of Goa Foundation (Writ Petition (C) No. 460 of 2004) and (Writ Petition (C) No. 435 of 2012). We request the Hon'ble the Chief Justice of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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