SC asks states to declare ESZs around tiger reserves, bans mining activities within 1 km

New Delhi, Nov 17 (PTI) In a significant verdict, the Supreme Court on Monday issued a slew of pan-India directions asking the state governments to notify Eco-Sensitive Zones around all tiger reserves, including buffer and fringe areas, within one year, and enforced a complete ban on mining activities within one km of core or buffer zones.

The top court also directed the Uttarakhand government to undertake comprehensive restoration measures, demolish unauthorised constructions, and remedy the destruction caused by illegal tree felling and construction works inside the Jim Corbett Tiger Reserve.

It directed that all the restrictions will be in force in the Eco-Sensitive Zones (ESZs), including the restriction that "there will be a complete ban on mining activities" within a distance of 1 km from a tiger habitat or a buffer area.

Penning the 80-page verdict, Chief Justice of India B R Gavai issued a slew of directions -- running into 28 pages -- aimed at reversing large-scale ecological damage inside the tiger reserves.

The bench, also comprising Justices Augustine George Masih and A S Chandurkar, accepted in entirety the findings of an expert committee appointed by it in March 2024 to examine the ecological violations, quantify damage, recommend restoration measures, and identify officers responsible for the destructions inside the Jim Corbett Tiger Reserve.

"The state of Uttarakhand through the chief wildlife warden, in consultation with the CEC (Central Empowered Committee), is directed to submit a plan for the restoration of the Corbett Tiger Reserve in line with the recommendations made by the expert committee within a period of two months," the bench said.

It also directed the state government to demolish unauthorised constructions as identified by the expert committee, before the lapse of three months from the date of this judgment.

"File a compliance affidavit within a period of one year from the date of this judgment," it said, adding, "In relation to the Corbett Tiger Reserve, the CEC will monitor and supervise the implementation of the ecological restoration plan developed by the state of Uttarakhand." While developing and implementing this plan and carrying out afforestation, the state government "must ensure that only native and indigenous species are identified, with special care to not introduce any alien species to the ecosystem".

With regard to quantification of costs for restoration, the committee arrived at a figure of Rs 4.3 crore as costs for in-situ ecological restoration, it said.

The committee separately assessed the potential ecological loss from safari project activities in monetary terms to be Rs 22.95 crore, with conceivable net market value of felled timber as Rs 6.8 crore, it added.

"Therefore, according to the committee, the total damage costs are estimated to be about Rs 29,80,00,000. We are, however, not inclined to go into the issue with regard to valuation of quantification of costs for restoration as well as the potential ecological loss caused from the safari project," the bench said.

"We find that it will be in the interest of justice that the state government is directed to restore the ecological damage caused to the Corbett Tiger Reserve under the supervision, guidance and control of the CEC," it directed.

On the issue of tiger safaris, it said that they shall not be permitted in the core or a critical tiger habitat area.

"Tiger safari shall be established on 'non-forest land' or 'degraded forest land' in a buffer area provided that is not part of a tiger corridor.

"Tiger safari shall be allowed only in association with a full-fledged rescue and rehabilitation centre for tigers where conflict animals, injured animals or abandoned animals are housed for care and rehabilitation," it said.

The bench said the ESZs cannot only be restricted to sanctuaries or national parks, and must include buffer and peripheral areas of tiger reserves as well, it said.

"It is specifically clarified by way of this direction that these notified ESZs will be subject to all the same restrictions as per the notification dated 09.02.2011, including the restriction that within a distance of 1 km from a tiger habitat or buffer area, or the notified ESZ (whichever is larger), there will be a complete ban on mining activities," the bench directed.

Accepting the recommendations of the committee, it directed the states to take into consideration the recommendations while framing the required statutory or regulatory framework.

"The prohibited and regulated activities are summarised -- (i) Commercial mining (ii) Setting of saw mills (iii) Setting of industries causing pollution (water, air, soil, noise, etc.) (iv) Commercial use of firewood for hotels and other business related establishments (v) Establishment of major hydroelectric projects (vi) Introduction of exotic species (vii) Use of production of any hazardous substances.(viii) Undertaking activities related to tourism like overflying the tiger reserves by low flying aircraft (including drones and hot air balloons)...," it said.

There shall be strict prohibition on outsourcing of forest staff in performance of core functions, it said.

The bench directed the Union environment ministry to consult the CEC to fill in vacancies in all tiger reserves in a timebound manner.

"All the state governments are directed to ensure that no position of any field director is kept vacant... State governments are directed to consider the option for extending the facility of retaining government accommodation in a place of choice when a staff of the forest department is posted in remote wildlife areas," it said.

The bench directed the environment ministry as well as the various state governments to take necessary steps by notifying rules and/or by issuing memorandums or circulars for implementing the directions and recommendations issued by it.

"We are, however, aware about the fact that in various tiger reserves, there could be peculiar situations. We, therefore, though direct that the aforesaid directions and recommendations would be made applicable to all the tiger reserves, and the state would be at liberty to make minor modifications in the recommendations made by us hereinabove in consultation with the Wildlife Institute of India and the National Tiger Conservation Authority (NTCA)," it said.

The bench also directed that a compliance affidavit be filed with it within one year.

It said no tiger safaris can be permitted in the core areas and there would be strict conditions for buffer-zone safaris.

They may be permitted only on non-forest or degraded forest land within the buffer areas, only if such sites are not part of tiger corridors.

Safaris can operate only in conjunction with a full-fledged rescue and rehabilitation centre for conflict or injured animals.

Also, all safaris must adhere to additional safeguards and only rescued/conflict tigers from the same landscape may be housed, it said.

It also said that the tiger reserve has to be declared a silence zone under the Noise Pollution Rules, 2000, within three months.

All states must notify core and buffer areas within six months, and prepare tiger conservation plans within three months, it said.

"Steering committees for all tiger reserves must be constituted within two months, and meet twice annually," it said, adding that the NTCA will have to monitor compliance across states. PTI SJK ARI ARI