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Supreme Court Updates 26 April 2023

Modifying the 2022 judgment, Supreme Court lifts the complete ban on development activities within ESZs

Today, a complete ban on developmental activities within eco-sensitive zones (ESZs) of a minimum of one km around protected national parks, forests, and wildlife sanctuaries was lifted by the Supreme Court. Last year in June, the top Court imposed restrictions on the development activities within ESZs. Today, the Supreme Court bench comprising Justice Vikram NathJustice BR Gavai, and Justice Sanjay Karol modified its 2022 order. While giving the judgment, Justice Gavai said that the activities with ESZs should be guided by the Ministry of Environment, Forests, and Climate Change (MoEFCC), February 2011 guidelines. In addition, Justices Karol and Nath said that the ban will not be applicable to ESZs that share common boundaries or lie on inter-state borders. The verdict delivered today was passed on PIL where the court environment bench was monitoring forest clearances as well as protecting forest lands. The bench further modified the order and said that “If this judgment is to be implemented, the principal chief conservator of forests (PCCF) in every state will be left with no other work but to entertain requests from individual villagers for the erection of permanent structures. They clearly do not have this wherewithal.”

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