No mining within 1 km of protected forests, orders Supreme Court

In a bid to protect wildlife biodiversity in the country, the Supreme Court has said each protected forest should have a 1-km radius of eco-sensitive zone (ESZ) and no mining shall be permitted there.  

A bench comprising Justices L Nageswara Rao, BR Gavai and Aniruddha Bose gave directions in a public interest litigation case (TN Godavarman Thirumalpad vs Union of India).

“The Chief Conservator of Forests should make a list of existing structures under the sensitive zone and submit the report to the court within three months,” the bench said.

The bench addressed two sets of issues in the litigation. “The first set relates to 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 ESZ surrounding the wildlife sanctuaries and national parks,” the bench said.

Though each protected forest, which is a national park or wildlife sanctuary, must have an ESZ of a minimum of one kilometre, for Jamua Ramgarh wildlife sanctuary, it was fixed to 500 metres for the ongoing activities.

For mining activities that have been already undertaken within one kilometre, such activities may continue with permission of the Principal Chief Conservator of Forests of each State or Union Territory and it should be obtained within six months. “No new permanent structure shall be permitted within the ESZ,” the bench said.

“Mostly states prescribe very less or zero km of ESZ. Also, it was different for different states and there was no fixed demarcation. The Supreme Court has thus taken cognisance of the matter now. There was a need to regularise the sensitive zones,” said Tavinder Sidhu, partner at MV Kini.

The court has also recommended the quantum of compensation to be recovered from miners in Jamua Ramgarh sanctuary, if they violate any statutory provision or order of the court. “The exercise concerning such reparation, including quantifying compensation shall be undertaken upon giving the mining operator, State and the Ministry of Environment, Forest and Climate Change the opportunity of hearing,”