Shashwati Chowdhury
Published on: August 18, 2022 at 17:53 IST
A review petition against the order mandating a minimum of one kilometre of Eco Sensitive Zone (ESZ) from protected forests has been filed by the State of Kerala in the Supreme Court.
A review is sought on the grounds that “certain facts peculiar to the State of Kerala” were not brought to the court’s notice. The required ESZ and the ban on permanent construction there are believed to create “insurmountable difficulties” in the State because Kerala has a population density that is more than twice that of the rest of the country. Kerala has a total forest area of 11521.813 square kilometres, or 29.65% of the state’s overall size.
Within the proposed buffer zone of 1 km from forests, a significant number of small and medium townships with human habitations and attendant infrastructure have already been created during the previous several decades.
Additionally, Scheduled Tribes’ vested rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, will also be affected by the court order. Numerous tribal settlements are located both within 1 km of ESZs and in the Reserve Forest portions of the extended ESZS.
The lands assigned under the said Act are likewise covered by these extended ESZS and the ESZS that are within 1 km of the boundaries of the Protected Areas.
Review is being sought in relation to the judgment made on June 3 in In Re: TN Godavarman Thirumalpad versus Union of India by a Bench comprising of Justices L Nageswara Rao, Aniruddha Bose, and BR Gavai.
Each protected forest, such as a national park or animal sanctuary, was directed by the court to have an ESZ that is at least one kilometre long as measured from the designated boundary of the protected forest.
In addition, the Court directed that no permanent structures be permitted inside the ESZ. It is prohibited to mine in national parks or wildlife sanctuaries.