ECO-SENSITIVE ZONES AROUND NATURE RESERVES SLIMMED FROM 10 KMS TO 25 TO 200 METRE STRIPS - VISHNU NEOPANEY
The Ministry of Environment & Forests, on the prodding of the Supreme Court, accepts that it needs to “conserve and protect” areas around nature reserves and wildlife sanctuaries “to protect and propagate improvement and development of the wildlife therein and its environment”. These protected buffer zones are the Eco-Sensitive Zones bordering such reserves and while the Supreme Court had earlier mandated that this be an impractical [for small states like Sikkim] 10 km buffer, it allowed states and the central government to reduce this zone to smaller pockets in light of practicality and in consultation with experts. A drastic whittling was sought in Sikkim from the projected 10 kms to slivers of 25 metre strips. There were protests and objections, but the MoEF has clearly remained unmoved and has notified the eco-sensitive zones for eight nature reserves of Sikkim to bands ranging from 25 metres to 200 metres and an upper limit of 50 metres in some instances. In that sense, it has made no changes to the draft notification it had circulated in February 2014 and invited suggestions and objections.
The Ministry of Environment and Forests has conveniently gone ahead and reduced the protected area buffer in Sikkim from the accepted 10 km band around nature reserves to a narrow strip ranging from 25 to 200 metres. This was formalized on 27 August 2014, interestingly without disposing the objections and suggestions submitted by a number of people and organizations. The Ministry, in its notifications on the issue, puts on record that “…suggestions received in respect of the proposed draft notification have been considered by the Central Government”.
It has clearly affected no changes to the draft circulated in February and the publication of the final notification also bypasses the National Board for Wildlife (NBWL) – which is under the same ministry but is chaired by the Prime Minister – and has also ignored an order of the Supreme Court, critics of the move allege.
The draft notifications were issued on 04 February inviting “objections and suggestions from all persons likely to be -Lachung in North Sikkim comes within the Eco-Sensitive Zone buffer of the Singba Rhododendron Sanctuary.
- affected thereby, within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public”.
The notifications announcing the eco-sensitive zone details for Sikkim cover the Pangolakha Wildlife Sanctuary, Singba Rhododendron Sanctuary, Fambonglho Wildlife Sanctuary, Kyongnosla Alpine Wildlife Sanctuary, Khangchendzonga National Park, Mainam Wildlife Sanctuary, Kitam Bird Sanctuary and Barsey Rhododendron Sanctuary.
Interestingly, Mainam Wildlife Sanctuary, Kitam Bird Sanctuary and Barsey Rhododendron Sanctuary were not included in the original proposal and were apparently brought under the ambit of the new proposal later.
Needless to add, critics of the proposal have been quick to condemn the development. Tseten Tashi Bhutia of SIBLAC, members of whose organization had challenged the Tashiding hydel project on the grounds that it fell within the [original] eco-sensitive zone of the KNP and hence should be scrapped. SIBLAC had also petitioned MoEF, along with around 25 others including Affected Citizens of Teesta, with their objections to any drastic reduction in the expanse of the eco-sensitive zones.
Speaking to NOW! over the phone, Mr. Bhutia said that the Ministry had neither heard or paid heed to concerns of the people not intimated him or others about the reasons why their suggestions were not considered.
He sees this as “step-motherly” treatment of the people of Sikkim whose “genuine concerns” have been brushed aside.
“Our suggestions and complaints on the draft notifications were neither acknowledged nor were we informed of any action taken on the matter. People have voted BJP for change and uproot corruption from the country but it’s becoming bad to worse. If the Govt of India cannot save the future then they should return Sikkim to its earlier status. If not, they should also listen to us,” Mr. Bhutia said.
Meanwhile, ACT has already served a legal notice to the Ministry of Environment and Forests on the matter and is planning to take legal recourse.
The Supreme Court order had pegged a 10 km protective zone (technically called the Eco-Sensitive Zone under the Environment Protection Act) to be enforced around sanctuaries unless the Centre and the State governments notified a different perimeter based on scientific assessment. These buffer zones were mandated to ensure that the wildlife parks did not get affected by industrial and development activities to close to its borders.
As things stand for nature reserves in Sikkim, the eco-sensitive zones have mostly been marked for corridors ranging from 25 to 200 metres. In most cases, the extent of Eco-Sensitive Zone is 25 meters from the border where the slope is more than 45 degrees, and, in the eco-fragile part of the sanctuary, the zone extends to 200 meters.
The gazette notifications come with detailed references and maps of the eco-sensitive zones and list villages which already fall within these areas.
The Eco-Sensitive Zones are to be managed better and for this purpose, the notification requires the State Government to Zonal Master Plans within two years from the date of publication of the notification for the consideration and approval of the Central Government. Unfortunately, while this master plan is to be prepared in consultation with the residents of the buffer zones, they will be clearly outnumbered by babus with as many as nine government departments to be included in the consultation process.
The Zonal Master Plans are to provide for “restoration of degraded areas, conservation of existing water bodies, management of catchment areas, watershed management, ground water management, soil and moisture conservation, needs of local community and such other aspects of ecology and environment that need attention”.
All mining and stone quarrying activities are to be banned in the eco-sensitive zones except when undertaken for domestic use of bonafide residents. The same applies to felling of trees as well. Industrial and commercial establishments already in operation in the buffer zones, while they can be allowed to continue, will not be considered for expansion within the eco-sensitive zones. No new hydel projects will be allowed in the eco-sensitive zones except micor and mini hydel projects [of up to a maximum of 2,000 KW] and even these only if they serve the energy needs of the local communities, subject to consent of the concerned Gram Sabha and all other requisite clearances.
Through the notification, the Central Government “for effective monitoring” of the Eco-sensitive Zones has also constituted an 11-member State Level Eco-sensitive Zone Monitoring Committee chaired by the chief secretary and including a representative of the MoEF. This committee is to submit the annual action taken report of its activities as of 31 March of every year by 30 June of that year to the Ministry of Environment and Forests.
Sikkim has eight protected areas - one national park and seven wildlife sanctuaries - covering 2,183 sq km area of the state [which itself is spread over 7,096 sq kms].
THE EXPANSE OF ECO-SENSITIVE ZONES FOR SIKKIM AS PER THE MINISTRY OF ENVIRONMENT & FORESTS
- The Eco-Sensitive Zone varies from 25 metres to 200 metres from the boundary of the KHANGCHENDZONGA NATIONAL PARK. The extent of Eco-sensitive Zone sahll be 200 meters, where the area is contigous with the cold desert in the northern high reaches of the Ntional Park and the extent of the Eco-Sensitive Zone shall be 25 meters in the remaining portion of the park.
- The Eco-sensitive Zone for BARSEY RHODODENDRON SANCTUARY shall be 25 meters where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 meters. There shall be no Eco-sensitive Zone in the western boundary adjoining the international border with Nepal. In the South-West and in the part of the Northern side of the sanctuary, the extent of Eco-sensitive Zone would be upto the outer bank of river Rammom and river Simpok.
- The extent of Eco-sensitive Zone shall be 25 meters all around the boundary of the FAMBONGLHO WILDLIFE SANCTUARY in East Sikkim.
- The extent of Eco-sensitive Zone is 25 meters from the boundary of the KITAM BIRD SANCTUARY and in the south-western part, the extent of Eco-sensitive Zone shall be up to the outer bank of the river Rangit.
- The extent of Eco-sensitive Zone varies from 25 meters to 200 meters from the boundary of the KYONGNOSLA ALPINE SANCTUARY. The extent of Eco-sensitive Zone shall be 25 meters where the slope is more than 45 degree and in the eco-fragile eastern part of the sanctuary, the extent of Eco-sensitive Zone shall be 200 meters. In the northern and north-western part, the extent of eco-sensitive zone shall be up to the outer bank of the river Ratey Chhu, which forms the boundary of the eco-sensitive zone.
- The extent of Eco-Sensitive Zone varies from 25 meters to 50 meters from the boundary of the MAENAM WILDLIFE SANCTUARY. The extent of eco-Sensitive zone shall be 25 meters where the slope is more than 45 degree and where the slope is less than 45 degree, the extent of Eco-Sensitive Zone shall be 50 meters.
- The Eco-sensitive Zone varies from 25 meters to 50 meters from the western boundary of the PANGOLAKHA WILDLIFE SANCTUARY. The extent of Eco-sensitive Zone shall be 25 meters where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 metres.
- The Eco-sensitive Zone varies from 25 meters to 50 meters from the boundary of the SHINGBA RHODODENDRON SANCTUARY and the extent of the said Eco-sensitive Zone shall be 25 meters, where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 metres.
Eco-Sensitive Zones as explained by MoEF
The eco sensitive zones need to be declared in order to provide better sanctity to protected areas; as an additional tool to strengthen the buffers and corridors around the Protected Area network; and to check the negative impact of industrialization and unplanned development in and around Protected Areas. In this background the Indian Board for Wildlife in its XXI meeting held on 21st January 2002 under the Chairmanship of Hon’ble Prime Minister had adopted a ‘Wildlife Conservation Strategy-2002’ in which one of the action point envisaged to notify lands falling within 10 km of the boundaries of National Parks and Sanctuaries as Eco-fragile zones under the Environment (Protection) Act, 1986.
After concern raised by the State Governments like Himachal Pradesh, Rajasthan and Goa, over applicability of the 10 Kms range from the Protected Area boundary and informed that most of the human habitation and other areas including important cities in these States would come under the purview of eco-sensitive zone and will adversely affect the development, it has been decided that the delineation of eco-sensitive zones would have to be site specific and relate to regulation, rather than prohibition, of specific activities. The decision was communicated to all the State Governments for compliance.
[This information was given by the then Minister of State for Environment and Forests S. Regupathy, in a written reply to a question by Shri Asaduddin Owaisi in the Lok Sabha on 12 March 2008].
The Ministry of Environment & Forests, on the prodding of the Supreme Court, accepts that it needs to “conserve and protect” areas around nature reserves and wildlife sanctuaries “to protect and propagate improvement and development of the wildlife therein and its environment”. These protected buffer zones are the Eco-Sensitive Zones bordering such reserves and while the Supreme Court had earlier mandated that this be an impractical [for small states like Sikkim] 10 km buffer, it allowed states and the central government to reduce this zone to smaller pockets in light of practicality and in consultation with experts. A drastic whittling was sought in Sikkim from the projected 10 kms to slivers of 25 metre strips. There were protests and objections, but the MoEF has clearly remained unmoved and has notified the eco-sensitive zones for eight nature reserves of Sikkim to bands ranging from 25 metres to 200 metres and an upper limit of 50 metres in some instances. In that sense, it has made no changes to the draft notification it had circulated in February 2014 and invited suggestions and objections.
It has clearly affected no changes to the draft circulated in February and the publication of the final notification also bypasses the National Board for Wildlife (NBWL) – which is under the same ministry but is chaired by the Prime Minister – and has also ignored an order of the Supreme Court, critics of the move allege.
The draft notifications were issued on 04 February inviting “objections and suggestions from all persons likely to be -Lachung in North Sikkim comes within the Eco-Sensitive Zone buffer of the Singba Rhododendron Sanctuary.
- affected thereby, within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public”.
The notifications announcing the eco-sensitive zone details for Sikkim cover the Pangolakha Wildlife Sanctuary, Singba Rhododendron Sanctuary, Fambonglho Wildlife Sanctuary, Kyongnosla Alpine Wildlife Sanctuary, Khangchendzonga National Park, Mainam Wildlife Sanctuary, Kitam Bird Sanctuary and Barsey Rhododendron Sanctuary.
Interestingly, Mainam Wildlife Sanctuary, Kitam Bird Sanctuary and Barsey Rhododendron Sanctuary were not included in the original proposal and were apparently brought under the ambit of the new proposal later.
Needless to add, critics of the proposal have been quick to condemn the development. Tseten Tashi Bhutia of SIBLAC, members of whose organization had challenged the Tashiding hydel project on the grounds that it fell within the [original] eco-sensitive zone of the KNP and hence should be scrapped. SIBLAC had also petitioned MoEF, along with around 25 others including Affected Citizens of Teesta, with their objections to any drastic reduction in the expanse of the eco-sensitive zones.
Speaking to NOW! over the phone, Mr. Bhutia said that the Ministry had neither heard or paid heed to concerns of the people not intimated him or others about the reasons why their suggestions were not considered.
He sees this as “step-motherly” treatment of the people of Sikkim whose “genuine concerns” have been brushed aside.
“Our suggestions and complaints on the draft notifications were neither acknowledged nor were we informed of any action taken on the matter. People have voted BJP for change and uproot corruption from the country but it’s becoming bad to worse. If the Govt of India cannot save the future then they should return Sikkim to its earlier status. If not, they should also listen to us,” Mr. Bhutia said.
Meanwhile, ACT has already served a legal notice to the Ministry of Environment and Forests on the matter and is planning to take legal recourse.
The Supreme Court order had pegged a 10 km protective zone (technically called the Eco-Sensitive Zone under the Environment Protection Act) to be enforced around sanctuaries unless the Centre and the State governments notified a different perimeter based on scientific assessment. These buffer zones were mandated to ensure that the wildlife parks did not get affected by industrial and development activities to close to its borders.
As things stand for nature reserves in Sikkim, the eco-sensitive zones have mostly been marked for corridors ranging from 25 to 200 metres. In most cases, the extent of Eco-Sensitive Zone is 25 meters from the border where the slope is more than 45 degrees, and, in the eco-fragile part of the sanctuary, the zone extends to 200 meters.
The gazette notifications come with detailed references and maps of the eco-sensitive zones and list villages which already fall within these areas.
The Eco-Sensitive Zones are to be managed better and for this purpose, the notification requires the State Government to Zonal Master Plans within two years from the date of publication of the notification for the consideration and approval of the Central Government. Unfortunately, while this master plan is to be prepared in consultation with the residents of the buffer zones, they will be clearly outnumbered by babus with as many as nine government departments to be included in the consultation process.
The Zonal Master Plans are to provide for “restoration of degraded areas, conservation of existing water bodies, management of catchment areas, watershed management, ground water management, soil and moisture conservation, needs of local community and such other aspects of ecology and environment that need attention”.
All mining and stone quarrying activities are to be banned in the eco-sensitive zones except when undertaken for domestic use of bonafide residents. The same applies to felling of trees as well. Industrial and commercial establishments already in operation in the buffer zones, while they can be allowed to continue, will not be considered for expansion within the eco-sensitive zones. No new hydel projects will be allowed in the eco-sensitive zones except micor and mini hydel projects [of up to a maximum of 2,000 KW] and even these only if they serve the energy needs of the local communities, subject to consent of the concerned Gram Sabha and all other requisite clearances.
Through the notification, the Central Government “for effective monitoring” of the Eco-sensitive Zones has also constituted an 11-member State Level Eco-sensitive Zone Monitoring Committee chaired by the chief secretary and including a representative of the MoEF. This committee is to submit the annual action taken report of its activities as of 31 March of every year by 30 June of that year to the Ministry of Environment and Forests.
Sikkim has eight protected areas - one national park and seven wildlife sanctuaries - covering 2,183 sq km area of the state [which itself is spread over 7,096 sq kms].
THE EXPANSE OF ECO-SENSITIVE ZONES FOR SIKKIM AS PER THE MINISTRY OF ENVIRONMENT & FORESTS
- The Eco-Sensitive Zone varies from 25 metres to 200 metres from the boundary of the KHANGCHENDZONGA NATIONAL PARK. The extent of Eco-sensitive Zone sahll be 200 meters, where the area is contigous with the cold desert in the northern high reaches of the Ntional Park and the extent of the Eco-Sensitive Zone shall be 25 meters in the remaining portion of the park.
- The Eco-sensitive Zone for BARSEY RHODODENDRON SANCTUARY shall be 25 meters where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 meters. There shall be no Eco-sensitive Zone in the western boundary adjoining the international border with Nepal. In the South-West and in the part of the Northern side of the sanctuary, the extent of Eco-sensitive Zone would be upto the outer bank of river Rammom and river Simpok.
- The extent of Eco-sensitive Zone shall be 25 meters all around the boundary of the FAMBONGLHO WILDLIFE SANCTUARY in East Sikkim.
- The extent of Eco-sensitive Zone is 25 meters from the boundary of the KITAM BIRD SANCTUARY and in the south-western part, the extent of Eco-sensitive Zone shall be up to the outer bank of the river Rangit.
- The extent of Eco-sensitive Zone varies from 25 meters to 200 meters from the boundary of the KYONGNOSLA ALPINE SANCTUARY. The extent of Eco-sensitive Zone shall be 25 meters where the slope is more than 45 degree and in the eco-fragile eastern part of the sanctuary, the extent of Eco-sensitive Zone shall be 200 meters. In the northern and north-western part, the extent of eco-sensitive zone shall be up to the outer bank of the river Ratey Chhu, which forms the boundary of the eco-sensitive zone.
- The extent of Eco-Sensitive Zone varies from 25 meters to 50 meters from the boundary of the MAENAM WILDLIFE SANCTUARY. The extent of eco-Sensitive zone shall be 25 meters where the slope is more than 45 degree and where the slope is less than 45 degree, the extent of Eco-Sensitive Zone shall be 50 meters.
- The Eco-sensitive Zone varies from 25 meters to 50 meters from the western boundary of the PANGOLAKHA WILDLIFE SANCTUARY. The extent of Eco-sensitive Zone shall be 25 meters where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 metres.
- The Eco-sensitive Zone varies from 25 meters to 50 meters from the boundary of the SHINGBA RHODODENDRON SANCTUARY and the extent of the said Eco-sensitive Zone shall be 25 meters, where the slope is more than 45 degree and the places where the slope is less than 45 degree, the extent of Eco-sensitive zone shall be 50 metres.
Eco-Sensitive Zones as explained by MoEF
The eco sensitive zones need to be declared in order to provide better sanctity to protected areas; as an additional tool to strengthen the buffers and corridors around the Protected Area network; and to check the negative impact of industrialization and unplanned development in and around Protected Areas. In this background the Indian Board for Wildlife in its XXI meeting held on 21st January 2002 under the Chairmanship of Hon’ble Prime Minister had adopted a ‘Wildlife Conservation Strategy-2002’ in which one of the action point envisaged to notify lands falling within 10 km of the boundaries of National Parks and Sanctuaries as Eco-fragile zones under the Environment (Protection) Act, 1986.
After concern raised by the State Governments like Himachal Pradesh, Rajasthan and Goa, over applicability of the 10 Kms range from the Protected Area boundary and informed that most of the human habitation and other areas including important cities in these States would come under the purview of eco-sensitive zone and will adversely affect the development, it has been decided that the delineation of eco-sensitive zones would have to be site specific and relate to regulation, rather than prohibition, of specific activities. The decision was communicated to all the State Governments for compliance.
[This information was given by the then Minister of State for Environment and Forests S. Regupathy, in a written reply to a question by Shri Asaduddin Owaisi in the Lok Sabha on 12 March 2008].
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