SC may allow relaxation in buffer zone mandate

New Delhi: The Supreme Court has promised to consider the granting of relaxation in the buffer zone mandate to have a one-km ecologically sensitive zone (ESZ) around protected forests and sanctuaries, including in Kerala.

The apex court made the oral assurance while agreeing to consider a review petition filed by Kerala pleading not to implement the earlier court judgment in June last year, when it directed strict stipulations with respect to buffer zones, in the case of protected areas for which draft notifications have been issued by the Centre.

The Ministry of Environment, Forest and Climate Change (MoEF-CC) issued the final notification only in the case of Mathikettan Shola National Park in Kerala. All the other protected forests in the state are in the draft notification stage.

A bench led by Justices B R Gavai and M M Sundaresh made it clear that the relaxation in the one-km buffer-zone mandate would be granted in the case of protected areas for which final notifications were issued.

It has come as a big relief to Kerala, which has human habitations within the proposed one-km buffer zone around most of its 23 wildlife sanctuaries and national protected forests.

The apex court will consider the Centre’s petition seeking to review the June three verdict on January 16. The earlier judgment was delivered by a bench comprising three justices. Whether a two-member bench is authorized to bring in changes in the verdict will be examined on Monday next.

The Central Government seeks exemption from the implementation of the buffer zone order in the case of protected forests and sanctuaries, for which draft and final notifications have been issued and suggestions arrived from the state. The Kerala Government and various farmers’ organizations have filed petitions seeking to make them a party to the case. The apex court will also consider the pleas.

Solicitor General Tushar Mehta, who ought to have represented the Centre, appeared before a constitution bench of the Supreme Court in another case, and hence, a detailed argument in the Buffer Zone relaxation case couldn’t be conducted on Wednesday.

Senior advocate Jaydeep Gupta and Standing Counsel Nishe Rajan Shankar, appearing for the state, argued that the Buffer zone verdict has led to widespread concerns in the state. Amicus Curiae K Parameshwar, who helps the Supreme Court on the topic, too pointed out that many other states have similar concerns.

He suggested that the matter should be considered in the larger public interest and that it would be apt to adopt a holistic approach.

Advocate Jaideep Gupta informed the Supreme Court that even the Kerala High Court building in Ernakulam is affected by the buffer zone regulation for the Mangalavanam bird sanctuary. When Gupta mentioned other protected areas in the state affected by buffer zone regulations, the court pointed out that it had allotted relaxations in petitions that came up before it earlier.

The senior lawyer replied that the same was with regard to protected areas for which final notifications were issued and in the case of Kerala, except for one case, all others are still at the draft notification stage. Advocates V K Biju and V Ushanandini appeared for Periyar Protection Valley Movement and for Kerala Independent Farmers Association (KIFA) representative Shelly Joseph, respectively.

The apex court, though, is yet to make it clear when it would consider the review petitions filed by the Kerala Government and KIFA against the June verdict.