Buffer Zone: Can't rehabilitate people, Kerala govt seeks relaxation in 1 km ESZ rule

New Delhi: The Kerala government on Monday approached the Supreme Court seeking a relaxation of the apex court's order issued on June 3, 2022. The order mandates a minimum 1 Km Eco Sensitive Zone around all protected forests in the country.

While passing the order, the Supreme Court had noted that uniform guidelines may not be possible in respect of each sanctuary or national park for maintaining ESZ and therefore, directed the States to approach the Central Empowered Committee (CEC) and MoEF-CC seeking relaxation as and when required, in the public interest.

The Kerala Government had previously filed a petition seeking a review of the order. Among other things, the review was sought on the ground that "certain facts peculiar to the State of Kerala" were not brought to the notice of the court.

It is said that the population density of Kerala is more than twice the population density of the country and the mandatory ESZ along with the ban on permanent constructions there will create "insurmountable difficulties" in the State.

The total forest area of Kerala comes to 11521.813 sq. km which amounts to 29.65% of the geographical area of the State. As per the 2011 census, the population density of Kerala comes to 860 people per sq. km which was 435 in 1961 indicating population growth of an average annual rate of 12.37%.

Additionally, it was submitted that a large number of small and medium townships with human habitations and attendant facilities have already been developed, over the past several decades, within the proposed buffer zone of 1 km from forests. Also, large areas of land have already been assigned to persons who were occupying forest areas in terms of the Kerala Land Assignment Special Rules of 1993, which has been upheld by the Supreme Court in the decision Nature Lovers Movement v. State of Kerala, reported in 2009 (5) SCC 373. There is no scope for resettling the inhabitants given the absolute paucity of land in Kerala.

The review petition, as well as the intervention application, alleges that while passing the order, the Supreme Court had not taken into consideration the ESZ proposals in respect of which the MoEF-CC had issued final notification.

Kerala has already submitted its proposal for 17 wildlife sanctuaries and 6 national parks, which were being considered by the MoEF-CC. Draft notification had been issued for all these Protected Areas except Periyar National Park. In the case of Mathikeetan Shola National Park, the final notification has been issued by the MoEF-CC. The proceedings to issue final notifications are underway for 20 Protected Areas for which the draft notification had already been issued. The draft ESZ proposal of Karimpuzha Wildlife Sanctuary is pending submission.

The application filed by the Kerala government spells out that adjudication of the application would give finality to the ground that exemption is granted to the proposals in which final or draft notification has already been issued and pending consideration before MoEF-CC.

The main matter in which the Kerala government has now filed this Intervention Application through Advocate on Record, Mr Nishe Rajen Shonker, is to be taken up for hearing by the Supreme Court on Wednesday, January 11.

(With inputs from LiveLaw)