Purpose and Scope of the Eco-Sensitive Zone (ESZ) Notification

The primary objective of declaring Kumbhalgarh Wildlife Sanctuary an Eco-Sensitive Zone is to protect its unique ecosystem from activities that might negatively impact its environmental balance. The scope of the notification includes:

Preserving Biodiversity: Protecting the sanctuary’s flora and fauna by restricting industrial and harmful developmental activities.
Water Conservation: Ensuring the sustainable management of water bodies and catchment areas within the sanctuary.
Regulating Human Activities: Limiting human intervention within the ESZ to reduce ecological pressure on the region.
Sustainable Development: Promoting eco-friendly tourism and small-scale industries that align with conservation goals.
Public Participation: Inviting suggestions and objections from the public for better implementation and stakeholder involvement.

Zonal Master Plan for the Eco-Sensitive Zone

The Zonal Master Plan for the Eco-Sensitive Zone (ESZ) will guide the implementation of measures to balance ecological protection with the needs of local communities. The key points of the plan are:

Land Use Regulations: Integrating environmental concerns into land use planning while maintaining the area's ecological health.
Ecological Restoration: Implementing afforestation and habitat restoration projects in degraded or unused lands.
Sustainable Infrastructure: Enhancing existing infrastructure with eco-friendly and energy-efficient solutions.
Biodiversity Protection: Identifying and protecting vital ecological features such as forests, agricultural lands, and water bodies.
Water Resource Management: Ensuring effective conservation and management of natural water sources.
Tourism Control: Developing a comprehensive eco-tourism plan that respects the sanctuary's carrying capacity.
Monitoring and Evaluation: Establishing mechanisms to track the implementation and effectiveness of conservation measures.

Key Measures Proposed for State Government Implementation

The state government will be responsible for implementing various measures to ensure the effective conservation of the sanctuary and surrounding areas. Key actions include:

Land Use Restrictions: Prohibiting commercial, residential, and industrial development within forest, agricultural, or recreational spaces.
Protection of Tribal Land: Ensuring no commercial development occurs on tribal land without adhering to relevant laws.
Correction of Land Records: Addressing land record discrepancies in consultation with the Monitoring Committee.
Afforestation and Restoration: Reforesting unused agricultural lands and restoring damaged habitats.
Conservation of Water Bodies: Safeguarding rivers, springs, and channels by prohibiting harmful development activities.
Eco-Tourism Development: Aligning tourism infrastructure with eco-tourism guidelines to minimize environmental impact.
Regulation of Hotel and Resort Construction: Restricting the construction of hotels and resorts near the protected area.
Sustainability Guidelines: Ensuring all new tourism activities adhere to government eco-tourism guidelines.
Heritage Conservation: Identifying and preserving natural and man-made heritage sites within the ESZ.
Noise Pollution Control: Implementing measures to control noise pollution to protect wildlife.
Air Pollution Control: Reducing air pollution through compliance with the Air (Prevention and Control of Pollution) Act.
Effluent Management: Regulating the discharge of effluents to ensure water bodies are not contaminated.
Solid Waste Management: Implementing eco-friendly waste disposal practices within the ESZ.
Bio-Medical Waste Management: Ensuring proper disposal of bio-medical waste in compliance with national rules.
Plastic Waste Management: Promoting the reduction of plastic waste and encouraging proper disposal.
Industrial Pollution Control: Preventing the establishment of polluting industries within the ESZ and promoting small-scale, non-polluting industries.
Erosion Control: Prohibiting construction on steep slopes and erosion-prone areas.

Prohibited, Regulated, and Promoted Activities in the ESZ

The following activities will be prohibited, regulated, or promoted within the ESZ:

S. No.	Activity	Description
A. Prohibited Activities
1	Commercial Mining, stone quarrying and crushing units.	(a) All new and existing (minor and major minerals), stone quarrying and crushing units shall be prohibited with immediate effect except for meeting the domestic needs of bona fide local residents including digging of earth for construction or repair of houses within Eco-sensitive Zone; (b) The mining operations shall be carried out in accordance with the order(s) of the Hon’ble Supreme Court dated dated the 4th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995; dated the 21st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012; and IA No. 1000 of 2003 dated the 03rd June, 2022 and subsequent IA No. 131377 of 2022 judgment dated the 26th April, 2023 and the 28th April, 2023.
2	Setting of industries causing pollution (Water, Air, Soil, Noise, etc.).	Establishement of new and expansion of existing polluting industries in the Eco-sensitive Zone shall not be permitted. Pollution prevention technologies and noise barriers should be installed by existing industries.
3	Establishment of major hydroelectric project.	Prohibited
4	Use or production or processing of any hazardous substances.	Prohibited
5	Discharge of untreated effluents in natural water bodies or land area.	Prohibited
6	Setting of new saw mills.	No new or expansion of existing saw mills shall be permitted within the Eco-sensitive Zone.
7	Setting up of brick kilns.	Prohibited
8	Commerical Use of firewood	Prohibited
9	Erection of new wind mills	Prohibited
10	Establishment of large scale commercial livestock and poultry farms by firms, company, corporate etc.	Prohibited; Provided that small scale poultry farms by local farmers can be established as per CPCB guidelines 2016 as amended from time to time.
B. Regulated Activities
11	Commercial establishment of hotels and resorts.	No new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the protected area or upto the extent of Eco-sensitive Zone, whichever is nearer, except for small temporary structures for eco-tourism activities; Provided that, beyond one kilometer from the boundary of the protected area or upto the extent of Eco-sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable.
12	Construction activities.	New commercial construction of any kind shall not be permitted within one kilometer from the boundary of the protected area or upto extent of the Eco-sensitive Zone, whichever is nearer: Provided that, local people shall be permitted to undertake construction in their land for their use including the activities mentioned in sub-paragraph (1) of paragraph 3 as per building bye-laws to meet the residential needs of the local residents. Provided further that the construction activity related to small scale industries not causing pollution shall be regulated and kept at the minimum, with the prior permission from the competent authority as per applicable rules and regulations, if any. Beyond one kilometer it shall be regulated as per the Zonal Master Plan
13	Small-scale non-polluting industries.	Non-polluting industries as per classification of industries issued by the Central Pollution Control Board in February 2016, as amended from time to time and non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous materials from the Eco-sensitive Zone shall be permitted by the competent Authority.
14	Felling of Trees.	(a) There shall be no felling of trees on the forest or Government or revenue or private lands without prior permission of the competent authority in the State Government. (b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made there under
15	Collection of Forest produce or Non-Timber Forest Produce (NTFP).	Regulated under applicable laws.
16	Erection of electrical and communication towers and laying of cables and other infrastructures.	Regulated under applicable law (Underground cabling may be promoted).
17	Infrastructure including civic amenities.	Shall be done with mitigation measures, as per the applicable laws, rules and regulations available guidelines.
18	Widening and strengthening of existing roads and construction of new roads.	Shall be done with mitigation measures, as per the applicable laws, rules and regulations available guidelines.
19	Under taking other activities related to tourism like over flying the ESZ area by hot air balloon, helicopter, drones, Microlites, etc.	Regulated under applicable law
20	Protection of Hill Slopes and river banks	Regulated under applicable law
21	Movement of vehicular traffic at night.	Regulated for commercial purpose under applicable laws.
22	Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries.	Permitted under applicable laws for use of locals.
23	Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies.	Regulated as per the applicable laws except for meeting local needs.
24	Discharge of treated waste water/effluents in natural water bodies or land area.	The discharge of treated waste water/effluents shall be avoided to enter into the water bodies. Efforts to be made for recycle and reuse of treated wastewater. Otherwise the discharge of treated waste water/effluent shall be regulated as per applicable laws.
25	Commercial extraction of surface and ground water.	Regulated under applicable law.
26	Open Well, Bore Well etc. for agriculture or other usage.	Regulated under applicable law
27	Solid Waste Management.	Regulated under applicable law
28	Introduction of Exotic species.	Regulated under applicable law
29	Eco-tourism.	Regulated under applicable law
30	Commercial Sign boards and hoardings.	Regulated under applicable law
31	Drastic change of agriculture systems	Regulated under applicable law
32	Fencing of premises of hotels and lodges	Regulated under applicable law
33	Air, vehicular and noise pollution	Regulated under applicable law
C. Promoted Activities
34	Rain water harvesting.	Shall be actively promoted.
35	Organic farming.	Shall be actively promoted.
36	Adoption of green technology for all activities.	Shall be actively promoted.
37	Cottage industries including village artisans, etc.	Shall be actively promoted.
38	Use of renewable energy and fuels.	Bio gas, solar light etc. to be actively promoted.
39	Agro-Forestry.	Shall be actively promoted.
40	Plantation of Horticulture and Herbals.	Shall be actively promoted.
41	Use of eco-friendly transport.	Shall be actively promoted.
42	Skill Development.	Shall be actively promoted.
43	Restoration of Degraded Land/ Forests/ Habitat.	Shall be actively promoted.
44	Environmental Awareness.	Shall be actively promoted.

Constitution and Role of the Monitoring Committee

The Monitoring Committee will oversee the implementation of the ESZ regulations and ensure compliance with environmental laws. The committee is composed of representatives from local government bodies, environmental NGOs, experts in ecology, and members from the Rajasthan Pollution Control Board. Its functions include:

Scrutinizing Activities: Reviewing activities within the ESZ and ensuring they comply with environmental guidelines.
Environmental Clearance: Ensuring that activities not on the prohibited list receive prior environmental clearance.
Annual Reports: Submitting annual action reports to the Chief Wildlife Warden to track progress.
Complaint Handling: Addressing complaints regarding violations of the notification.
Expert Consultation: Consulting experts as needed for specific cases related to the ESZ.

Legal Compliance and Court Orders

The provisions of the ESZ notification are subject to the legal framework set out by the Environment (Protection) Act, 1986, and other related laws. The ESZ designation is also in line with various Supreme Court orders aimed at protecting wildlife and forests. These include judgments related to mining, pollution, and the protection of tribal rights under the Forest Rights Act. The Monitoring Committee will ensure that all actions within the ESZ adhere to the legal requirements and Supreme Court directives.

Conclusion

The declaration of Kumbhalgarh Wildlife Sanctuary as an Eco-Sensitive Zone is a significant step toward conserving the region's rich biodiversity and fragile ecosystems. The proposed measures aim to protect the sanctuary's ecological integrity while promoting sustainable development for local communities. The ESZ notification, with its focus on monitoring, regulation, and community involvement, will serve as a model for future conservation efforts in India. Ensuring strict compliance with wildlife clearance certificates will be crucial in maintaining the long-term health of the sanctuary and its surrounding environment.

Eco-Sensitive Zone Proposal for Kumbhalgarh Wildlife Sanctuary: Safeguarding Biodiversity and Ecosystems

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Mahek Sancheti