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The Ministry of Environment, Forest and Climate Change (MoEFCC) has come up with draft notification S.O. 5816(E) on 27 October 2026, to revise Eco-Sensitive Zone (ESZ) around Mahananda Wildlife Sanctuary, West Bengal.
The draft proposes an ESZ extending from 1 kilometre to 18.16 kilometres from the sanctuary boundary, covering approximately 539.86 square kilometres. It also sets out proposed restrictions and conditions for industries, hotels, resorts, construction projects, waste-treatment facilities and other activities within the identified area.
This information is important for industrial and business activities, particularly for those who wish to undertake new projects/expansions within the vicinity of the sanctuary. The draft notification, however, does not alter the present ESZ, and hence, all the existing laws would apply. Businesses must review the proposal based on existing laws. The consultation process does not require businesses to provide an explanation for their objections/suggestions.
| Particular | Details |
| Issuing authority | Ministry of Environment, Forest and Climate Change |
| Notification number | S.O. 5816(E) |
| Notification date | 27 October 2026 |
| Gazette publication | 28 October 2026 |
| Protected area | Mahananda Wildlife Sanctuary |
| State | West Bengal |
| Districts referenced in proposed geographic extent | Darjeeling, Kalimpong and Jalpaiguri |
| Sanctuary area | 161.17 sq. km |
| Proposed ESZ extent | 1 km to 18.16 km |
| Proposed ESZ area | Approximately 539.86 sq. km |
| Governing legislation | Environment (Protection) Act, 1986 |
| Earlier final notification | S.O. 3237(E), dated 22 September 2020 |
| Earlier draft notification | S.O. 3832(E), dated 6 September 2024 |
| Public consultation | 60 days from the date Gazette copies are made available to the public |
| Current legal status | Draft notification, proposed provisions are not automatically operative |
The notification contains detailed boundary descriptions, geographical coordinates, proposed restrictions and arrangements for monitoring activities within the ESZ.
An Eco-Sensitive Zone is an area identified around a protected ecosystem where development activities are regulated to reduce environmental pressure on wildlife habitats.
ESZ notifications are issued under the Environment (Protection) Act, 1986. They aim to balance environmental conservation with appropriate development and the needs of local communities.
Earlier ESZ Notification of 2020
The MoEFCC issued final notification S.O. 3237(E) on 22 September 2020, declaring a uniform five-kilometre Eco-Sensitive Zone around Mahananda Wildlife Sanctuary.
The notification specified an ESZ area of 405.28 square kilometres.
It also established a framework for regulating activities such as mining, industrial operations, construction, tourism and pollution-generating activities.
These restrictions are important because the 2026 draft should not be mistaken for the first introduction of environmental controls around the sanctuary.
Draft Notification of September 2024
The Ministry issued draft notification S.O. 3832(E) on 6 September 2024, proposing a revision to the ESZ from 1 km to 18.16 km.
The extent of the proposed area was about 539.86 square kilometres.
The October 2026 notification thus revives a geographical proposal that was previously made in the 2024 notification process.
Legal Position of the October 2026 Draft
The latest draft refers to supersession of the earlier final and draft notifications. However, publication of a proposed replacement does not automatically establish that the earlier final framework has been legally repealed.
The records reviewed by the officials highlight the 2020 final notification and subsequent drafts. Hence, business entities are advised to analyse the nature and extent of their obligations against the operative notifications, subsequent amendments and associated Judicial Directions. The October 2026 notification should be considered as a draft notification until it is finally published.
What Does the Mahananda Wildlife Sanctuary ESZ Draft Notification 2026 Propose to Change?
The central proposal concerns the geographical extent of the Eco-Sensitive Zone, and the regulatory arrangements for activities within that area.
The draft also provides a detailed framework covering prohibited activities, regulated development, sustainable local activities, environmental planning and monitoring.
Proposed Revision of ESZ Boundaries
The 2020 notification specified a uniform five-kilometre boundary, while the latest draft proposes different distances around different parts of the sanctuary.
Under the proposal, the ESZ would extend between 1 kilometre and 18.16 kilometres, depending on its location.
This makes the official boundary map particularly important for businesses assessing land and project locations.
Proposed Regulation of Commercial Activities
The draft contains restrictions relating to pollution-generating industries, mining, waste-treatment facilities, commercial construction, tourism and other activities.
It also identifies activities that may be permitted subject to applicable laws, government approvals and planning conditions.
Earlier Framework Compared With the 2026 Proposal
| Particular | 2020 Final Notification | 2026 Draft Proposal |
| ESZ boundary | Uniform 5 km | Variable 1-18.16 km |
| ESZ area | 405.28 sq. km | Approximately 539.86 sq. km |
| Legal status | Final notification | Draft proposal |
| Geographical approach | Uniform boundary | Location-specific boundary |
| Activity restrictions | Existing regulatory framework | Proposed revised framework |
| Planning requirements | Zonal Master Plan provisions | Proposed planning and monitoring provisions |
The proposed variable boundary was also included in the September 2024 draft. Therefore, the October 2026 document should be understood as a fresh draft rather than an entirely new geographical proposal.
The proposed boundary is one of the most important parts of this notification for landowners, investors and project developers.
Proposed ESZ Area and Extent
Mahananda Wildlife Sanctuary covers approximately 161.17 square kilometres and forms part of an important wildlife landscape in North Bengal.
The sanctuary supports wildlife movement, including elephant corridors connecting nearby forest areas.
The proposed ESZ would cover approximately 539.86 square kilometres around the protected area.
The distance would vary from 1 kilometre to 18.16 kilometres.
This does not mean that every property within an 18.16-kilometre radius automatically falls inside the proposed ESZ. The actual boundary must be determined using the official maps and geographical descriptions.
Districts and Locations Covered
The English geographical provision of the draft refers to Darjeeling, Kalimpong and Jalpaiguri districts in West Bengal.
The notification's introductory description of the sanctuary primarily refers to Darjeeling and Jalpaiguri. Exact geographical applicability should therefore be established from the notified boundary descriptions and official maps.
Villages, Tea Gardens and Forest Areas
Annexure IV contains 69 entries identifying revenue villages, tea gardens and forest areas associated with the proposed ESZ.
These include locations such as Gulmakhari, Rohini Tea Garden, Sittong Forest, Latpanchar, Mongpong and areas associated with Baikunthapur Forest.
The inclusion of an area in the annexure is relevant to geographical assessment, but the actual position of an individual property must still be checked against the official boundaries.
How Can Businesses Verify Their Project Location?
A company planning an industrial, hospitality or infrastructure project near the sanctuary should review the relevant ESZ maps before making location-dependent decisions.
Important checks include the official boundary description, geographical coordinates, land survey records, land-use classification and applicable development permissions.
Where the location is uncertain, confirmation from the competent government authority may be necessary.
Businesses should also distinguish the currently notified boundary from the boundary proposed in the latest draft.
The draft includes a detailed list of prohibited activities.
Some of these activities are already restricted under the existing ESZ framework or other environmental laws. Their inclusion in the new draft should not automatically be described as a newly introduced prohibition.
Commercial Mining, Quarrying and Stone Crushing
The draft lists restrictions on new and existing commercial mining, stone quarrying and crushing units within the ESZ.
It preserves a limited exception for genuine domestic needs of local residents, including certain earth-digging activities for construction or repair of houses.
Commercial mining activities must also comply with applicable judicial directions.
Businesses involved in mining or stone crushing should examine the existing legal restrictions independently of the proposed boundary revision.
Establishment of Polluting Industries
The draft proposes that new polluting industries should not be established within the ESZ.
It also lists restrictions on the expansion of pollution-generating industries.
The notification refers to pollution involving air, water, soil and noise.
Existing industrial operators should review their pollution-control arrangements and the conditions of their current approvals.
Hazardous Waste and Hazardous Substances
The proposal restricts hazardous waste treatment facilities within the ESZ.
It also provides that hazardous waste generated inside the proposed zone would be taken outside for treatment, while hazardous waste generated outside the zone could not be brought inside for handling, processing or treatment.
The applicable national hazardous waste rules would continue to require separate compliance.
Other Prohibited Activities
The draft also lists restrictions concerning:
It is important to note the difference for plastic restrictions. The draft notification refers to an older version where use of plastic by commercial establishments less than 50 microns is prohibited while the central rules prohibit plastic carry bags of less than 120 microns (subject to the provisions of the relevant law). The older restriction in the draft notification does not allow use of thin plastic carry bags which are prohibited as per the central rules.
The draft makes specific proposals for different waste streams.
| Waste Category | Proposed ESZ Treatment |
| Hazardous waste | Restricts hazardous waste treatment facilities and specified handling within the ESZ |
| Biomedical waste | Proposes that treatment facilities should be located outside the ESZ |
| Plastic waste | Proposes restrictions on locating treatment facilities and processing waste within the ESZ |
| E-waste | Proposes restrictions on treatment facilities and waste processing within the ESZ |
| Solid waste | Provides conditions for management and restricts processing within the ESZ of waste generated outside it |
These restrictions should not be reduced to a statement that every waste-management activity is prohibited.
Waste collection, segregation, transportation, disposal and treatment are different activities and must be assessed under the applicable provisions.
The draft also refers to older national waste-management regulations. By October 2026, the Solid Waste Management Rules, 2026, the E-Waste (Management) Rules, 2022, and the Environment (Construction and Demolition) Waste Management Rules, 2025, form part of the updated national regulatory framework.
Businesses should follow the currently applicable laws while assessing the additional location-specific provisions proposed for the ESZ.
Not every activity within an Eco-Sensitive Zone is prohibited.
The draft distinguishes between prohibited activities, regulated activities and activities encouraged for sustainable development.
Non-Polluting Small-Scale Industries
The proposal provides for certain non-polluting industries, small-scale businesses and cottage industries to operate subject to applicable conditions.
Agro-based activities using locally available materials are also addressed.
However, an industry cannot determine its eligibility simply by describing itself as small or environmentally friendly.
Its actual processes, emissions, waste generation and applicable pollution-control classification must be considered.
Agriculture, Horticulture and Local Livelihoods
The draft provides for the continuation of agricultural and horticultural practices undertaken by local communities, subject to applicable laws.
It also addresses dairies, dairy farming, aquaculture and fisheries.
The purpose is to accommodate legitimate local livelihood activities while protecting the surrounding environment.
Infrastructure and Public Utilities
Infrastructure development is treated as a regulated activity rather than being universally prohibited.
Relevant activities include road widening, new roads, communication infrastructure, electricity facilities and civic amenities.
Such projects may require environmental safeguards, land-use permissions or other approvals depending on their nature and location.
Other Regulated Activities
The proposal also addresses tree felling, collection of forest produce, borewells, vehicle movement at night, commercial signage, aerial tourism activities, protection of riverbanks and discharge of treated wastewater.
The classification of an activity as regulated does not mean it is automatically approved.
The hospitality and construction sectors are directly relevant to the proposed ESZ framework.
Businesses considering a hotel, resort or other commercial development should examine the location-specific provisions before proceeding.
Restrictions Within One Kilometre
The draft contains restrictions on new commercial hotels, resorts and commercial construction within one kilometre of the protected area boundary, or up to the ESZ boundary where that is nearer.
These restrictions are not entirely new concepts. Similar conditions appear in the earlier ESZ framework.
The latest draft retains this approach while proposing revised geographical coverage.
Development Beyond One Kilometre
Beyond the specified one-kilometre distance, the draft provides for regulated tourism development in accordance with the Tourism Master Plan and applicable guidelines.
It also refers to designated areas for eco-tourism facilities.
This means that being more than one kilometre from the sanctuary does not automatically make a new commercial project permissible.
The property's location, land classification and development permissions remain important.
Existing Tourism Projects
The draft addresses new tourism activities and expansion of existing operations.
Projects may require examination against the Tourism Master Plan, the carrying capacity of the ESZ and other applicable regulatory conditions.
Businesses considering additional buildings or expansion of facilities should review these requirements before making significant investments.
Eco-Tourism and Homestays
The proposed framework also recognises certain eco-tourism facilities, local amenities and homestay-related activities.
However, the relevant conditions do not amount to unrestricted permission for commercial development.
Development Pending the Zonal Master Plan
The draft contains interim arrangements concerning tourism development while the Zonal Master Plan is awaiting approval.
It requires review by regulatory authorities and the Monitoring Committee. During the specified interim period, new hotels, resorts and commercial establishments would not be allowed to be built.
These provisions should not be presented as new enforceable restrictions unless and until their legal commencement is established.
For industrial businesses, the proposed geographical revision may be as important as the activity restrictions themselves.
An industrial project should first establish which ESZ boundary currently applies and whether its location would fall within the proposed revised area.
A valid pollution-control consent or other approval does not automatically override an activity-specific prohibition imposed by applicable law.
The draft refers to pollution-control technologies and noise barriers for existing industries.
These measures should be read alongside existing legal obligations rather than treated as entirely new duties created by the consultation draft.
Where a proposed project requires an Environmental Clearance, Consent to Establish or another approval, that requirement must be determined under the relevant governing law.
The draft proposes a planning and monitoring framework to guide development within the ESZ.
Preparation of the Zonal Master Plan
The West Bengal State Government would be responsible for preparing the Zonal Master Plan in consultation with local communities and relevant departments.
The draft provides for preparation within two years from publication of the relevant notification.
This should not be interpreted as a two-year compliance deadline beginning immediately for every business upon publication of the October 2026 draft.
Land-Use and Environmental Planning
The proposed plan would identify existing land uses, forests, villages, agricultural areas, water bodies, settlements and environmentally sensitive locations.
It would also address restoration of degraded land, water conservation, groundwater management and the protection of local livelihoods.
Monitoring Committee
The draft proposes a Monitoring Committee headed by the concerned District Collector.
The committee would include relevant government representatives, and environmental expertise, with the concerned Divisional Forest Officer serving as Member-Secretary.
Its functions would include scrutiny of relevant activities and referral of matters to the appropriate regulatory authorities.
Environmental Clearances and Monitoring Reports
Projects covered under the Environmental Impact Assessment framework would remain subject to the applicable approval requirements.
The draft also provides for an annual action-taken report to be submitted by the Monitoring Committee to the State's Chief Wildlife Warden by 30 June.
This is a proposed reporting responsibility of the committee. It is not a general annual ESZ return filing requirement imposed on all businesses.
The October 2026 notification invites objections and suggestions from interested persons.
Affected stakeholders can use this opportunity to raise concerns about the proposed ESZ boundaries, restrictions on activities and other provisions in the draft.
Public Consultation Period: The English Gazette text provides a consultation period of 60 days from the date on which copies of the Gazette containing the draft notification are made available to the public.
A precise final date should be published only after confirming the applicable starting date.
Who Can Submit Suggestions?
Interested stakeholders, including businesses, residents, landowners and other affected persons, may submit written representations.
Submission Details
Representations may be sent to:
The Secretary
Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan, Jorbagh Road
Aliganj, New Delhi - 110003
Email: esz-mef@nic.in
A useful representation should clearly identify the relevant draft provision, affected location and reasons supporting the objection or suggestion.
Supporting land records, maps or project information may be included where relevant.
Submitting a representation does not guarantee that the government will amend the proposal.
Alongside restrictions, the draft encourages activities that support environmental protection and local livelihoods.
Renewable Energy and Green Technology
The promoted activities include renewable energy, such as solar energy and biogas, together with environmentally friendly technologies.
These activities may support more sustainable use of resources, subject to applicable land-use and regulatory requirements.
Sustainable Agriculture and Cottage Industries
Organic farming, agroforestry, horticulture and village-based cottage industries are included among the promoted activities.
These provisions recognise the importance of supporting local economic activity without placing unnecessary pressure on the protected ecosystem.
Conservation and Restoration
The draft also encourages rainwater harvesting, habitat restoration, environmentally friendly transport, environmental awareness and sustainable forest management.
Promotion of these activities does not automatically exempt a project from applicable permissions or environmental restrictions.
The proposal may influence future decisions concerning industrial sites, hospitality development, infrastructure and waste-management facilities.
The impact would differ according to the activity and the location involved.
| Stakeholder | Main Business Consideration |
| Manufacturers | Industrial classification, site suitability and expansion |
| Hotels and resorts | Tourism planning, construction conditions and location |
| Property developers | Land use, building permissions and boundary verification |
| Mining operators | Existing prohibitions and applicable judicial directions |
| Waste-management companies | Treatment facility locations and waste movement conditions |
| Tea gardens and agricultural businesses | Land-use requirements and permitted local activities |
| Infrastructure companies | Project approvals, location restrictions and environmental assessment |
A project does not necessarily become prohibited simply because its location is mentioned in the draft.
Equally, obtaining one regulatory approval does not guarantee that a proposed activity complies with every applicable environmental restriction.
Businesses should assess these matters before proceeding with land acquisition, expansion or construction commitments.
Businesses operating near Mahananda Wildlife Sanctuary do not need to assume that every proposed provision is immediately enforceable.
However, reviewing the proposal can help them make informed decisions.
These steps help businesses prepare without assuming that the draft creates an immediate new registration or approval requirement.
Planning an industrial, construction or tourism project near a protected area requires a clear understanding of its location and applicable environmental restrictions.
Corpseed provides environmental compliance and approval-related services that may assist businesses in assessing relevant requirements.
Depending on the project and the applicable law, support may include:
A consultancy service is not a substitute for statutory approval, and not every project requires every permission.
Planning a project near Mahananda Wildlife Sanctuary? Explore Corpseed's environmental compliance services to understand the approvals and location-related restrictions relevant to your business before proceeding.
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