Final Notification Declaring Eco Sensitive Zone S.O. No. 2942(E)Someshwara Wildlife Sanctuary, Karnataka

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 2611] NEW DELHI, FRIDAY, AUGUST 28, 2020/Bhadrapad 06, 1942 - II MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 28th August, 2020 S.O. 2942(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number S.O. 3858(E), dated the 25 th October, 2019, inviting objections and suggestions from all persons likely to be affected thereby within the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the Gazette containing the said draft notification were made available to the public on the 25 th October, 2019; AND WHEREAS, objections and suggestions were received from persons and stakeholders in response to the aforesaid draft notification were duly considered by the Central Government; AND WHEREAS, Someshwara Wildlife Sanctuary (named after Lord Someshwara, the presiding deity of the famous Someshwara Temple located within the Sanctuary) is situated in the Karkala and Kundapur Talukas of District Udupi and Thirthahalli Taluka, District Shivamogga in the State Karnataka and lies between 13 29’ and 13 36’ N latitude and 74 50’ and 75 05’ E longitude notified in 1979 and is spread over an area of 314.25 square kilometers; AND WHEREAS, the Wildlife Sanctuary is characterised by high rainfall ranging from 6000 millimeters to 8000 millimeters and is known as the ‘Chirrapunji of South India’; AND WHEREAS, the Someshwara Wildlife Sanctuary supports evergreen and semi- evergreen forest species in the hill slopes and semi-evergreen and mixed moist deciduous forest at foot hills and plains and degraded forest around habitations; AND WHEREAS, the major flora available in the Someshwara Wildlife Sanctuary are Calophyllum apetalum (Holi honne), Cinnamomum sulphuratum (Dalchini), Diospyros candollena (Kari mara), Hopea canarensis (Malai haiga), Hopea parviflora (Kiral bogi), Hopea ponga (Doddele bogi), Vanda spathulata (Orchid), Garcinia indica (Kokum), Hydnocarpus pentandra (Chalmogra yenne mara, Mirolhakai, Surti), Knema attenuate (Raktamara), etc; AND WHEREAS, the Someshwara Wildlife Sanctuary is rich in biodiversity, and as per the International Union for Conservation of Nature and Natural Resources (IUCN), some of the species which fall under category of critically endangered, vulnerable, near threatened are found in Someshwara Wildlife Sanctuary includes mammals including Panthera tigris (tiger), Panthera pardus (common leopard), Prionailurus rubiginosus (rusty spotted cat), Viverra civettina (malabar civet), Melursus ursinus (sloth bear), Elephas maximus (Asian elephant), Bos gaurus (gaur), Cervus unicolor (sambar), Petinomys uscocapillus (small travancore flying squirrel), Ratufa indica (Indian giant squirrel), Manis Crassicaudata (Indian pangolin), Platacanthomys lasiurus (Malabar spiny dormouse), Lutra lutra (common otter), Anoxy Cinerea (claw less Otter), etc.; AND WHEREAS, the major bird species recorded from the Sanctuary are Anthracoceros coronaatus (Malabar pied hornbill), Buceros bicornis (great hornbill), Ichthyophaga ichthyaetus (gray headed fish eagle), Anhinga melanogaster (darter), Ciconia episcopus (Woolly –necked Stork), Ficedula nigrorufa (Black and Orange Flycatcher), Eumyias albicaudata (Nilgiri fly catcher), etc. and reptiles such as Indotestudo foresteni (tortoise), Geochelone elegans (Indian flap shell turtle), Crocodylus palustris (Crocodiles), Naja Naja (Spectacled cobra), Ophiophagus Hannah (King cobra), etc; AND WHEREAS, Someshwara Wildlife Sanctuary is the habitat of numerous amphibians viz, Ansonia ornate (Malabar Torrent Tode), Bufo beddomii (Beddomi’s Tode), Ramanella montana (Jerdon's Narrow-mouthed Frog), Indirana leithii (Leith's leaping frog or Matheran Indian frog), Limnonectes limochaIrs ( Indian cricket frog), Micrixalus saxicolus (Malabar Tropical Frog), Nyctibatrachus deccanensis (Deccan night frog, Deccan wrinkled frog), Nyctibatrachus major (Malabar night frog), Nyctibatrachus sancti palustris (Coorg night frog or sacred swamp wrinkled frog), Rana aurantiaca (Trivandrum frog, the common wood frog), Rana temporalis (bronzed frog or Gunther’s golden-backed frog), Tomoptema rufescens (Rufescent Burrowing frog), etc. while butterflies species available in the Sanctuary are Idea malbarica (Malabar tree Nymph), etc.; AND WHEREAS, due to its high biodiversity value, occurrence of many critically endangered species, its valued ecosystem services to the people of the region and its aesthetic value (landscape), the Someshwara Wildlife Sanctuary has been included as part of one of the cluster of Western Ghats which was declared on 1 st July, 2012 as a World Heritage Site; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of which are specified in paragraph 1 as Eco-sensitive Zone from ecological, environmental and biodiversity point of view and to prohibit industries or class of industries and their operations and processes in the said Eco-sensitive Zone; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act 1986 (29 of 1986) (hereafter in this notification referred to as the Environment Act), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent varying from 0 (zero) to 7.80 kilometres around the boundary of Someshwara Wildlife Sanctuary, in Udupi and Shivamogga districts in the State of Karnataka as the Someshwara Wildlife Sanctuary Eco-sensitive Zone (hereafter in this notification referred to as the Eco-sensitive Zone) details of which are as under, namely: - 1. Extent and boundaries of Eco-sensitive Zone. – (1) The Eco-sensitive Zone shall be to an extent of 0 (zero) to 7.80 kilometres around the boundary of Someshwara Wildlife Sanctuary and the area of the Eco-sensitive Zone is 142.56 square kilometres (zero extent of Eco-sensitive Zone is due to Mookambika Wildlife Sanctuary and Kudremukh National Park adjoin the northern side and southern side of the Someshwara Wildlife Sanctuary). (2) The boundary description of Someshwara Wildlife Sanctuary and its Eco-sensitive Zone is appended in Annexure-I. (3) The maps of the Someshwara Wildlife Sanctuary demarcating Eco-sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB, (4) List of geo-coordinates of the boundary of Someshwara Wildlife Sanctuary and Eco-sensitive Zone are given in Table A and Table B of Annexure III. (5) The list of villages and reserved forest along with their area falling in the proposed Eco- sensitive Zone along with their geo co-ordinates at prominent points is appended as Table A and Table B of Annexure-IV. 2. Zonal Master Plan for Eco-sensitive Zone.- (1) The State Government shall, for the purposes of the Eco-sensitive Zone prepare a Zonal Master Plan within a period of two years from the date of publication of this notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification for approval of the competent authority in the State. (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any. (3) The Zonal Master Plan shall be prepared in consultation with the following Departments of the State Government, for integrating the ecological and environmental considerations into the said plan:- (i) Environment; (ii) Forest and Wildlife; (iii) Urban Development; (iv) Tourism; (v) Municipal; (vi) Revenue; (vii) Agriculture; (viii) Karnataka State Pollution Control Board; (x) Irrigation and Flood Control; (xi) Panchayati Raj; and (xii) Public Works Department. (4) The Zonal Master Plan shall not impose any restriction on the approved existing land use, infrastructure and activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all infrastructure and activities to be more efficient and eco- friendly. (5) The Zonal Master Plan shall provide for restoration of denuded areas, conservation of existing water bodies, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, needs of local community and such other aspects of the ecology and environment that need attention. (6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages and urban settlements, types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places, horticultural areas, orchards, lakes and other water bodies with supporting maps giving details of existing and proposed land use features. (7) The Zonal Master Plan shall regulate development in Eco-sensitive Zone and adhere to prohibited and regulated activities listed in the Table in paragraph 4 and also ensure and promote eco-friendly development for security of local communities’ livelihood. (8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan. (9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for carrying out its functions of monitoring in accordance with the provisions of this notification. 3. Measures to be taken by the State Government.- The State Government shall take the following measures for giving effect to the provisions of this notification, namely:- (1) Land use.– (a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-sensitive Zone shall not be used or converted into areas for commercial or residential or industrial activities: Provided that the conversion of agricultural and other lands, for the purposes other than that specified at part (a) above, within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of Central Government or State Government as applicable and vide provisions of this notification, to meet the residential needs of the local residents and for activities such as - (i) widening and strengthening of existing roads and construction of new roads; (ii) construction and renovation of infrastructure and civic amenities; (iii) small scale industries not causing pollution; (iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism including home stay; and (v) promoted activities given in paragraph 4: Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of the State Government and without compliance of the provisions of article 244 of the Constitution or the law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007): Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change: Provided also that the correction of error shall not include change of land use in any case except as provided under this sub-paragraph. (b) Efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat restoration activities. (2) Natural water bodies.-The catchment areas of all natural springs shall be identified and plans for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan and the guidelines shall be drawn up by the State Government in such a manner as to prohibit development activities at or near these areas which are detrimental to such areas. (3) Tourism or eco-tourism.- (a) All new eco-tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be as per the Tourism Master Plan for the Eco- sensitive Zone. (b) The Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with the State Departments of Environment and Forests. (c) The Tourism Master Plan shall form a component of the Zonal Master Plan. (d) The Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco-sensitive Zone. (e) The activities of eco-tourism shall be regulated as under, namely:- (i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the protected area or upto the extent of the Eco-sensitive Zone, whichever is nearer: Provided that beyond the distance of one kilometre from the boundary of the protected area till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for eco- tourism facilities as per Tourism Master Plan; (ii) all new tourism activities or expansion of existing tourism activities within the Eco- sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate Change and the eco- tourism guidelines issued by the National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism, eco-education and eco- development; (iii) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee and no new hotel, resort or commercial establishment construction shall be permitted within Eco-sensitive Zone area. (4) Natural heritage.- All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan. (5) Man-made heritage sites.- Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic, and cultural significance shall be identified in the Eco-sensitive Zone and heritage conservation plan for their conservation shall be prepared as part of the Zonal Master Plan. (6) Noise pollution. - Prevention and control of noise pollution in the Eco-sensitive Zone shall be carried out in accordance with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act. (7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be carried out in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder. (8) Discharge of effluents.- Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by the State Government, whichever is more stringent. (9) Solid wastes.- Disposal and Management of solid wastes shall be as under:- (a) the solid waste disposal and management in the Eco-sensitive Zone shall be carried out in accordance with the Solid Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number S.O. 1357 (E), dated the 8 th April, 2016; the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco-sensitive Zone; (b) safe and Environmentally Sound Management of Solid wastes in conformity with the existing rules and regulations using identified technologies may be allowed within Eco- sensitive Zone. (10) Bio-Medical Waste.– Bio Medical Waste Management shall be as under:- (a) the Bio-Medical Waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-Medical Waste Management, Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R 343 (E), dated the 28 th March, 2016. (b) safe and Environmentally Sound Management of Bio-Medical Wastes in conformity with the existing rules and regulations using identified technologies may be allowed within the Eco-sensitive Zone. (11) Plastic waste management.- The plastic waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Plastic Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 340(E), dated the 18 th March, 2016, as amended from time to time. (12) Construction and demolition waste management.- The construction and demolition waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 317(E), dated the 29 th March, 2016, as amended from time to time. (13) E-waste.- The e - waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change, as amended from time to time. (14) Vehicular traffic.– The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal Master plan is prepared and approved by the competent authority in the State Government, the Monitoring Committee shall monitor compliance of vehicular movement under the relevant Acts and the rules and regulations made thereunder. (15) Vehicular pollution.- Prevention and control of vehicular pollution shall be incompliance with applicable laws and efforts shall be made for use of cleaner fuels. (16) Industrial units.– (a) On or after the publication of this notification in the Official Gazette, no new polluting industries shall be permitted to be set up within the Eco-sensitive Zone. (ii) Only non-polluting industries shall be allowed within Eco-sensitive Zone as per the classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless so specified in this notification, and in addition, the non- polluting cottage industries shall be promoted. (17) Protection of hill slopes.- The protection of hill slopes shall be as under:- (a) the Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted; (b) construction on existing steep hill slopes or slopes with a high degree of erosion shall not be permitted. 4. List of activities prohibited or to be regulated within Eco-sensitive Zone.- All activities in the Eco-sensitive Zone shall be governed by the provisions of the Environment Act and the rules made there under including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment Notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:- TABLE S. No. Activity Description A. Prohibited Activities 1. Commercial mining, stone quarrying and crushing units. (a) All new and existing mining (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 and for manufacture of country tiles or bricks for housing and for personal consumption; (b) The mining operations shall be carried out in accordance with the order of the Hon’ble Supreme Court dated the 4 th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21 st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012. 2. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone: Provided that the renewal of licences of existing saw mills shall not be done on their expiry period. 3. Setting of industries causing pollution (Water, Air, Soil, Noise, etc.). New industries and expansion of existing polluting industries in the Eco-sensitive Zone shall not be permitted: Provided that non-polluting industries shall be allowed within Eco-sensitive Zone as per classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless so specified in this notification and in addition the non-polluting cottage industries shall be promoted. 4. Commercial use of firewood. Prohibited (except as otherwise provided) as per the applicable laws. 5. Establishment of major hydro- electric project. Prohibited (except as otherwise provided) as per the applicable laws. 6. Discharge of untreated effluents in natural water bodies or land area. Prohibited (except as otherwise provided) as per the applicable laws. 7. New wood based industry. No establishment of new wood based industry shall be permitted within the limits of Eco-sensitive Zone: Provided that the existing wood-based industry may continue as per law. 8. Erection of wind mills. Prohibited (except as otherwise provided) as per the applicable laws. 9. Use or production or processing of any hazardous substances. Prohibited (except as otherwise provided) as per the applicable laws. 10. Setting up of brick kilns. Prohibited (except as otherwise provided) as per the applicable laws. 11. Use of polythene bags. Regulated as per the applicable laws. 12. 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. 13. Construction activities. (a) 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. (b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan. 14. Felling of trees. (a) There shall be no felling of trees in 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 thereunder. 15. Commercial extraction of surface and ground water. Regulated as per the applicable laws. 16. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws (underground cabling may be promoted). 17. Fencing of existing premises of hotels and lodges. Regulated as per the applicable laws. 18. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation as per the applicable laws, rules, regulations and available guidelines. 19. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws. 20. Introduction of exotic species. Regulated as per the applicable laws. 21. Protection of hill slopes and river banks. Regulated as per the applicable laws. 22. Discharge of treated waste water or effluents in natural water bodies or land area. The discharge of treated waste water or effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water. Otherwise the discharge of treated waste water or effluent shall be regulated as per the applicable laws. 23. Commercial sign boards and hoardings. Regulated as per the applicable laws. 24. Small scale non polluting industries. Non polluting industries as per classification of industries issued by the Central Pollution Control Board in February, 2016 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. 25. Collection of Forest produce or Regulated as per the applicable laws. 26. Air and vehicular pollution. Regulated as per the applicable laws. 27. Drastic Change of Agriculture systems. Regulated as per the applicable laws. 28. Undertaking other activities related to tourism like flying over the Eco- sensitive Zone area by hot air balloon, helicopter, drones, microlites, etc. Regulated as per the applicable laws. 29. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries. Permitted as per the applicable laws for use of locals. 30. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules and regulations available guidelines. 31. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies. Regulated (except otherwise provided) as per the applicable laws except for meeting local needs. 32. Solid Waste Management. Regulated as per the applicable laws. 33. Eco-tourism. Regulated as per the applicable laws. 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. shall 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 or forests or habitat. Shall be actively promoted. 44. Environmental awareness. Shall be actively promoted. 5. Monitoring Committee for Monitoring the Eco-sensitive Zone Notification.- For effective monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment (Protection) Act, 1986, the Central Government hereby constitutes a Monitoring Committee, comprising of the following, namely:- Sl. No. Constituent of the Monitoring Committee Designation (i) Regional Commissioner, Mysore Chairman, ex officio; (ii) Representative of Department of Environment, Government of Karnataka Member; (iii) Representative of Department of Urban Development, Government of Karnataka Member; (iv) An expert in the area of ecology and environment – Member to be nominated by the Government of Karnataka for a period of one year Member; (v) A representative of Non-governmental Organisation working in the field of wildlife conservation to be nominated by the Government of Karnataka for a period of one year Member; (vi) Executive Engineer, Karnataka Pollution Control Board Member; (vii) Deputy Commissioner or his representative Shivamogga Member; (viii) Deputy Commissioner or his representative Udupi Member; (ix) Hon’ble Member of Legislative Assembly , Thirthahalli Constituency Member;* (x) Hon’ble Member of Legislative Assembly Karkala Constituency Member;* (xi) Hon’ble Member of Legislative Assembly, Udupi Constituency Member;* (xii) Hon’ble Member of Legislative Assembly, Kundapur Constituency Member;* (xiii) Hon’ble Member of Legislative Assembly, Byndoor Constituency Member;* (xiv) Deputy Conservator of Forests Kudremukh Wildlife Division Member- Secretary. *(Subject to the State Government of Karnataka obtaining relevant approvals, inter alia, including permission from the Speaker of Legislative Assembly, Karnataka, if required) 6. Terms of reference. – (1) The Monitoring Committee shall monitor the compliance of the provisions of this notification. (2) The tenure of the Monitoring committee shall be for three years or till the re-constitution of the new Monitoring Committee by the State Government and subsequently the Monitoring Committee shall be constituted by the State Government. (3) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearances under the provisions of the said notification. (4) The activities that are not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 1533 (E), dated the th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned regulatory authorities. (5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner(s) shall be competent to file complaints under section 19 of the Environment Act, against any person who contravenes the provisions of this notification. (6) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements on issue to issue basis. (7) The Monitoring Committee shall submit the annual action taken report of its activities as on the 31 st March of every year by the 30 th June of that year to the Chief Wildlife Warden in the State as per proforma appended at Annexure V. (8) The Central Government in the Ministry of Environment, Forest and Climate Change may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions. 7. Additional measures.- The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification. 8. Supreme Courts, etc.- The provisions of this notification shall be subject to the orders, if any passed or to be passed by the Hon’ble Supreme Court of India or High Court or the National Green Tribunal. ANNEXURE- I BOUNDARY DESCRIPTION OF SOMESHWARA WILDLIFE SANCTUARY AND ITS ECOSENSITIVE ZONE IN THE STATE KARNATAKA East: The Eco-sensitive Zone boundary line of Someshwara Wildlife Sanctuary starts near the Kanchikala Abbi falls of Hummadagallu village, along Varahi State Forest. It moves East, then North, then turns southwards and then finally westwards along the Varahi State forest and Manibailu State Forest boundaries till it reaches a distance of 1km from Tombettu Reserved Forest boundary. From this point, Eco-sensitive Zone line follows the 1km parallel line to Tombettu Reserved Forest boundary in the village Gubbiga. It runs North passing through Malgoddamata and touches the Varahi State Forest at Melsunka. Then the line joins and follows the 1km parallel line to Agumbe State Forest. It runs North East through Ulthiga village turns South East through Neerathitlu village, Koraginakote village, Huruli village, Shivalli village, Dasanakoduge village and Hosur village. Then the Eco-sensitive Zone line touches the 1km parallel line to Agumbe State Forest near Agumbe hole and continues to run South, the line then turns East through Tallur village near the junction of Agumbe-Shringeri road at Agumbe. The line then follows the 1km parallel line to Balehalli State Forest Eastward through Balehalli village and merges with the Eco-sensitive Zone boundary of Northern Kudremukh National Park. South: The Eco-sensitive Zone boundary line turns West along the Eco-sensitive Zone boundary of Kudremukh National Park and touches the Northern tip of Narasimha Parvatha State Forest. It runs South Westerly direction along the Narasimha Parvatha State Forest boundary, turns North West and continues till it reaches Durga. The line meets the Someshwara Reserved Forest boundary and continues North West. It cuts and crosses Kapoli stream near Kapoli, continues in North West direction to reach Bachappu of Mudradi village and merges with the Eastern Eco-sensitive Zone boundary of Kudremukh National Park. West : The Eco-sensitive Zone boundary line follows the 1km parallel line to Jatkatmalai Reserved Forest Northwards. It then turns West at Baibettu settlement, Hebri village and joins the 1 km parallel line to Mathkalgudde Reserved Forest. The line continues West, South-West and joins the 1km parallel line to Jomblu Kaadu Reserved Forest. The line turns North near Wonikallu and joins the 1km parallel line to Tenkahola Reserved Forest. The line then crosses the Seethanadi river and passes through Kaltur village, Nalkuru village and Belve village. The line turns Eastwards joins and follows 1km parallel line to Mavinakudlu Reserved Forest boundary near Ardi. The Eco-sensitive Zone boundary line turns North East, then North and joins 1Km parallel line to Ballimane Reserved Forest it continues the parallel line Northwards till it touches the boundary of Surikudlu Reserved Forest. It continues along the Surikudlu Reserved Forest boundary, crosses Varahi river at Kalinjeddu and moves Westward along Suraladavi Reserved Forest. The Eco-sensitive Zone line follows the boundary of Suraladavi Reserved Forest North and then East and Joins Surikudlu Reserved Forest boundary. The line continues till the point it joins the Eco-sensitive Zone boundary of Mookambika Wildlife Sanctuary. North: The Eco-sensitive Zone merges with the Northern boundary of Tombattu Reserved Forest and continues till it reaches the boundary of Varahi State Forest near Kanchikala Abbi falls and merges with the Eastern Eco-sensitive Zone boundary of Mookambika Wildlife Sanctuary. ANNEXURE- IIA LOCATION MAP OF SOMESHWARA WILDLIFE SANCTUARY AND ITS ECO- SENSITIVE ZONE ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE- IIB GOOGLE MAP OF ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE- IIC MAP OF ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ON SURVEY OF INDIA (SOI) TOPOSHEET ANNEXURE- IID VEGETATION MAP OF ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE- IIE MAP OF ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE-III TABLE A: GEO- COORDINATES OF PROMINENT LOCATIONS OF SOMESHWARA WILDLIFE SANCTUARY Map ID Longitude Latitude Degree Minutes Seconds Degree Minutes Seconds TABLE B: GEO-COORDINATES OF PROMINENT LOCATIONS OF ECO-SENSITIVE ZONE Map ID Longitude Latitude Degree Minutes Seconds Degree Minutes Seconds ANNEXURE-IV A. LIST OF VILLAGES COMING UNDER ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY ALONG WITH GEO-COORDINATES Sl. No. Name of the village District Taluk Area in Ha. Latitude Longitude 1 Hummadagallu Shivamogga Hosanagara 78.77 13 41 3.03 75 2 59.22 2 Gubbiga Shivamogga Hosanagara 100.60 13 39 34.71 75 2 0.15 3 Ulthiga Shivamogga Hosanagara 324.99 13 37 41.69 75 2 57.96 4 Koraginakote Shivamogga Hosanagara 256.69 13 37 8.01 75 4 25.08 5 Neerathotlu Shivamogga Hosanagara 41.71 13 37 47.61 75 4 11.78 6 Huruli Shivamogga Tirthahalli 200.11 13 36 39.09 75 5 47.08 7 Shuntihakkalu Shivamogga Tirthahalli 110.58 13 36 27.24 75 5 25.12 8 Shivalli Shivamogga Tirthahalli 148.75 13 35 59.34 75 6 37.95 9 Dasanakodige Shivamogga Tirthahalli 176.95 13 35 10.53 75 6 42.88 10 Hosur Shimoga Tirthahalli 435.82 13 33 53.21 75 6 14.02 11 Agumbe Shimoga Tirthahalli 757.48 13 31 24.41 75 5 56.71 12 Tallur Shimoga Tirthahalli 229.57 13 31 15.28 75 6 23.99 13 Balehalli Shimoga Tirthahalli 808.52 13 41 3.03 75 8 20.82 13A Hasanbalu Chikmagalur Sringeri 83.62 13 29 45.99 75 10 2.96 14 Mudradi Udupi Karkal 18.26 13 26 28.52 75 1 22.16 15 Hebri Udupi Karkal 836.11 13 27 35.52 75 0 24.35 16 Chara Udupi Karkal 949.13 13 28 20.78 74 57 32.63 17 Kaltur Udupi Udupi 169.75 13 27 40.76 74 56 26.22 18 Nalkur Udupi Udupi 425.02 13 28 37.91 74 55 8.67 19 Belave Udupi Kundapura 342.37 13 30 2.30 74 55 41.39 21 Belanje Udupi Karkal 1138.12 13 29 59.96 74 58 30.22 22 Kuchchur Udupi Karkal 355.54 13 29 2.96 75 0 0.67 23 Albadi Udupi Kundapura 407.81 13 31 9.63 74 57 53.83 24 Madamakki Udupi Kundapura 356.81 13 32 5.74 75 0 3.91 25 Shedimane Udupi Kundapura 772.84 13 33 46.86 74 58 57.11 26 Rattadi Udupi Kundapura 11.44 13 35 14.47 74 58 18.78 27 Samshe Udupi Kundapura 161.10 13 35 36.98 74 58 36.50 28 Amasebail Udupi Kundapura 743.98 13 36 52.41 74 59 28.00 29 Machattu Udupi Kundapura 279.56 13 38 37.88 74 57 46.56 Total: 10749.01 B. LIST OF RESERVED FORESTS FALLING WITHIN THE ECO-SENSITIVE ZONE OF SOMESHWARA WILDLIFE SANCTUARY Map Id Name of the Reserved Forests Area in hectare G.O / Notification C Surikodlu Reserved Forest 1025.66 G.O. No. 156, dated 03.03.1899 Total: 3507.32 ANNEXURE –V Performa of Action Taken Report:- Eco-sensitive Zone Monitoring Committee 1. Number and date of meetings. 2. Minutes of the meetings: (mention noteworthy points. Attach minutes of the meeting as separate Annexure). 3. Status of preparation of Zonal Master Plan including Tourism Master Plan. 4. Summary of cases dealt with rectification of error apparent on face of land record (Eco- sensitive Zone wise). Details may be attached as Annexure. 5. Summary of cases scrutinised for activities covered under the Environment Impact Assessment Notification, 2006 (Details may be attached as separate Annexure). 6. Summary of cases scrutinised for activities not covered under the Environment Impact Assessment Notification, 2006 (Details may be attached as separate Annexure). 7. Summary of complaints lodged under section 19 of the Environment (Protection) Act, 1986. 8. Any other matter of importance. and Published by the Controller of Publications, Delhi-110054. SURENDER MAHADASAM