Dachigham National Park (Jammu & Kashmir) S.O. No. 2002(E)

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1904] NEW DELHI, THURSDAY, MAY 16, 2024/VAISAKHA 26, 1946 1 ए79 34° 3' 15.251" उ 75° 8' 0.671" पू 4000 2 ए80 34° 2' 58.075" उ 75° 4' 43.320" प ू 5800 3 ए78 34° 3' 54.827" उ 75° 10' 9.078" प ू 1000 21 ए60 34° 5' 29.317" उ 75° 29' 6.805" प ू 3500 61 ए20 33° 57' 50.300" उ 75° 2' 12.931" प ू 13150 1. टी1 340 18’ 31.334” उ 750 16’ 1.008” प ू 2. टी2 340 15’ 19.739” उ 750 24’ 55.872” प ू 3. टी3 340 8’ 48.822” उ 750 32’ 56.938” प ू 4. टी4 340 6’ 0.385” उ 750 31’ 49.779” प ू 5. टी5 340 9’ 52.582” उ 750 27’ 25.352” प ू 6. ओ1 340 15’ 39.604” उ 750 15’ 37.636” प ू 7. ओ2 340 0’ 29.406” उ 750 18’ 52.83” प ू 8. ओ3 340 11’ 44.538” उ 750 7’ 40.264” प ू 9. ओ4 330 56’ 9.122” उ 750 16’ 29.126” प ू 10. ओ5 340 4’ 12.609” उ 750 12’ 19.830” प ू 11. ओ6 340 9’ 53.328” उ 750 19’ 47.445” प ू 1 ए79 34° 3' 15.251" उ 75° 8' 0.671" पू 2 ए80 34° 2' 58.075" उ 75° 4' 43.320" प ू 3 ए78 34° 3' 54.827" उ 75° 10' 9.078" प ू 4 ए77 34° 3' 32.136" उ 75° 11' 49.204" पू 5 ए76 34° 0' 51.106" उ 75° 11' 47.399" पू 6 ए75 33° 58' 40.560" उ 75° 12' 45.305" पू 7 ए74 33° 55' 59.424" उ 75° 14' 14.040" पू 8 ए73 33° 55' 30.071" उ 75° 15' 57.718" पू 9 ए72 33° 56' 24.120" उ 75° 17' 31.265" पू 10 ए71 33° 57' 15.929" उ 75° 18' 3.605" प ू 11 ए70 33° 59' 22.631" उ 75° 19' 46.479" पू 12 ए69 34° 0' 39.145" उ 75° 19' 30.680" पू 13 ए68 34° 2' 18.510" उ 75° 18' 46.000" पू 14 ए67 34° 4' 17.693" उ 75° 20' 27.833" पू 15 ए66 34° 5' 56.905" उ 75° 22' 34.820" पू 16 ए65 34° 6' 33.678" उ 75° 23' 43.486" पू 17 ए64 34° 7' 17.036" उ 75° 24' 47.423" पू 18 ए63 34° 7' 58.882" उ 75° 25' 23.100" पू 19 ए62 34° 8' 0.552" उ 75° 26' 31.540" पू 20 ए61 34° 7' 4.716" उ 75° 27' 28.791" पू 21 ए60 34° 5' 29.317" उ 75° 29' 6.805" प ू 22 ए59 34° 4' 56.071" उ 75° 32' 7.704" प ू 23 ए58 34° 6' 41.702" उ 75° 33' 43.985" पू 24 ए57 34° 9' 16.025" उ 75° 33' 34.143" पू 25 ए55 34° 13' 3.553" उ 75° 28' 22.872" पू 26 ए54 34° 14' 27.098" उ 75° 25' 33.864" पू 27 ए53 34° 16' 48.778" उ 75° 21' 57.738" पू 28 ए52 34° 18' 6.772" उ 75° 19' 50.204" पू 29 ए51 34° 18' 58.878" उ 75° 16' 46.479" पू 30 ए50 34° 18' 5.637" उ 75° 14' 56.678" पू 31 ए49 34° 17' 29.286" उ 75° 14' 31.634" पू 32 ए48 34° 16' 56.159" उ 75° 14' 1.212" प ू 33 ए47 34° 15' 49.113" उ 75° 14' 49.986" पू 34 ए46 34° 15' 16.878" उ 75° 15' 1.176" प ू 35 ए45 34° 14' 37.991" उ 75° 13' 45.388" पू 36 ए44 34° 14' 18.503" उ 75° 12' 42.915" पू 37 ए43 34° 13' 35.740" उ 75° 11' 40.523" पू 38 ए42 34° 12' 36.944" उ 75° 10' 45.661" पू 39 ए41 34° 12' 46.428" उ 75° 9' 53.324" प ू 40 ए40 34° 12' 31.919" उ 75° 8' 33.634" प ू 41 ए39 34° 12' 17.483" उ 75° 7' 29.182" प ू 42 ए38 34° 10' 54.508" उ 75° 7' 37.519" प ू 43 ए37 34° 9' 44.700" उ 75° 5' 30.248" प ू 44 ए36 34° 11' 25.897" उ 75° 3' 11.160" प ू 45 ए35 34° 11' 30.915" उ 75° 0' 43.381" प ू 46 ए34 34° 12' 58.353" उ 74° 55' 33.494" पू 47 ए33 34° 12' 14.645" उ 74° 53' 2.294" प ू 48 ए32 34° 12' 0.537" उ 74° 55' 9.431" प ू 49 ए31 34° 10' 56.846" उ 74° 55' 30.008" पू 50 ए30 34° 10' 30.271" उ 74° 54' 28.658" पू 51 ए29/1 34° 10' 16.143" उ 74° 55' 17.265" पू 52 ए29 34° 9' 22.069" उ 74° 55' 46.856" पू 53 ए28 34° 9' 21.172" उ 74° 55' 11.641" पू 54 ए27 34° 9' 38.496" उ 74° 54' 20.173" पू 55 ए26 34° 8' 25.731" उ 74° 53' 17.089" पू 56 ए25 34° 4' 35.364" उ 74° 51' 21.879" पू 57 ए24 34° 3' 6.963" उ 74° 54' 15.042" पू 58 ए23 34° 5' 0.460" उ 74° 57' 56.832" पू 59 ए22 34° 3' 23.601" उ 75° 0' 45.759" प ू 60 ए21 34° 1' 32.777" उ 75° 1' 41.557" प ू 61 ए20 33° 57' 50.300" उ 75° 2' 12.931" प ू 62 ए 56 34° 11' 46.161" उ 75° 30' 28.774" पू MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 16th May, 2024 S.O. 2002(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. 4227(E), dated the 26 th September, 2023, 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 26 th September, 2023; AND WHEREAS, objections and suggestions received from persons in response to the said draft notification have been considered by the Central Government; AND WHEREAS, the Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary is spread over an area of 776 sq.km and is located in the Srinagar, Ganderbal and Anantnag Districts in Kashmir of the Union territory of Jammu and Kashmir; AND WHEREAS, the Dachigam National Park, comprising an area of 141 sq.km. has been notified as National Park, vide notification No. S.R.O:134, dated the 10 th April, 1990 and the Overa Aru Wildlife Sanctuary comprising an area of 425 sq.km has been notified as Wildlife Sanctuary vide S.R.O: 154 dated the 19 th March, 1987 and Thajwas (Baltal) Wildlife Sanctuary comprising an area of 210 sq.km has been notified as Wildlife Sanctuary vide S.R.O: 156 dated the 19 th March, 1987; AND WHEREAS, the Dachigam National Park is located at a distance of 21 km, North-East from Srinagar city. The park lies in the great Zanskar mountain range between altitudes of 1600 metres to 4250 meters above mean sea level and forms the North-West branch of the Central Himalayan axis. The Dachigam is famous for harbouring the last viable and endemic population of Hangul (Kashmir red deer), the only abode left in South-East Asia. The park has the prestige to be the recipient of the award for the best managed National Park in the country; AND WHEREAS, the Thajwas (Baltal) Wildlife Sanctuary is located at a distance of 105-kilometer North- East from Srinagar. The sanctuary lies between 34 37’ N Latitude and 74 o 29’ to 74 o 36’ E Longitude and covers an altitudinal range of 3,015 m to 5,466 m above mean sea level. It comprises of forest compartment numbers from 56/S to 62/S of Sindh Forest Division. The main faunal attraction of this area is the Kashmir musk deer (Moschus cupreus) and Himalayan brown bear (Ursus arctos isabellinus). The sanctuary is connected with other important wildlife areas, like Aru, Upper Dachigam and the Sindh Forest. The Wildlife Sanctuary is flanked by the large snow laden peaks of ‘Sonamarg’ and the Sindh River, which is famous for its trout and mahseer population. Thajwas glacier is one of the tourist attractions visited by tourists in the summer months; AND WHEREAS, the Overa-Aru Wildlife Sanctuary is located at a distance of 76 kilometers from South- East of Srinagar. It lies between 33 o 55'0"N to 34 o 20'0" N Latitude and 75 o 5'0" E to 75 o 32'30" E Longitude and falls in the Anantnag District of the Kashmir Valley. The main faunal attraction of this area is the Kashmir musk deer (Moschus cupreus), Asiatic Ibex (Capra sibirica), Himalayan Serow (Capricornis thar) and Himalayan brown bear (Ursus arctos isabellinus). The forests of Overa-Aru sanctuary are blessed with a number of lakes and glaciers, which happen to be invaluable sources of water, feeding numerous streams that flow down into the villages situated near the periphery; AND WHEREAS, the Dachigam National Park comes under 2A province of bio-geographic classification as suggested by Rodgers et al., 2002. As per revised Champion and Seth (1968), the vegetation of Dachigam National Park is typically Himalayan moist temperate forest, sub-alpine forest and alpine forest type and can be classified into moist temperate deciduous forest, Parrotia (pohu) scrub forest, west Himalayan low level blue pine forest, western mixed coniferous forest, deciduous alpine scrub, west Himalayan sub-alpine birch-rhododendron forest, dwarf juniper scrub, dry temperate scrub; AND WHEREAS, some of the notable flora and fauna of the Dachigam National Park include Ulmus wallichiana, Salix alba, Populus sp., Prunus armeniaca, Quercus robur, Robina pseudoacacia, Parrotiopsis jacquemontiana, Rosa webbiana, Rubus niveus, Aesculus indica, Juglans regia, Pinus griffithi, Lychniscornaria (L.)Desr)., Bajardantu (Potentilla atrosanguina Lodd.), trumbadu (Picrishieracioides),Ghudkhura (Tussilago farfara), dodad (Codonopsis ovate), ratanjot (Onosmahispidum wallichex), Kashmir red deer (Cervus hanglu hanglu), Kashmir musk deer (Moschus cupreus), common leopard (Panthera pardus), Himalayan brown bear (Ursus arctos isabellinus), Asiatic black bear (Ursus thibetanus), Kashmir gray langur (Semnopithecus ajax), Himalayan griffon vulture (Gyps himalayensis), bearded vulture (Gypaetus barbatus), Kashmir flycatcher (Ficedula subrubra), etc; AND WHEREAS, the area of Thajwas Wildlife (Baltal) Sanctuary is covered mostly under thick snow, round the year. The tree species such asAbies pindrow, Betula ultilis, Juglans regia and Picea sp. constitute the major assemblage of tree flora. Indigofera hetranth, Berberies lycicum, and Rosa webbiana constitute the major shrub cover of the area. The important faunal species of the area are grey langur (Presbytis entellus), Rhesus macaque (Macaca mulatta), common leopard (Panthera pardus), snow leopard (Panther unica), leopard cat (Felis bengalensis), jackal (Canis aureus), red fox (Vulpes vulpes), Himalayan brown bear (Ursus arctos), Asiatic black bear (Ursus thibetanus), Yellow throated martin (Martis flavigula), long-tailed marmot (Mannota bobak), Royle’s pika (Ochotona roylei), Asiatic ibex (Capra sibrica), Kashmir musk deer (Moschus cupreus) etc; AND WHEREAS, due to variation in altitude, aspect and soil, a diversity of vegetation is discernible in the Overa-Aru Wildlife Sanctuary. The vegetation of the Sanctuary is mainly fir (Abis pindrow) with kail (Pinus wallichiana) in the lower elevations near Nallas. On varied physical variations the forest types found are Riverian Vegetation (1600-2300meters above mean sea level), Coniferous Forests:(2300-3000 meters above mean sea level), Alpine Scrubs and Pastures:(Beyond 3000-3500meters above mean sea level), Rock Faces:(Beyond 3500meters above mean sea level). The Overa-Aru forests are blessed with numerous plant species of great medicinal value.Some of the medical plants growing wild in the area include Aconitum heterophyllum, Arnebia benthamii, Artemisia absinthium, Berberis lycium, Bergenia lingulata, Datura stramonium, Dioscore adeltoidea, Lavatera cashmeriana, Saussurea costus and Taxus wallichina; AND WHEREAS, the Overa-Aru Wildlife Sanctuary falls in the North-West province (Province 2A) of the Himalayan Zone as per the bio-geographic demarcation by Rodgers and Panwar (1998). This province includes the whole Kashmir valley, characterized by temperate and sub-tropical climate Kashmiri stag or hangul (Cervus hanglu hanglu), Kashmir musk deer (Moschus cupreus), Himalayan black bear (Ursus thibetanus), Himalayan brown bear (Ursus arctos), common leopard (Panthera pardus), Himalayan grey langur (Presbytis ajax), Rhesus macaque(Macaca mulata), red fox (Vulpus vulpes), brown musk shrew (Crocidura murina), yellow throated martin (Martes flavigula), long-tailed marmot (Marmot himaliyana), Kashmir vampire(Mergaderma spectrum), Leisler’s Hairy – armed bat (Nyctalus lessleri), Kashmir house rat(Rattus rattus), birch mouse (Sicista indica), Kashmir flying squirrel (Eoglaucomys fimbriatus), serow (Capricornis sumatraensis thar), Roule’s pika (Ochotona royelii), Himalayan griffon vulture (Gyps himalayensis), bearded vulture (Gypaetus barbatus), Kashmir flycatcher (Ficedula subrubra) etc; AND WHEREAS, the natural boundaries of Dachigam National Park, Overa-Aru Wildlife Sanctuary and Thajwas Wildlife (Baltal) Sanctuary are connected at landscape level. The boundary of Dachigam National Park on North and North Eastern side merges with Overa-Aru Wildlife Sanctuary while as Overa–Aru Wildlife Sanctuary on its North and North-Eastern side merges with Thajwas Wildlife Sanctuary. The protected areas together form a landscape of rich biodiversity and hold good population of some of the important/endemic species of animals, birds and vegetation. The Eco-sensitive zone proposed makes these areas as one unit and will help gene flow across these areas to flourish the biodiversity; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary 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 of 200 meters to 13.15 kilometers from the boundary of Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary, in the Union territory of Jammu and Kashmir as ‘Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa- Aru Wildlife Sanctuary Eco-sensitive Zone’ (hereafter in this notification referred to as the Eco-sensitive Zone), the details of which are specified in paragraph 1, for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environment pollution and takes the following measures, namely: 1. Extent and boundaries of Eco-Sensitive Zone. – (1) The extent of Eco-Sensitive Zone shall be of 200 m to 13.15 km from the boundary of Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa- Aru Wildlife Sanctuary and comprising of an Eco-sensitive Zone area of 448.00 sq.km and the extent of Eco- sensitive Zone in different directions (kilometres) are as given below: - Direction Extent Location West 200 m PWD Water Tank and Reservoir East 1.0 km Nichhang, Alpine pasture North 1.0 km Forest of Sindh (2) The boundary description of the Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary and its Eco-Sensitive Zone is appended as Annexure-I. (3) The maps of the Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary demarcating Eco-Sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB, Annexure-II C, Annexure-IID and (4) Lists of geo co-ordinates of the boundary of Dachigam National Park, Thajwas (Baltal) Wildlife Sanctuary and Overa-Aru Wildlife Sanctuary and Eco-Sensitive Zone are given in Table A and Table B of Annexure- III. (5) The list of villages falling in the Eco-Sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV. 2. Zonal Master Plan for Eco-Sensitive Zone - (1) The Union territory administration shall, for the purposes of the Eco-Sensitive Zone prepare and notify 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. (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared in the manner as specified in this notification and also in consonance with the relevant Central and laws for the time being inforce 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 Union territory administration, for integrating the ecological and environmental considerations into the said plan, namely: - (i) Environment; (ii) Forests; (iii) Agriculture; (iv) Revenue; (vi) Tourism; (vii) Rural Development; (viii) Irrigation & Flood Control; (ix) Pollution Control Board; (x) Municipality; (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 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 proposed and notified 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 Union Territory Government -The Union territory administration shall take the 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 Union territory administration as applicable and 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 Union territory administration 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 Union territory administration, 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 Union Territory 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 Department of Tourism, Union territory administration in consultation with the Departments of Environment and Forests of the Union Territory. (c) The Tourism Master Plan shall form a component of the Zonal Master Plan. (d) The Tourism Master Plan shall be drawn based on carrying capacity study of the Eco- Sensitive Zone. (e) The activities of eco-tourism shall be regulated as under, namely: - (i) Establishment of new hotels and resorts shall be permitted only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan; (ii) A Committee comprising of the Principal Secretary (Environment and Forests), Chairman, Pollution Control Committee, an expert each in ecology and environment and civil constructions from an institute of repute such as IIT, Jammu, and a representative from the Department of Environment and Forests, shall be constituted for suggesting the environmental safeguards or measures for new construction of hotels and resorts, which shall form a component of the Tourism Master Plan. The said Committee shall put in place a risk assessment study on landslide, slope stability and seismicity and recommend environmental friendly and safe construction measures to be adopted. (iii) 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 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; (iv) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the regulatory authorities concerned based on the actual site specific scrutiny and recommendation of the Monitoring Committee. (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 and as amended from time to time under the Environment. (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 there under. (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 there under or standards stipulated by the Union territory 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, and the rules made there under. 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 and the rules made there under. (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 and the rules made there under (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 and 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 and the rules made there under (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 Union territory 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), No new polluting industries shall be permitted to be set up within the Eco- Sensitive Zone on or after the publication of this notification in the Official Gazette. (b) 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, as amended from time to time 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 (Protection) Act, 1986 the rules made there under and other notifications, laws and acts of the Government of India pertaining to environment, forests and wildlife, in the erstwhile Ministry of Environment and Forest, vide number 1533(E), dated the 14th September, 2006 and laws for the time being in force in the manner and as amended from time to time specified in the Table below, namely:- TABLE Sl. 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 within Eco- Sensitive Zone; (b) The mining operations shall be carried out in accordance with the order (s) of the Hon’ble Supreme Court in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012 and IA No. 1000 of 2003 judgment dated 03.06.2022 and subsequent IA No. 131377 of 2022 judgment dated 26.04.2023 and 28.04.2023 espand. 2. 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, as amended from time to time, unless so specified in this notification and in addition, the non-polluting cottage industries shall be promoted. 3. Establishment of major hydroelectric project. Prohibited. 4. Use or production or processing of any hazardous substance. Prohibited. 5. Discharge of untreated effluents in natural water bodies or land area. Prohibited. 6. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone. 7. Setting up of brick kilns. Prohibited. 8. Undertaking other activities related to tourism like over flying over the Eco-sensitive Zone area by hot air balloon, helicopter, drones, Microlites, etc. Prohibited. 9. Commercial use of Firewood Prohibited. 10. Commercial establishment of hotels and resorts. Construction of new hotels and resorts and expansion of existing shall be strictly in accordance with the approved Master Plan, which takes care of habitats allowing no restriction on movement of wild animals and in conformity with the provisions prescribed in sub- paragraph (e) of paragraph 6. 11. Construction activities. (a) New commercial construction of any kind other than new hotels and resorts as regulated at serial number 10 above, 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 listed in sub-paragraph (1) of paragraph 3 as per building bye- laws to meet the residential needs of the local residents: Provided 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. 12. 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. 13. 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 Union territory administration. (b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or Union territory administration Act and the rules made there under. 14. Collection of Forest Produce or Non-Timber Forest Produce. Regulated under applicable laws. 15. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws of underground cabling may be promoted. 16. Infrastructure including civic amenities. Taking measures of mitigation, as per applicable laws, rules and regulation and available guidelines. 17. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation, as per applicable laws, rules and regulation and available guidelines. 18. Protection of Hill Slopes and river banks. Regulated as per the applicable laws. 19. Movement of vehicular traffic at night. Regulated for commercial purpose as per the applicable laws. 20. 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. 21. 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. 22. Discharge of treated waste water/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/effluent shall be regulated as per the applicable laws. 23. Commercial extraction of surface and ground water. Regulated as per the applicable laws. 24. Open Well, Bore Well, etc. for agriculture or other usage. Regulated and the activity should be strictly monitored by the appropriate authority. 25. Solid Waste Management. Regulated as per the applicable laws. 26. Introduction of exotic species. Regulated as per the applicable laws. 27. Eco-tourism. Regulated as per the applicable laws and para 3(3). 28. Use of polythene bags. Regulated as per the applicable laws. 29. Commercial Sign boards and hoardings. Regulated as per the applicable laws. 30. Rain water harvesting. Shall be actively promoted. 31. Organic farming. Shall be actively promoted. 32. Adoption of green technology for all activities. Shall be actively promoted. 33. Cottage industries including village artisans, etc. Shall be actively promoted. 34. Use of renewable energy and fuels. Bio-gas, solar light etc. shall be actively promoted. 35. Agro-Forestry. Shall be actively promoted. 36. Plantation of Horticulture and Herbals. Shall be actively promoted. 37. Use of eco-friendly transport. Shall be actively promoted. 38. Skill Development. Shall be actively promoted. 39. Restoration of Degraded Land/ Forests/ Habitat. Shall be actively promoted. 40. Environmental Awareness. Shall be actively promoted. 5. Monitoring Committee for Monitoring the Eco-Sensitive Zone Notification – There shall be a committee to be known as Monitoring Committee for effective monitoring of the provisions of this notification comprising of the following, namely: - Sl. No. Constituent of the Monitoring Committee Designation 1. Divisional Commissioner, Kashmir Chairman, ex-officio; 2. An expert in ecology and environment to be nominated by the Union territory administration of Jammu and Kashmir for a term of three years each. Non-Official Member; 3. One representative of a Non-Governmental Organization working in the field of environment conservation to be nominated by the Union territory administration of Jammu and Kashmir for a term of three years each. Non-Official Member; 4. An expert in Biodiversity to be to be nominated by the Union territory administration of Jammu and Kashmir for a term of three years each. Non-Official Member; 5. Deputy Commissioner, Srinagar Member, ex-officio; 6. Deputy Commissioner, Ganderbal Member, ex-officio; 7. Deputy Commissioner, Anantnag Member, ex-officio; 8. Deputy Commissioner, Pulwama Member, ex-officio; 9. Municipal Commissioner, Srinagar Member, ex-officio; 10. Director Tourism, Kashmir Member, ex-officio; 11. Vice-chairman, Srinagar Development Authority Member, ex-officio; 12. Regional Director, J&K State Pollution Control Board, Srinagar Member, ex-officio; 13. Senior Town Planner, Kashmir Member, ex-officio; 14. Divisional Forest Officer, Sindh Forest Division Member, ex-officio; 15. Divisional Forest Officer, Lidder Forest Division Member, ex-officio; 16. Divisional Forest Officer, Awantipura Member, ex-officio; 17. Divisional Forest Officer, Urban Forestry Srinagar Member, ex-officio; 18. Chief Executive Officer, Sonmarg Development Authority Member, ex-officio; 19. Chief Executive Officer, Pahalgam Development Authority Member, ex-officio; 20. Wildlife Warden, Central Division Member, ex-officio; 21. Wildlife Warden, South Division Member, ex-officio; 22. Regional Wildlife Warden, Kashmir Member Secretary, ex- officio. 6. Functions of the Monitoring Committee : (1) The Monitoring Committee shall, based on the actual site- specific conditions scrutinize, the activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 1553 (E), dated the 14 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, and referred to the Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, as the case maybe, for prior environmental clearances under the provisions of the said notification. (2) The activities that are not 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 14th 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 scrutinized by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned Regulatory Authorities. (3) The Member Secretary of the Monitoring Committee or the concerned Collector(s) or the concerned Deputy Conservator of Forests shall be competent to file complaints under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification. (4) 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. (5) The Monitoring Committee shall submit the annual action taken report of its activities as on 31 st March of every year by 30 th June of that year to the Chief Wildlife Warden in the state as per pro- forma appended at Annexure V. (6) 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. Additional measures -The Central Government and Union Territory Government may specify additional measures, if any, for giving effect to provisions of this notification. ANNEXURE- I BOUNDARY DESCRIPTION OF ECO-SENSITIVE ZONE AROUND DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARY IN THE UNION TERRITORY OF JAMMU & KASHMIR The description of the boundaries of eco-sensitive zone proposed around Dachigam National Park, Overa – Aru and Thajwas Wildlife Sanctuary in physical terms (like roads, hills, river bodies etc.) by starting from a point on the boundary and then moving clockwise along the boundary and reaching back to the starting point is described as under: Sl. No. Clockwise point marked on map (Annexure - IIB) Latitude Longitude Distance from PA boundary Description Boundary Boundary Area, Pambach Khod Area Watwagar VILLAGE, Lidder Forest Nala Forest Sangam Pasture, Sarnar Pasture Pasture Pasture Pasture PASTURE Forest VILLAGE,SINDH Forest DIVN Boundary Forests Dara CR Boundary Water body Village Land Zawan Forest ANNEXURE-II A LOCATION MAP OF ECO-SENSITIVE ZONE OF DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARYALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATION ANNEXURE-II B SATELLITE MAP SHOWING BOUNDARIES OF ECO-SENSITIVE ZONE AROUNDDACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARYALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATION ANNEXURE-II C TOPOSHEET MAP OF ECO-SENSITIVE ZONE AROUND DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARY ANNEXURE-II D LAND USE LAND COVER MAP OF ECO-SENSITIVE ZONE AROUND DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARY MAP OF ECO-SENSITIVE ZONE AROUND DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARY ANNEXURE-III TABLE SHOWING THE GEO-COORDINATES OF THE PROTECTED AREA OF DACHIGAM NATIONAL PARK, THAJWAS (BALTAL) WILDLIFE SANCTUARY AND OVERA-ARU WILDLIFE SANCTUARY Sl. No. GPS Point Latitude Longitude 1 T1 34 18’ 31.334” N 75 16’ 1.008” E 2 T2 34 15’ 19.739” N 75 24’ 55.872” E 3 T3 34 8’ 48.822” N 75 32’ 56.938” E 4 T4 34 6’ 0.385” N 75 31’ 49.779” E 5 T5 34 9’ 52.582” N 75 27’ 25.352” E 6 O1 34 15’ 39.604” N 75 15’ 37.636” E 7 O2 34 0’ 29.406” N 75 18’ 52.83” E 8 O3 34 11’ 44.538” N 75 7’ 40.264” E 9 O4 33 56’ 9.122” N 75 16’ 29.126” E 10 O5 34 4’ 12.609” N 75 12’ 19.830” E 11 O6 34 9’ 53.328” N 75 19’ 47.445” E 12 North 34 10’ 59.814” N 75 0’ 46.439” E 13 East 34 7’ 18.640” N 75 8’ 49.395” E 14 South 34