Final Notification Declaring Eco Sensitive Zone S.O. No. 2633(E) around Bhimashankar Wildlife Sanctuary, Maharashtra

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 2334] NEW DELHI, THURSDAY, AUGUST 6, 2020/SHRAVANA 15, 1942 107,111,91 से 26, 281, 279 स े284, 335, 148, 146, 145, 161 से 150, 151, 153,78 से 80, 36, 42,43, 47,से 49 सं. 284, 198, 200, 199, 274, 238 स े243, 191, 128, 140, 206बी, 228, ए ई 19o 12’ 35.80’’ पू730 36’ 45.85’’ इ ई 19o 07’ 41.02’’ पू730 37’ 23.71’’ ओ ई 19o 05’ 04.96’’ पू730 31’ 40.36’’ 01 ई 19o 13’ 09.2’’ पू730 40’ 07.8’’ 02 ई 19o 12’ 58.3’’ पू730 38’ 55.9’’ 03 ई 19o 12’ 31.1’’ पू730 38’ 26.2’’ 04 ई 18o 59’ 55.4’’ पू730 35’ 23.1’’ 05 ई 18o 59’ 17.8’’ पू730 36’ 06.4’’ 06 ई 18o 58’ 57.4’’ पू730 35’ 53.5’’ 07 ई 19o 1’ 57’’ पू730 31’ 58’’ 08 ई 19o 1’ 58’’ पू730 27’ 30’’ 09 ई 19o 4’ 00’’ पू730 27’ 30’’ 10 ई 19o 5’ 10’’ पू730 29’ 58’’ 11 ई 19o 7’ 58’’ पू730 31’ 30’’ 12 ई 19o 8’ 53.20’’ पू730 28’ 49.08’’ 13 ई 19 o10’ 20.24’’ पू730 30’ 7.56” 14 ई 19 o12’ 18.65’’ पू730 32’ 2.65” 15 ई 19 o11’ 42.00’’ पू730 33” 3.42” 16 ई 19o 12’ 17.78’’ पू730 35’ 5.60’’ 17 ई 19o 13’ 48.54’’ पू730 37’ 59.56’’ 18 ई19 o 15' 16.9" पू730 39' 13.9" 19 ई19 o 16' 22.4" पू73 o 42' 33.7" 20 ई19 o 14' 03.2" पू73 o 42' 52.5" IX 19 07 0.477 73 37 0.390 XXXI MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 5th August, 2020 S.O. 2633(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. 2682 (E), dated the 25 th July, 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 26 th July, 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, the Bhimashankar Wildlife Sanctuary is located in Pune, Thane and Raigad Districts in the State of Maharashtra; AND WHEREAS, the Bhimashankar Wildlife Sanctuary was notified vide notification of the State Government of Maharashtra number WLP. 1045/C.R.588/ (II)/F-5, dated the16 th September, 1985, over an area 130.78 square kilometers; AND WHEREAS, the said Sanctuary is known for avifauna with species of birds including Indian shag, little cormorant, little egret, Indian pond heron, Asian openbill, black winged kite, brahmny kite shikra, red wattled lapwing, common sandpiper, spotted dove, etc; AND WHEREAS, the protected area of the said sanctuary has very high faunal and floral diversity with about 22 species of mammals, about 25 species of reptiles and many species of amphibian are found; while the flora of this area is represented by “8A/C2 Western sub tropical hill forests” including species like mango (Magifera indica), jambhul (Schyzigium cummini), pisa (Actinodaphne hooker), sisam (Dalbergia latifolia), anjani (Memecyclon), behada (Terminalia belerica), ain (Terminalia tomentosa), moha (Madhuca indica), palas (Butea monsperma), Pangara (Erythrina variegata), Khair (Acacia catechu), kakad (Garuga pinnata), Shisham (Dalbergia latifolia), tiwas (Ougeinia ouieinensis) etc. among trees and karwand (Carrissa carandus) karmati (Grewia villosa), dhayti (Woodfordia fruticosa), karvi (Carvia callosa), nirgudi (Vitex negundo), adulsa (Adhatoda vasica) etc. among shrubs and grasses; AND WHEREAS, the said protected area also supports important wildlife such as common leopard, Jungle cat, small Indian civet, striped hyena, barking deer, western hanuman langur, common grey mongoose, etc; AND WHEREAS, the extremely close vicinity of the above-mentioned Sanctuary to human habitation and ongoing developmental activities, necessitate the requirement of proper safeguards and control over such activities; AND WHEREAS, the forests of this Sanctuary intercept rainfall and help recharge ground water aquifer and protect rivers and streams against siltation by minimising soil erosion and the Sanctuary has a well knit network of many streams spreading throughout the Sanctuary, almost all streams are of seasonal nature, they form Bhima River, which drains into major dam Chaskaman, whereas Ghod River, and Bubara River having major dam Dimbha Dam named as Babu Genu reservoir; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of which are specified in paragraph 1 around the Bhimashankar Wildlife Sanctuary 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 0.05 kilometres to 10 kilometres around the boundary of the Bhimashankar Wildlife Sanctuary, in Pune, Thane and Raigad Districts in the State of Maharashtra as the Bhimashankar 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 0.05 kilometres to 10 kilometres around the boundary of the Bhimashankar Wildlife Sanctuary and the area of the Eco-sensitive Zone is 101.62 square kilometres. Fifty (50) metres minimum extent of Eco- sensitive Zone was justified by the State as: (a) The western side of the protected area has a high unbroken ridge of the Western Ghats composed of Basaltic lava passing in a north south direction. It comprises steep slopes/deep cliff and valleys towards the west in the Konkan region. These cliffs act as a natural barrier/buffer on western and northern side of the Bhimashankar Wildlife sanctuary. (b) As per state of forest report 2017, the areas included in the Eco-sensitive Zone (beyond 50 meters) fall mostly in the open forest category (with the density of less than 0.4). The flagship species of Bhimashankar Sanctuary is Indian Giant Squirrel which is a harboreal squirrel dependent on mature and diverse forest with continuous canopy cover. The area beyond 50 meters of the Eco-sensitive Zone is mainly of open forest which has very less continuous canopy cover. (2) The boundary description of the Bhimashankar Wildlife Sanctuary and its Eco-sensitive Zone is appended as Annexure-I. (3) The maps of the Bhimashankar Wildlife Sanctuary demarcating Eco-sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA and Annexure-IIB. (4) Lists of geo-coordinates of the boundary of the Bhimashankar 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 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) Agriculture; (iv) Revenue; (vi) Tourism; (vii) Rural Development; (viii) Irrigation and Flood Control; (ix) Municipal; (xi) Maharashtra State Pollution Control Board; 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 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 in clause (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 the 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 the 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 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 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 the 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 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 (ESM) 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 in compliance with the applicable laws and efforts shall be made for use of cleaner fuels. (16) Industrial units.– (i) 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 the 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 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 otherwise specified in this notification and in addition the non-polluting cottage industries shall be promoted. 3. Establishment of major hydro- electric project. Prohibited (except as otherwise provided) as per the applicable laws. S. No. Activity Description 4. Use or production or processing of any hazardous substances. Prohibited (except as otherwise provided) as per the applicable laws. 5. Discharge of untreated effluents in natural water bodies or land area. Prohibited (except as otherwise provided) as per the applicable laws. 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 (except as otherwise provided) as per the applicable laws. 8. New encroachment and their regularisation on forest land. Prohibited (except as otherwise provided) as per the applicable laws after the 13 th December, 2005. 9. 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. 10. 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. 11. 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. S. No. Activity Description 12. 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. 13. Collection of Forest produce or Regulated as per the applicable laws. 14. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws (underground cabling may be promoted). 15. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules, regulations and available guidelines. 16. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation as per the applicable laws, rules, regulation and available guidelines. 17. 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. 18. Protection of hill slopes and river banks. Regulated as per the applicable laws. 19. Movement of vehicular traffic at night. Regulated fo