Final Notification Declaring Eco Sensitive Zone S.O. No.1717(E) around Bassi Wildlife Sanctuary, Rajasthan

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1593] NEW DELHI, FRIDAY, APRIL 30, 2021/ VAISAKHA 10, 1943 7 I 25 6 13.69 74 53 28.71 7 II 25 6 3.48 74 53 31.81 8 I 25 6 2.57 74 53 44.12 8 II 25 6 4.44 74 53 50.79 8 III 25 5 59.49 74 53 59.75 (एम.पी) 24054’7.62’’ 74054’29.92’’ (एम.पी) 24056’36.51’’ 74051’48.97’’ MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th, April, 2021 S.O. 1717(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 4008(E), dated the 4th November 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 6th November 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; WHEREAS, Bassi Wildlife Sanctuary is spread over an area of 138.69 square kilometres and located in Chittorgarh and Begun Tehsil of Chittorgarh District in the State of Rajasthan; AND WHEREAS, the revenue area inside the notified boundary of the Bassi Wildlife Sanctuary is not part of the Sanctuary as mentioned in the notification. The Orai river across which Orai and Bassi dams have been constructed passes through this Sanctuary. These dams provide excellent water facility to wild animals and birds. It harbours rich biodiversity with the habitation of various types of wild animals and birds. A variety of medicinal plants and herbs are found in this area. The religious places such as Jharia Mahadev, Tukra Mata and Jhaleshwar Mahadev attract large number of pilgrims; AND WHEREAS, the major tree species of the Sanctuary are Acacia catechu (khair), Acaia leucophloea (ronjh), Acacia nilotica (desi bawalia), Acacia senegal (kumta), Adina cordifolia (haldu), Aegle marmelos (bili), Ailanthus excelsa (ardusa, paba), Alangium salvifolium (ankol), Albizzia lebbeck (black siris), Albizzia odoratissima (safed siris), Albizzia procera (safed siris), Annona sequamosa (sitaphal), Anogeissus pendula (dhokda), Anogeissus latifolia (dhavda), Anogeissus sericea (adrukh, indok), Anogeissus acuminata (dhok), Azadirachta indica (neem), Balanites aegyptica (hingot), Bauhenia recemosa (jhinjha, heetri), Bombax ceiba (semal), Boswellia serrata (salar), Butea monosperma (khakhro), Cassia fistula (karmela), Cassia siamea (kasid), Cordia mixa (gunda, lisoda), Crataeva religiosa (varna), Dalbergia sissoo (sissoo), Diospyros melanoxylon (timru), Ehretia laevis (tambolia), Emblica officinalis (amla), Erythrina suberosa (dhed khakhro), Euclyptus sp. (nilgiri), Ficus benghalensis (vad), Ficus racemosa (umara), Ficus religiosa (piplo), Flacourtia montana (kankan), Gardenia resinifera (dikamari), Grewia hirsuta (khad dhaman), Grewia tenax (gangeti), Grewia tiliaefolia (dhaman), Grewia villosa (gangeti), Holoptelia integrifolia (kanji), Hymenodictyon excelsum (lunio), Lannea coromandelica (godla), Leucaena leucocephala (subabul), Limonia acidissima (kotbadi), Madhuca indica (mahudo), Mangifera indica (amba), Melia azaderach (bakain neem), Mitragyna parviflora (kalam), Moringa oleifera (sahjana), Pithecellobium dulce (kikar), Pongamia pinnata (karanj), Prosopis cineraria (khijdo,), Prosops juliflora (vilayati), Soymida fabrifuga (royan), Sterculia urens (kadaya), Tamarindus indica (khatri amli), Tecomella undulata (rohida), Wrightia tinctoria (dudhi), Wrightia tomentosa (dudhi), Zizyphus mauritiana (bordi), Zizphus xylophyrus (ghat bor), etc; AND WHEREAS, the shrubs recorded from the Sanctuary are Abelmoschus manihot (jungli bhindi), Achyranthus aspera (ulta kanta), Aloe vera (patha),Brassica nigra (kali rai), Cannabis sativa (bhang), Cassia abrus (chimod), Cassia tora (puwad), Chenopodipum album (chil), Crotolaria juncea (saniya), Crotolaria medicaginea (ran methi), Desmodium dichotomum (shal parni), Eclipta alba (bhangaro), Evolvulus alsinoides (kalishankhavali), Leucas aspera (kubi), Leucas cephalotes (kubo jungli), Leucas zeylanica (kubo), Lindenbergia indica (patharchati), Ocimun canum (jungli tulsi), Phyllanthus niruri (bhoy amli), Physalis minima (popatiya), Portulacea oleracea (moti luni), Portulacea quadrifida (zini luni), Seasmum indicum (tal), Solanum surattense (bhoi ringni), Tribulus terrestris (gokharu), Tridax procumbens (kali mendhi), Urginea indica (jungli piyaj), Vernonia anthihelmintica (kali jiri), Xanthium strumarium (gokharu), Zornia diphylla (samar ani), etc; AND WHEREAS, major shrubs available in the Sanctuary are Adhatoda vesica (ardusa), Calotropis gigantea (akdo), Calotropis procera (akdo), Capparis decidua (ker), Capparis sepieria (kanther), Clerodendron phlomidis (arani), Dendrocolamus strictus (bans), Dendropthoe fulcuta (vahi-hankal), Dichrostachys cinerea (goya khair), Euphorbia cadueifolia (thor), Euphorbia nivulia (thor), Helicteres isora (marod phali), Holarrhena antidysenterica (kadwa), Jatropha carcus (ratna jyot), Jatropha gossypifolia (chhoti ratan jyot), Kirganelia reticulata (kamboi), Leptadenia pyrotechnica (khinp), Mimosa hamata (aila), Nyctenthes arbor-tristis (tamat), Plumbego zeylanica (chitrak), Ricinus communis (arundo), Securinega leucopyrus (shenvi), Thespesia lampas (paras pipal), Vitex nigundo (nagod), Vogelia indica (chitawal), Woodfordia fruticosa (dhavadi), Zizyphus glabarata (bordi), Zizyphus nummularia (chanibor), etc; AND WHEREAS, prominent climbers plant recorded from the Bassi Wildlife Sanctuary are Abrus precatorius (ratti), Ampelocissus latifolia (khata limbu), Asparagus racemosus (satvari), Cardiospermum halicacabum (kak mardika), Celastrus paniculata (mali), Cissampelos pareira (pahod bel), Coccinia indica (tindori), Cocculus hirsutus (vevdi), Cuscuta reflexa (amarvel), Dioscorea bulbifera (varahi kand), Hemidesmus indicus (dudhvel), Ipomoea nil (kaladana), Luffa acutangula (turia), Luffa echinata (kakadvel), Mucuna pruriens (kavach), Peuraria taberosa (gejvi), Rhynchosia bracteata (kamal vel), etc; AND WHEREAS, major fauna found in the Bassi Wildlife Sanctuary are wild boar (Sus scrofa), grey musk shrew (Sunchus murinus), bat (Cyanopterus sphynx), flying fox (Pteropus gigenticus), panther (Panthera pardus), common langur (Prebytis entellus), striped hyena (Hyaena hyaena), jungle cat (Felis chaus), five striped palm squirrel (Funambulus pennanti), Indian pangolin (Manis carassicaudata), Indian fox (Vulpes bengalensis), common mongoose (Herpestes edwardsi), ruddy mongoose (H. smithi), house rat (Rattus rattus), blue bull (Boselaphus tragocamelus), Indian hare (Lepus nigricollis), Indian porcupine (Hystrix indica), chinkara (Gazella gazella), jackal (Canis aureus), Indian small civet (Vivaricula indica), Indian bull frog (Rana tigerina), Indian burrowing frog (R. tomopterna),skipper frog (R. cynophlyctius), cricket frog (R. limnocharis), Indian balloon frog (Uperodon systoma),common toad (Bufo melanoctictus), marbled toad (B. andersoni), common skink (Mabuya carinata), cheakered keelback (Natrix piscator), rat snake (Ptyas mucosus), house lizard (Hemidactylus flaviviridis), starred tortoise (Geochalone elegans), garden lizard (Calotes versicolor), common Indian krait (Bungarus caerulens), Russel's viper (Vipera russelli), Indian chamaeleon (Chamaeleon zeylanicus), katla (Catla catla), rohu (Labeo rolita), grigal (Cirrhina mrigal), putthi (Puntius sarana), sarsi (Labeogranius), lanchi (Wallago attu), singhara (Mystus seenghati), kater (Mystus cavassius), sanwal (Channa manilius), singhi (Heteropntustis fossilis),bam (M. armatus), suiya (Bellana cancilla), baata (Labeo baata), AND WHEREAS, the bird species recorded from the Bassi Wildlife Sanctuary are painted francolin (Francolinus pictus), grey francolin (F. Pondicerianus), common quail (Coturnix oturnix), barred button quail (T. Suscitator), Indian peafowl (Pavo cristatus), Rudd shelduck (Tadorana ferruginea), gadwal (Anas strepera), Eurasian wigeon (A. Penelope), spot-billed duck (A. Poecilorhyncha), common Pochard (Aythya farina), common Teal (A.Crecca), yellow-crowned woodpecker (Dendrocopos mahrattensis), black rumped flameback (Dinopium benghalensis), coppersmith barbet (M. Heamcephala), Indian grey hornbill (Ocyceros birostris), common hoopoe (Upupa epops), European Roller (Coracias garrulous), Indian roller (C. Benghalensis), common kingfisher (Upupa epops), white-throated kingfisher (Halcyon smyrnesis), pied kingfisher (Ceryle rudis), green bee-eater (Merops orientalis), rose-ringed Parakeet (P. Krameri plum-headed parakeet (P. cynoceplala), house swift (Apus affinis), Eurasian Eagle Owl (Bubo bubo ), spotted owlet (Athene brama), Indian nightjar (Caprimulgus asiaticus), cavanna nightjar (C. Affinis), rock pigeon (Columba livia), yellow-footed green pigeon (Treron phoenicoptera), laughing dove (Streptopelia senegalensis), spotted Dove (S. Chinensis), Europian collared dove (S. decaocto), common moorhen (Gallinula chloropus), common coot (Fulica atra), common redshank (Tringa tetanus), Green Sandpiper (T. Ochropus), wood sandpiper (T. Glareola), common sandpiper (Actitis hypoleucos), Europian thick-knee (Burhinus oedicnemus), Little-ringed plover (Charadrius dubius), red-wattled Lapwing (Vanellus indicus), River Tern (Sterna aurantia), black-shouldered kite (Elanus caeruleus), black kite (Milvus migrans), Egyptian vulture (Neophron percnopterus), etc; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Bassi 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- sections (2) and (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 zero to 3.0 kilometres around the boundary of Bassi Wildlife Sanctuary, in Chittorgarh district in the State of Rajasthan as the 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 zero to 3.0 kilometres around the boundary of Bassi Wildlife Sanctuary and the area of the Eco-Sensitive Zone is 106.91square kilometres. The minimum extent of Eco-Sensitive Zone is zero at places where the National Highway and PWD road are marked as ESZ boundary. Direction Eco-sensitive Zone Boundary Points Distance North 1 to 14 0 to 3.0 kms North-East 14 to 17 0.015 to 0.5 kms East 17 to 48 0 to 1.11 kms South –East 48 to 58 0 to 3.0 kms South 58 to 81 0.5 to 3.0 kms South-West 81 to 84 0.157 to 1.4 kms West 84 to 89 0.015 to 0.325 kms North-West 89 to 1 0.030 to 0.650 kms (2) The boundary description of Bassi Wildlife Sanctuary and its Eco-Sensitive Zone is appended in Annexure-I. (3) The maps of the Bassi Wildlife Sanctuary demarcating Eco-Sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB and Annexure-IIC. (4) List of geo-coordinates of the boundary of Bassi 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 proposed 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 of 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; (x) Panchayati Raj; and (xi) 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 purpose 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 under 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 Eco-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 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 complied 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 compiled 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, (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 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.– (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 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 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 are 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 of the Hon’ble Supreme Court dated the 4th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21st 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, as amended from time to time, 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. 4. Use or production or processing of any hazardous substances. Prohibited. 5. Discharge of untreated effluents in natural water bodies or land area. Prohibited. 6. Setting 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. Commercial use of firewood. Prohibited. New wood based industry. Prohibited. Fishing. Prohibited. 11. Commercial establishment of hotels and resorts. No new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the protected area or upto the extent of Eco-Sensitive Zone, whichever is nearer, except for small temporary structures for eco-tourism activities: Provided that, beyond one kilometer from the boundary of the protected area or upto the extent of Eco-sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable. 12. Construction activities. (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. 13. Small scale non-polluting industries. Non-polluting industries as per classification of industries issued by the Central Pollution Control Board in February, 2016, as amended from time to time, and non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous materials from the Eco-sensitive Zone shall be permitted by the competent Authority. 14. Felling of trees. (a) There shall be no felling of trees 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. Collection of Forest produce or Non- Timber Forest produce. 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. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules and regulations available guidelines. 18. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation as per the applicable laws, rules and regulation and available guidelines. 19. 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. 20. Protection of hill slopes and river banks. Regulated as per the applicable laws. 21. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws. 22. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries. Permitted as per the applicable laws for use of locals. 23. 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. 24. 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. 25. Commercial extraction of surface and ground water. Regulated as per the applicable laws. 26. Solid waste management. Regulated as per the applicable laws. 27. Introduction of exotic species. Regulated as per the applicable laws. 28. Eco-tourism. Regulated as per the applicable laws. 29. Use of polythene bags. Regulated as per the applicable laws. 30. Commercial sign boards and hoardings. Regulated as per the applicable laws. 31. Rain water harvesting. Shall be actively promoted. 32. Organic farming. Shall be actively promoted. 33. Adoption of green technology for all activities. Shall be actively promoted. 34. Cottage industries including village artisans, etc. Shall be actively promoted. 35. Use of renewable energy and fuels. Bio-gas, solar light etc. shall be actively promoted. 36. Agro-Forestry. Shall be actively promoted. 37. Plantation of Horticulture and Herbals. Shall be actively promoted. 38. Use of eco-friendly transport. Shall be actively promoted. 39. Skill Development. Shall be actively promoted. 40. Restoration of degraded land/ forests/ habitat. Shall be actively promoted. 41. 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:- S. No. Constituent of the Monitoring Committee Designation (i) District Collector, Chittorgarh Chairman, ex officio; (ii) One representative of Non-Governmental Organization working in the field of environment to be nominated by the Government of Rajasthan for a term of one year in each case Member; (iii) One expert in the area of ecology and environment to be nominated by the Government of Rajasthan for a term of one year in each case Member; (iv) One representative from the State Biodiversity Board Member; (v) District level officers of the Public Works Department Member; (vi) District level officers of the Town Planning Department Member; (vii) District level officers of the Industry Department Member; (viii) Regional Officer (RO) of the State Pollution Control Board Member; (ix) Honorary Wildlife Warden, Chittorgarh Member; (x) Assistant Conservator of Forests, Bassi Wildlife Sanctuary Member-Secretary. 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 till further orders, provided that the non-official members of the Committee shall be nominated by the State Government from time to time. (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 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, 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 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, 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 Performa 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. The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification. 8. 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 ECO-SENSITIVE ZONE OF BASSI WILDLIFE SANCTUARY IN THE STATE RAJASTHAN North From Meghpura Chauraha the N.H. 76 upto the dispensary of Parsoli Village. From this point the ESZ Boundary continues along the N.H. 76 upto ESZ boundary Point no. 7 (Nala Bridge on N.H. 76 before Amarpura gravel road) then ESZ Boundary turn to south side along Nala near Amarpura village gravel road, Limestone mining area of Parsoli village upto Fatehpur village road then boundary turn to north side along with Fatehpur village road upto ESZ boundary point no. 9 (Fatehpur Road Bridge on N.H.76) of ESZ boundary. From this point the ESZ Boundary continues along the N.H. 76 Upto Nal Chauraha. East Thea area in between road from Nal Chauraha to villages Nal –Muroli-Umarkakhal – Gatabav Tiraha , West Boundary of Anoppura –Fatehpura –Charcha village and up to MP Border of the Bassi wildlife sanctuary. South The area of Madhya Pradesh state in a length of 2 km from the boundary of Bassi wildlife sanctuary starting from Charcha village of Rajasthan, whole area of Kunthali, Mataji ka khera and Gwaliar kalan villages of Madhya Pradesh upto village Devdungari (Rajsthan). West The area between the boundary of Bassi wildlife sanctuary from Devdugari village along vijaypur- Bassi road upto Bridge No. 8 From Bridge No. 8 to kailjar the Boundary of Eco-sensitive Zone and Bassi wildlife sanctuary shall overlap..From kailar village to Palka Tiraha along Vijaypur- Bassi and form Palka Tiraha to Meghpura Choraha along Bassi-Meghpura link Road. ANNEXURE- IIA GOOGLE MAP OF ECO-SENSITIVE ZONE OF BASSI WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE- IIB MAP OF ECO-SENSITIVE ZONE OF BASSI WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ON SURVEY OF INDIA (SOI) TOPOSHEET ANNEXURE- IIC MAP SHOWING LANDUSE PATTERN OF ECO-SENSITIVE ZONE OF BASSI WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ANNEXURE-III TABLE A: GEO- COORDINATES OF PROMINENT LOCATIONS OF BASSI WILDLIFE SANCTUARY S.No Identification of Prominent Points Location/ Direction Prominent Point Latitude (N) (DMS) Longitude (E) (DMS) 1 Near Bassi Dam North-East 25 2 12.13 74 49 32.27 3 Bherughati West-North 25 3 37.12 74 50 55.11 6 Near Rajgarh village East 25 5 2.8 74 50 55.54 29 Near Forest Naka Parsoli North-East 25 6 26.88 74 52 45.26 32 Near Naharghar Palace South 25 4 42.57 74 53 15.78 43 Near Somani Resort East-South 25 5 44.83 74 56 53.03 66 Near Kadmali Talav East 24 57 48.91 74 54 5.36 82 M.P. Border 24 54 59.97 74 54 37.74 83 M.P. Border 24 55 4.61 74 55 27.05 84 M.P. Border 24 55 48.15 74 54 10.57 85 M.P. Border 24 55 46.44 74 53 28.81 86 M.P. Border 24 56 14.3 74 53 14.82 87 M.P. Border 24 56 14.07 74 52 48.76 88 M.P. Border 24 55 46.62 74 52 44.67 89 M.P. Border 24 55 28.75 74 52 9.37 90 M.P. Border 24 57 13.41 74 51 44.72 91 M.P. Border 24 57 20.43 74 51 33.84 92 M.P. Border 24 57 40.29 74 51 33.48 93 M.P. Border 24 57 49.45 74 51 30.53 94 M.P. Border 24 58 4.2 74 51 5.65 95 M.P. Border 24 58 0.03 74 50 55.63 96 M.P. Border 24 58 7.12 74 50 34.55 97 M.P. Border 24 57 35.7 74 50 0.4 117 Near Vijaipur Tiraha East 25 0 39.54 74 47 8.54 TABLE B: GEO-COORDINATES OF PROMINENT LOCATIONS OF ECO-SENSITIVE ZONE Point No. Latitude (N) (DMS) Longitude (E) (DMS) 7 I 25 6 13.69 74 53 28.71 7 II 25 6 3.48 74 53 31.81 8 I 25 6 2.57 74 53 44.12 8 II 25 6 4.44 74 53 50.79 8 III 25 5 59.49 74 53 59.75