The Eco-Sensitive Zone (ESZ) is a concept/provision implemented through a notification process by the Ministry of Environment, Forests and Climate Change (MoEFCC). ESZs, also known as Ecologically Fragile Areas (EFAs), are areas surrounding India's National Parks and Wildlife Sanctuaries. The concept originated from the National Wildlife Action Plan (2002-2016), which stipulated that land within 10 km of protected area boundaries should be declared as ESZs. The purpose is to create a "shock absorber" or transition zone to regulate and manage activities, thereby minimizing the negative impact on the core protected areas.
The legal foundation for declaring ESZs is the Environment (Protection) Act, 1986, specifically Section 3(2)(v), which empowers the Central Government to restrict industrial operations in ecologically sensitive areas. The MoEFCC issued comprehensive guidelines in 2011 for their regulation. The mechanism works by classifying activities within the zone into three categories: Prohibited (e.g., commercial mining, polluting industries), Regulated (e.g., felling of trees, establishment of hotels), and Permitted (e.g., organic farming, rainwater harvesting). State governments are mandated to prepare a Zonal Master Plan to regulate development.
The ESZ framework is closely connected to the Wild Life (Protection) Act, 1972, which governs the protected areas they surround. Recently, the Supreme Court of India significantly modified its earlier ruling. The Court's judgment on June 3, 2022, had mandated a minimum 1 km ESZ around all protected areas. However, in the case In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors. (Citation: 2023 LiveLaw (SC) 351), the Court modified this on April 27, 2023, holding that the 1 km rule is not mandatory where a final or draft ESZ notification already exists. This modification allows for site-specific ESZs, but the prohibition on mining within the protected area and within 1 km of its boundary was retained.