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37. Learned counsel for the lessees, on the other hand, stated that so far as the State of Goa is concerned, on the one side, there is a coastal regulation zone in which mining is not permitted and, on the other side, are the National Parks and Wildlife Sanctuaries in which again mining is not permitted and as a consequence a very small strip of land is available for mining. They submitted that there is no basis for presuming that an area outside the limits of a National Park or a Wildlife Sanctuary is required to be maintained as a buffer zone. They submitted that by the order dated 04.12.2006 of this Court passed in Writ Petition (C) No.460 of 2004, this Court did not finally fix the buffer zone of 10 kms. from the boundaries of National Parks and Wildlife Sanctuaries, but granted a last opportunity to the States to submit their recommendations for eco-sensitive zone and that the issue is still pending in I.A. No.1000 in Writ Petition 202 of 1995 in T.N. Godavarman Thirumulpad v. Union of India & Ors. They further argued that by the order dated 04.08.2006, this Court had only directed that no mining would be permitted by Temporary Working Permits within 1 km. from the National Parks and Wildlife Sanctuaries and by the said order, absolute ban has not been imposed against mining even within 1 km. from the boundaries of National Parks and Wildlife Sanctuaries. They argued that for declaration of eco-sensitive zone, a notification under Section 3 of the Environment (Protect) Act, 1986 is mandatory and till date no such notification has been issued for the State of Goa delineating any eco-sensitive zone and in the absence of such a notification mining activities cannot be prohibited beyond the boundaries of a national park/wildlife sanctuary.

(vi) Further, the State Government has also directed that no ‘Forest Land’ is to be diverted for any mining purpose.

He submitted that considering all these constraints, the State Government has recommended that an area up to 1 km. from the boundaries of National Parks/Wildlife Sanctuaries should be treated as safety zones but even in these safety zones mining activity should be prohibited in a phased manner in 5 to 10 years.

39. Mr. Mohan Parasaran, learned Solicitor General, submitted that the Principal Chief Conservator of Forests and Chief Wildlife Warden, Government of Goa, vide his letter dated 02.05.2013 has submitted six proposals for declaration of eco-sensitive zones around six protected areas in the State of Goa (National Parks/Wildlife Sanctuaries) and the proposals were referred to a Committee constituted under the Chairmanship of Dr. Rajesh Gopal, Additional Director General of Forests and Member Secretary of National Tiger Conservation Authority-Chairman, with the following Terms of Reference:

(iii) The Committee will submit its views on whether any of the natural boundaries of the PAs in Goa could be an effective boundary of a robust Eco-Sensitive Zone around the P.A. He submitted that the Committee has submitted its report on 18.10.2013 and the report has been considered by the Ministry of Environment and Forests and by office memorandum dated 24.10.2013, the Ministry of Environment and Forests has not accepted the recommendation of the Government of Goa regarding buffer zone and instead accepted the recommendation of the Committee to define the eco-sensitive zones in site specific manner subject to the relevant Court orders on the subject and that a draft notification defining eco-sensitive zones around each of the six protected areas would be issued for stakeholder consultations.

46. In fact, we find that the process of issuing a notification under Rule 5 of the Environmental Protection Rules, 1986 prohibiting mining activities in eco-sensitive zones around the National Parks or Wildlife Sanctuaries in the State of Goa has now been initiated. The Government of Goa vide letter dated 02.05.2013 submitted the following six proposals for declaration of eco- sensitive zones around protected areas in the State of Goa to the Ministry: (i) Cotigao Wildlife Sanctuaries; (ii) Netravali Wildlife Sanctuary; (iii) Bhagwan Mahaveer Wildlife Sanctuary and Bhagwan Mahaveer National Park; (iv) Madei Wildlife Sanctuary; (v) Bondla Wildlife Sanctuary; and (vi) Dr. Salim Ali Bird Sanctuary. These six proposals were referred to a Committee constituted under the Chairmanship of Dr. Rajesh Gopal, Additional Director General of Forests and Member Secretary of National Tiger Conservation Authority, with specified terms of reference and the Committee gave its findings and the Ministry of Environment and Forests, Government of India by the Office Memorandum dated 24.10.2013 have accepted the findings of the Committee and rejected the proposals of the Government of Goa. It is also stated in the Office Memorandum dated 24.10.2013 of the Ministry of Environment and Forests, Government of India that a draft notification defining Eco-Sensitive Zones around each protected area is being issued for stakeholder consultations. This notification will have to be issued under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and after objections are received, the Central Government will have to consider the same and thereafter take the decision regarding imposition of prohibition of mining activities in the eco sensitive areas within the period stipulated in sub-rule 3(b) of Rule 5 of the Environment (Protection) Rules, 1986. At this stage, we can only direct the Ministry of Environment and Forests to follow the procedure and issue the notification of eco sensitive zones under Rule 5 of the Environment (Protection) Rules, 1986 within six months.