stating that the subject area was falling
under Eco Sensitive Zone (ESZ) of Eturunagaram Wild Life Sanctuary and
directed to stop the de-casting operations ... operations on the alleged ground that the subject lands were falling
in ESZ and it was also informed in the said letter that de-casting
petitioner-company to stop further quarrying
operations till the Eco Sensitive Zone (ESZ) demarcation is
completed. The company was further informed that the
quarry lease ... area held by the company falls within the
jurisdiction of ESZ of Pocharam Wild Life Sanctuary as per
Gazette Notification and as per Wild Life
petitioner-company to stop further quarrying
operations till the Eco Sensitive Zone (ESZ) demarcation is
completed. The company was further informed that the
quarry lease ... area held by the company falls within the
jurisdiction of ESZ of Pocharam Wild Life Sanctuary as per
Gazette Notification and as per Wild Life
clearances and permissions for undertaking sand
mining. Development activities were prohibited in ESZ's
including mining operations. Conducting mining operations
were in violation ... Environment Protection Rules, 1986 and Guidelines for Eco-
Sensitive Zones (ESZ), the area had to be declared as ESZ only
after a draft publication
permissions
issued for de-casting of sand from the Eco-Sensitive Zone (ESZ)
of Eturunagaram Wildlife Sanctuary.
(ix) In view of the above, the DLSC ... casting of sand on the ground
that the Eco-Sensitive Zone (ESZ) draft notification is under
process and that detailed procedure is involved for notification
permissions
issued for de-casting of sand from the Eco-Sensitive Zone (ESZ)
of Eturunagaram Wildlife Sanctuary.
(ix) In view of the above, the DLSC ... casting of sand on the ground
that the Eco-Sensitive Zone (ESZ) draft notification is under
process and that detailed procedure is involved for notification
permissions
issued for de-casting of sand from the Eco-Sensitive Zone (ESZ)
of Eturunagaram Wildlife Sanctuary.
(ix) In view of the above, the DLSC ... casting of sand on the ground
that the Eco-Sensitive Zone (ESZ) draft notification is under
process and that detailed procedure is involved for notification
that the lands of the petitioners are within the Eco-Sensitive Zone
(ESZ) as they are within a distance of 10 kilometres from ... kilometres is necessary to be
maintained only in the case of ESZ.
8. However, the said argument was rebutted by the learned
Assistant Government Pleader
activities located within 10 kms of
National Parks/Wildlife Sanctuaries wherein
ESZ has not been finally notified and listed in
the Schedule ... clearance was required from
the SCNBWC. It was specifically mentioned
that the ESZ should be notified (not being draft
notification), but in the present case
felling
on the recommendation of the Divisional Forest in whose jurisdiction
the ESZ fall who will recommend in accordance with the existing
provisions of Central ... Wildlife Sanctuary, however, even if
the subject land does fall under the ESZ of Eturunagarm Wildlife Sanctuary,
the felling of trees is a regulated activity
