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Legal Review by
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Updated by
Published on
September 18, 2016
July 15, 2024
Edited on
September 18, 2016
Protected Areas
Eco-Sensitive Zone
Eco-Sensitive Zone
Starting Year
The National Wildlife Action Plan, 2002-16, stipulated that state governments should declare land falling within 10 kilometres of the boundaries of national parks and sanctuaries as Eco-Sensitive Zone (ESZ) under the Environment (Protection) Act, 1986. In 2012, the Ministry of Environment, Forests and Climate Change (MoEFCC), following a campaign by several environmentalists led by Dr. G D Agarwal, declared an area between Gaumukh to Uttarkashi as an Eco-Sensitive Zone. The campaign was born out of growing dismay among local communities, pilgrims, and environmentalists over the density of dams in the region affecting terrain stability, fish diversity and local ecosystems. This ESZ, known as Bhagirathi is spread over 4,179.56 square kilometres and includes 88 villages.
According to guidelines, activities such as commercial mining and the establishment of sawmills and industries causing pollution are prohibited in such areas. It also prohibits tourism activities like flying over protected areas in an aircraft or in a hot air balloon and discharge of effluents and solid waste in natural water bodies or terrestrial areas. Felling of trees, drastic change in agriculture systems and commercial use of natural water resources, including groundwater harvesting and setting up of hotels and resorts, are also regulated in these areas.
The total area of Uttarkashi is 7,951 square kilometres. Of this, 3,347 square kilometres have already been declared a protected area. With the inclusion of Bhagirathi, 80 per cent of the land in Uttarkashi would come under a protected area, and only 3.5 per cent of land would be left for commercial activities. While organic farming and locally-led animal husbandry and development activities are permitted, commercial infrastructure will be affected. Hence some local people are against the proposed ESZ.
Dehradun-based social activist Avdhash Kaushal threatened to launch an agitation against the 2012 notification, [arguing](https://www.hindustantimes.com/dehradun/no-scientific-backing-behind-centre-notifying-eco-sensitive-zone-in-uttarakhand-activist/story-eEJP5AeHn25JxAPf4U3nrI.html#:~:targetText=Social activist Avdhash Kaushal Tuesday,to procure electricity from outside) that because of the ESZ status Uttarakhand has to spend nearly Rs 1,000 crore every year to buy electricity as no new hydroelectricity projects are allowed. He contended that instead of a blanket ban, the rules should allow construction and commercial activities on the hill slope subject to environmental approval, no loss of green areas and no damage to water resources.
After years of protests by environmentalists and objections by the Uttarakhand government that the notification was 'anti-development, on 16 April 2018, the MoEFCC amended it. Land use change was thus approved to meet local needs, including infrastructure development in larger public interest and national security. It also allowed the cutting of hills in the area and construction on steep slopes.
On 17 July 2020, Union Environment Minister announced the approval of the contentious Zonal Master Plan (ZMP) of the Bhagirathi Eco-Sensitive Zone, paving the way for the Char Dham road project in Uttarakhand. In August, nine eminent scientists, geologists & environmentalists who were either part of a SC-appointed scrutiny group or a NGT-appointed committee for preparation of the ZMP of BESZ said that the ZMP did not have their consent.
In 2022, the ESZ rules were further amended wherein 'study of Environmental Impacts and complying with their mitigation options' clause was removed for works related to re-construction, disaster mitigation, lift irrigation, hospitals, schools, food godowns and other social infrastructures. The amendment of 2022 further reduced the Centre's oversight of the ESZ as it now allowed amendment to be made by the approval from ‘competent authority of the state government’ and not the MoEF.
To allow developmental projects following due environmental process for local economy rather than blanket ESZ in the region
Rural
Common
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land, Non-agri rural enterprise, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
10000
Type of investment:
Cost of Project
Year of Estimation
2014
Page Number In Investment Document:
Has the Conflict Ended?
Yes
When did it end?
April 2018
Why did the conflict end?
Community's original demands were met
The Ministry of Environment, Forests and Climate Change amended its 2012 notification to allow development projects in the state following due process of environmental clearance and consent of local communities.
Categories of Legislations Involved in the Conflict
Environmental Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
Forest Department, Ministry of Environment, Forests and Climate Change
PSUs Involved in the Conflict:
NTPC, UJVNL, THDC
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Local farmers
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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