Full Text
REGD. No. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 1949]
NEW DELHI, FRIDAY, MAY 2, 2025/ VAISAKHA 12, 1947
LOCATION MAP OF
MANGALAVANAM BIRD SANCTUARY
ARABIAN SEA
Legend
Mangalavanam PA
Mangalavanam ESZ
MANGALAVANAM PA & ESZ
Enlarged Portion
ESZ
MANGALAVANAM PA
ECO SENSITIVE ZONE MAP
MANGALAVANAM BIRD SANCTUARY ON TOPO SHEET (C43Q1)
ESZ Area = 12.2 Ha
Legend
GPS Point
Mangalavanam PA
Mangalavanam ESZ
ECO SENSITIVE ZONE MAP
MANGALAVANAM BIRD SANCTUARY
ESZ Area = 12.2 Ha
Legend
GPS Point
Mangalavanam PA
Mangalavanam ESZ
Source: Esri Maxar GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN
and the GIS User Community
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 2nd May, 2025
S.O. 1993(E).- The following draft notification, which the Central Government proposes to issue in
exercise of the powers conferred by sub-section (1), read with clause (v) and clause (xiv) of sub-section (2) and
subsection (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required
under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be
affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after
the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made
available to the public;
Any person interested in making any objections or suggestions on the proposals contained in the draft
notification may forward the same in writing, for consideration of the Central Government within the period so
specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh
Road, Aliganj, New Delhi-110 003, or send it to the e-mail address of the Ministry at esz-mef@nic.in
DRAFT NOTIFICATION
WHEREAS, the Mangalavanam Bird Sanctuary, spread over an area of 0.0274 square kilometres is located
in Ernakulam Village of Kanayannoor Taluk of Ernakulam district in the State of Kerala. The Sanctuary was notified
as Bird sanctuary as per G. O. (MS) No.42/04/F & WLD dated 31st August, 2004 under section 18 of the Wildlife
(Protection) Act, 1972. The protected area is under the control of Assistant Conservator of Forests, NSC, Kalady who
also holds full additional charge of Wildlife Warden, Mangalavanam Bird Sanctuary;
AND WHEREAS, the protected area falls under West Coast (SA) biographic zone. The true mangrove and
mangrove associate species that exist in the area are Avicenia officinalis, Rhizophora mucronata, Acanthus ilicifolius
and Acrostichum aureum. There are more than 30 floral species, which also includes threatened species as per IUCN
in the Mangalavanam Bird Sanctuary. The other major flora available in the Sanctuary are: Alternanthera sp,
Azadirachta indica, Bruguiera parviflora, Caryota urens, Ceiba pentandra, Coccinia grandis, Cuscuta reflexa, Derris
trifoliate, Enterolobium saman, Eucalyptus sp, Ficus gibbosa, Hibiscus tiliaceus, Hydnocarpus alpine, Hygrophila sp,
Morinda tinctoria, Polyalthia longifolia, Pongamia pinnata, Tectona grandis, Terminalia catappa, Tinospora
cordifolia, etc.;
AND WHEREAS, the Mangalavanam Bird Sanctuary is also known as the “green lung of Kochi" its
existence supporting a good number of avifauna, bats, other animals and other floral species including mangroves
amidst a busy city like Emakulam is very vital. The important avifaunal species found in the Sanctuary are as follows:
large cormorant (Phalacrocorax carbo), little cormorant (Phalacrocorax niger), darter (Anhinga rufa), grey heron
(Ardea cinerea), purple heron (Ardea purpurea), cattle egret (Bubulcus ibis), large egret (Ardea alba), smaller median
egret (Egretta intermedia), little egret (Egretta zetta), lesser whistling teal (Dendrocygna javanica), black winged kite
(Elanus caeruleus), pariah kite (Milvus migrans), Indian shikra (Accipiter badius), crested serpent eagle (Spilornis
cheela), redwattled lapwing (Vanellus indicus), marsh sandpiper (Tringa stagnatilis), wood sandpiper (Tringa
glareola), blue rock pigeon (Columba livia), spotted dove (Streptopelia chinensis), whitebreasted kingfisher (Halcyon
smyrnensis), golden oriole (Oriolus oriolus), black drongo (Dicrurus macrocercus), purple sunbird (Nectarinia
asiatica), house sparrow (Passer domesticus), small green barbet (Megalaima viridis), crimson breasted barbet
(Megalaima haemacephala), black rumped flameback (Dinopium benghalense), ashy crowned finch lark
(Eremopterix grisea), sky lark (Alauda sp.), wire-tailed swallow (Hirundo smithii), Rufous tree pie (Dendrocitta
vagabunda), house crow (Corvus splendens), etc;
AND WHEREAS, the mangroves with a unique combination of specialized plants and animals are known
for their ecological functions. They play an important role in stabilizing the land along the coast and backwaters.
These specialized ecosystems accommodate a variety of marine and freshwater organisms as their nursery and feeding
grounds. There is only 900 hectare of mangrove areas left within the State. Most of the mangrove areas within the
state fall under either private ownership or revenue land and are worst disturbed due to varieties of developmental
activities;
AND WHEREAS, Mangalavanam Bird Sanctuary with a small extent of 2.74 hectare of tidal wetland
supports mangrove vegetation which comprises of five species of mangroves and 25 other floral species. This patch of
mangrove forest used to support an avifauna of 97 species comprising of both migratory and resident birds. It is
fascinating to note that the small area in the midst of busy Ernakulam city is used by species of aquatic avifauna for
nesting;
AND WHEREAS, apart from wetland birds, considerable number of migratory avian species visits
Mangalavanam Bird Sanctuary seasonally and it is a nesting site for other avian colonial nesters. There is a colony of
bats (Indian flying fox) consisting of approximately 1000 number of bats. There are no Rare, Endangered, Endemic or
Threatened species in Mangalavanam Bird Sanctuary except Lutra lutra (Eurasian otter), which is in Near Threatened
category as per IUCN but there are no signtings of this mammal from last decade;
AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of
Mangalavanam Bird 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-
section (2) and sub-section (3) of Section 3 of the Environment (Protection) Act 1986 (29 of 1986) read with sub-rule
(3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an Eco-Sensitive
Zone around the boundary of Mangalavanam Bird Sanctuary of Kerala (herein after referred to as the Eco-sensitive
Zone) details of which are as under, namely: -
1. Extent and boundaries of the Eco-Sensitive Zone – (1) The extent of Eco-Sensitive Zone varies from 0
(zero) to 0.55 kilometre around the boundary of Mangalavanam Bird Sanctuary. The area of Eco-Sensitive
Zone is 0.122 square kilometre inclusive of the land belonging to Southern Railway. The Extent of Eco-
Sensitive zone in different directions is given below: -
+-------------+------------------------------+--------------------------------+
| DIRECTION | | EXTENT (in km) |
| | From the centre of Protected | From the boundary of Protected |
| | Area | Area |
+=============+==============================+================================+
| North | 0 | 0 |
+-------------+------------------------------+--------------------------------+
| South | 0.226 | 0.11 |
+-------------+------------------------------+--------------------------------+
| East | 0.263 | 0.16 |
+-------------+------------------------------+--------------------------------+
| West | 0 | 0 |
+-------------+------------------------------+--------------------------------+
| North-East | 0.679 | 0.55 |
+-------------+------------------------------+--------------------------------+
| North-West | 0 | 0 |
+-------------+------------------------------+--------------------------------+
| South-East | 0.271 | 0.215 |
+-------------+------------------------------+--------------------------------+
| South-West | 0 | 0 |
+-------------+------------------------------+--------------------------------+
Justification for ESZ extent of 0 km in different directions of the protected area-
a) The Eco-Sensitive Zone (ESZ) along the northern boundary of Mangalavanam Bird Sanctuary is of zero
extent because it is bordered by land owned by M/s Bharat Petroleum Ltd., where there is insufficient tree
cover.
b) The western boundary of Mangalavanam Bird Sanctuary is bordered by land owned by M/s Central Marine
Fisheries Institute and Dr. Salim Ali Road, where there is insufficient tree cover.
c) The north-western boundary of Mangalavanam Bird Sanctuary is bordered by land owned by M/s Kerala State
Housing Board, additionally there is insufficient tree cover.
d) The Eco-Sensitive Zone along the south-western boundary of Mangalavanam Bird Sanctuary is of zero extent
because it is bordered by old buildings, including the Kerala High Court and the Central Marine Fisheries
Research Institute.
(2) The Maps of the Mangalavanam Bird Sanctuary and its Eco-sensitive Zone is appended as Annexure- I A to I
C.
(3) The boundary description of the Eco-Sensitive Zone is appended as Annexure-II.
(4) The geo-coordinates of the prominent locations of Mangalvanam Bird Sanctuary and its Eco-Sensitive Zone
mentioned at Table A and B is appended as Annexure-III.
(5) Eco-sensitive Zone of Mangalavanam Bird Sanctuary doesnot comprises of any village settlement. The area is
under the administrative control of the Revenue Department (Ernakulam Village) and is under the
possession/ownership of Indian Railways (Southern Railways, Chennai).
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 two
years from the date of publication of this notification in the Official Gazette, in consultation with local people and
in conformity to the provisions of this notification.
(2) The Zonal Master Plan for the Eco-Sensitive Zone shall be prepared by the State Government in accordance with
the provisions of 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. Local Self Government Department;
iv. Agriculture;
v. Revenue;
vi. Urban Development;
vii. Tourism;
viii. Rural Development;
ix. Irrigation and Flood Control;
x. Municipality;
xi. Panchayati Raj;
xii. Public Works Department;
xiii. Kerala State Pollution Control Board.
(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, green area, such as, parks and it's 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
community's 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.
(10) Until the preparation of the Zonal Master Plan for the Eco-Sensitive Zone, all new construction and other
developmental activities shall be referred to the Monitoring Committee.
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 major commercial or major
residential complex or industrial activities.
Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part
(a), 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/State Government as applicable and vide provisions of this Notification, to meet the residential needs of the
local residents 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 and 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 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 above 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;
a) the Tourism Master Plan shall be prepared by the Department of Tourism in consultation with the
Departments of Environment and Forests of the State Government;
b) the Tourism Master Plan shall form a component of the Zonal Master Plan;
c) the Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco-Sensitive Zone;
d) the activities of eco-tourism shall be regulated as under, namely: -
i. 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 and the eco-tourism
guidelines issued by the National Tiger Conservation Authority (as amended from time to time) with
emphasis on eco-tourism, eco-education and eco-development;
ii. until the Zonal Master Plan is prepared and approved, development for tourism and expansion of
existing tourism activities shall be permitted by the regulatory authorities concerned based on the
actual site-specific scrutiny and recommendation of the Monitoring Committee.
(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 and as amended
from time to time.
(7) Air pollution- Prevention and control of air pollution in the Eco-Sensitive Zone shall be complied in accordance
with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and as amended
from time to time.
(8) Discharge of effluents- The discharge of treated effluent in the Eco-Sensitive Zone shall be in accordance with
the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and as amended from
time to time.
(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 and as amended from time to time. 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 and as amended from time to time.
b) Safe and Environmentally Sound Management (ESM) of Bio-medical wastes in conformity with the
existing rules and regulations using identified technologies may be allowed within 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 and 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 and 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 and 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 complied with in accordance with
applicable laws. Efforts to be made for use of cleaner fuel such as CNG, LPG, etc.
(16) Industrial units
a) No new polluting industries shall be allowed to be set up within the Eco-Sensitive Zone on or after the
publication of this notification in the Official Gazette,
b) Only non-polluting industries shall be allowed within the ESZ as per classification of Industries in the
Guidelines issued by Central Pollution Control Board in February 2016, unless so specified in this
notification. In addition, 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 the Eco-Sensitive Zone- All activities in the Eco sensitive
Zone shall be governed by the provisions of the Environment (Protection) Act, 1986 and the rules made there under
and other notifications, laws and acts of the Government of India pertaining to environment, forests and wildlife, in
the erstwhile Ministry of Environment and Forest, vide number 1533(E), dated the 14th September, 2006 and laws for
the time being in force in the manner and as amended from time to time specified in the Table below, namely: -
+-------+---------------------------------------------+-------------------------------------------------+
| S. No.| Activity | Description |
| (1) | (2) | (3) |
+-------+---------------------------------------------+-------------------------------------------------+
| | | A. Prohibited Activities |
+-------+---------------------------------------------+-------------------------------------------------+
| 1. | Commercial Mining, stone quarrying | (a) All new and existing (minor and major minerals), stone |
| | and crushing units. | 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 orders 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 Goa Foundation Vs. UOI in W.P.(C)|
| | | No. 435 of 2012 dated the 21st April, 2014 and IA No. 1000 of|
| | | 2003 dated the 3rd June, 2022 and subsequent IA No. 131377 of|
| | | 2022 judgment dated the 26th April, 2023 and 28th April, 2023.|
+-------+---------------------------------------------+-------------------------------------------------+
| 2. | Setting of industries causing | New industries and expansion of existing polluting industries in the|
| | pollution (Water, Air, Soil, Noise, | Eco-Sensitive Zone shall not be permitted: |
| | etc.). | 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 so specified|
| | | in this notification and in addition, the non-polluting cottage|
| | | industries shall be promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 3. | Establishment of major hydroelectric | Prohibited. |
| | project. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 4. | Use, production, or processing of any | Prohibited. |
| | hazardous substances. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 5. | Discharge of untreated effluents in | Prohibited. |
| | natural water bodies or land area. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 6. | Establishment of Solid Waste | No Solid Waste disposal site and waste treatment/ processing|
| | disposal site and common | facility of solid waste is permitted within eco sensitive zone.|
| | incineration facility for solid and bio | Further installation of common or individual incineration facility|
| | medical waste. | for treatment of any form of solid waste generated from industrial|
| | | process and health establishment/hospital etc. is prohibited.|
+-------+---------------------------------------------+-------------------------------------------------+
| 7. | Establishment of large-scale | Prohibited. |
| | commercial livestock and poultry | |
| | farms by firms, corporate, | |
| | companies. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 8. | Under taking other activities related | Prohibited. |
| | to tourism like flying over the | Provided that, the Forest and Wildlife Departments may use drone|
| | protected area and its ESZ area by | for creating awareness on forest, environment and wildlife|
| | hot air balloon, helicopter, drones, | conservation by making documentaries for non-commercial|
| | Microlites, and other aircrafts etc. | purpose. |
+-------+---------------------------------------------+-------------------------------------------------+
| 9. | Setting of new saw mills. | No new or expansion of existing saw mills shall be permitted |
| | | within the Eco-sensitive Zone. |
+-------+---------------------------------------------+-------------------------------------------------+
| 10. | Setting up of brick kilns. | Prohibited. |
+-------+---------------------------------------------+-------------------------------------------------+
| | | B. Regulated Activities |
+-------+---------------------------------------------+-------------------------------------------------+
| 11. | Commercial establishment of hotels | No new commercial hotels and resorts shall be permitted within|
| | and resorts. | 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) No new commercial construction of any kind shall be permitted|
| | | within one kilometer from the boundary of the protected area|
| | | or up to the extent of the Eco-Sensitive Zone, whichever is|
| | | nearer; |
| | | (b) 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. It|
| | | should not be used for hospitality purposes (hotels, homestays|
| | | and resorts). |
| | | Provided 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; |
| | | (c) 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 on 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|
| | | there under. |
+-------+---------------------------------------------+-------------------------------------------------+
| 15. | Collection of Forest produce or Non- | Regulated under applicable laws. |
| | Timber Forest Produce (NTFP). | |
+-------+---------------------------------------------+-------------------------------------------------+
| 16. | Erection of electrical and | Regulated under applicable law (Underground cabling may be|
| | communication towers and laying of | promoted). |
| | cables and other infrastructures. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 17. | Infrastructure including civic | Shall be done with mitigation measures, as per the applicable laws,|
| | amenities. | rules and regulations available guidelines. |
+-------+---------------------------------------------+-------------------------------------------------+
| 18. | Widening and strengthening of | Taking measures of mitigation with proper Environment Impact|
| | existing roads and construction of | Assessment, as per applicable laws, rules and regulation and|
| | new roads. | available guidelines. |
+-------+---------------------------------------------+-------------------------------------------------+
| 19. | Protection of Hill Slopes and river | Regulated under applicable laws. |
| | banks. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 20. | Movement of vehicular traffic at | Regulated for commercial purpose under applicable laws.|
| | night. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 21. | Ongoing agriculture and horticulture | Permitted under applicable laws for use of locals.|
| | practices by local communities along | |
| | with dairies, dairy farming, | |
| | aquaculture and fisheries. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 22. | Discharge of treated waste | The discharge of treated waste water/effluents shall be avoided to|
| | water/effluents in natural water | enter into the water bodies. Efforts to be made for recycle and reuse|
| | bodies or land area. | of treated waste water. Otherwise, the discharge of treated waste|
| | | water/effluent shall be regulated as per applicable laws.|
+-------+---------------------------------------------+-------------------------------------------------+
| 23. | Commercial extraction of surface and | Regulated under applicable law. |
| | ground water. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 24. | Open Well, Bore Well etc. for | Regulated and the activity should be strictly monitored by the|
| | agriculture or other usage. | appropriate authority. |
+-------+---------------------------------------------+-------------------------------------------------+
| 25. | Solid Waste Management. | Regulated under applicable laws. |
+-------+---------------------------------------------+-------------------------------------------------+
| 26. | Introduction of Exotic species. | Regulated under applicable laws. |
+-------+---------------------------------------------+-------------------------------------------------+
| 27. | Eco-tourism. | Regulated as per the applicable law. |
+-------+---------------------------------------------+-------------------------------------------------+
| 28. | Use of polythene bags. | Regulated as per applicable laws, where the thickness of the carry|
| | | bag should not be less than 120 microns and Nonwoven plastic|
| | | carry bag shall not be less than 60 Gram Per Square Meter (GSM).|
+-------+---------------------------------------------+-------------------------------------------------+
| 29. | Commercial Sign boards and | Regulated under applicable laws. |
| | hoardings. | |
+-------+---------------------------------------------+-------------------------------------------------+
| | | C. Promoted Activities |
+-------+---------------------------------------------+-------------------------------------------------+
| 30. | Rain water harvesting. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 31. | Organic farming. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 32. | Adoption of green technology for all | Shall be actively promoted. |
| | activities. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 33. | Cottage industries including village | Shall be actively promoted. |
| | artisans, etc. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 34. | Use of renewable energy and fuels. | Bio gas, solar light etc. to be actively promoted.|
+-------+---------------------------------------------+-------------------------------------------------+
| 35. | Agro-Forestry. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 36. | Plantation of Horticulture and | Shall be actively promoted. |
| | Herbals. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 37. | Use of eco-friendly transport. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 38. | Skill Development. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
| 39. | Restoration of Degraded Land/ | Shall be actively promoted. |
| | Forests/ Habitat. | |
+-------+---------------------------------------------+-------------------------------------------------+
| 40. | Environmental Awareness. | Shall be actively promoted. |
+-------+---------------------------------------------+-------------------------------------------------+
5. Monitoring Committee- 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:
+-----+------------------------------------------------------+-------------------------+
| 1. | District Collector, Ernakulam | Chairman, ex-officio; |
+-----+------------------------------------------------------+-------------------------+
| 2. | Regional Officer, Kerala State Pollution Control Board | Member, ex-officio; |
+-----+------------------------------------------------------+-------------------------+
| 3. | A representative of Non-governmental Organisation having | Member; |
| | expertise in the field of environment (including heritage| |
| | conservation) to be nominated by the Kerala State Government from| |
| | time to time every three years | |
+-----+------------------------------------------------------+-------------------------+
| 4. | An expert in the area of Ecology & Environment from reputed | Member; |
| | Institution or University of the State to be nominated by the Kerala| |
| | State Government from time to time every three years | |
+-----+------------------------------------------------------+-------------------------+
| 5. | President or Secretary of Mangalavanam Samrakshana Samithi| Member, ex-officio; |
+-----+------------------------------------------------------+-------------------------+
| 6. | An expert in the area of Wildlife Conservation to be nominated by| Member, ex-officio; |
| | the Director, Kerala Forest Research Institute | |
+-----+------------------------------------------------------+-------------------------+
| 7. | A representative of the Kerala State Biodiversity Board | Member, ex-officio; |
+-----+------------------------------------------------------+-------------------------+
| 8. | Town Planning officer, Kochin Corporation | Member, ex-officio; |
+-----+------------------------------------------------------+-------------------------+
| 9. | Wildlife Warden | Member Secretary, |
| | | ex-officio; |
+-----+------------------------------------------------------+-------------------------+
6. Functions of the Monitoring Committee: (1) The Monitoring Committee shall, based on the actual site-specific
conditions scrutinize, the activities that are 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 14th September, 2006, and are
falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4
thereof, and referred to the Central Government in the Ministry of Environment, Forest and Climate Change or the
State Environment Impact Assessment Authority, as the case maybe, for prior environmental clearances under the
provisions of the said notification.
(2) The activities that are not 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 14th 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
scrutinized by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned
Regulatory Authorities.
(3) The Member-Secretary of the Monitoring Committee or the concerned Collector(s) or the concerned Deputy
Conservator of Forests shall be competent to file complaints under section 19 of the Environment (Protection) Act,
1986 against any person who contravenes the provisions of this notification.
(4) 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.
(5) The Monitoring Committee shall submit the annual action taken report of its activities as on 31st March of every
year by 30th June of that year to the Chief Wildlife Warden in the state as per proforma appended at Annexure IV.
(6) 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. Additional measures- The Central Government and State Government may specify additional measures, if any,
for giving effect to provisions of this notification.
8. Supreme Court, etc. orders- 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- II
Boundary description of the Eco-Sensitive Zone around Mangalvanam Bird Sanctuary
The boundary line of Eco sensitive Zone of Mangalavanam Bird Sanctuary starts from a point with coordinates
9°59.201′ N, 76°16.427' E at the border of Rammohan Palace in the South-west. Then, the line runs through Salim Ali
Road in the South-East starting from 9°59.227′ N, 76°16.519′ E. Then, it runs through South-East at 9°59.323′ N,
76°16.544' E and 9°59.320′ N, 76°16.554' E (Mathai Manjuran Road). In the East direction, it runs through 9°59.375'
N, 76°16.572' E (Mathai Manjuran Road). Then, the boundary runs through 9°59.378′ N, 76°16.564' E and 9°59.393'
N, 76°16.569'E (Mathai Manjuran Road- Railway Quarters) and it continues towards East with coordinates 9°59.389'
N, 76°16.578' E. Then it turns towards North-East with coordinates 9°59.612′ N, 76°16.645' E and 9°59.629′ N,
76°16.627' E. Then, it passes through coordinates 9°59.500′ N, 76°16.541' E and shares boundary with Kerala State
Housing Board property and it continues with coordinates 9°59.420′ N, 76°16.521′ E and 9°59.450′ N, 76°16.411′ E.
The boundary of Eco sensitive Zone area ends in the North with coordinates 9°59.427′ N, 76°16.423' E where it is
bordered with the property of Bharat Petroleum Corporation Ltd. The ESZ boundary is adjoined in different directions
by the following:
1. North-West – Bharat Petroleum Corporation Ltd.
2. West – Central Marine Fisheries Institute and Dr. Salim Ali Road
3. South – Old Ernakulam Railway Station
4. East – Old Ernakulam Railway Station
5. North-East – Old Ernakulam Railway Station
Annexure- III
Table A. Geo-coordinates of the prominent locations of Mangalavanam Bird Sanctuary
+--------+---------------+-----------------+
| Sr. No.| Latitude (N) | Longitude (E) |
+--------+---------------+-----------------+
| 1 | 9° 59.340' N | 76° 16.348' E |
+--------+---------------+-----------------+
| 2 | 9° 59.254' N | 76° 16.396' E |
+--------+---------------+-----------------+
| 3 | 9° 59.320' N | 76° 16.455' E |
+--------+---------------+-----------------+
| 4 | 9º 59.333' N | 76° 16.468' E |
+--------+---------------+-----------------+
| 5 | 9° 59.377' N | 76° 16.451' E |
+--------+---------------+-----------------+
| 6 | 9° 59.388' N | 76° 16.446' E |
+--------+---------------+-----------------+
Table B. Geo-coordinates of the prominent locations of Eco-Sensitive Zone
+--------+---------------+-----------------+------------------------+
| Sr. No.| Latitude (N) | Longitude (E) | Location |
+--------+---------------+-----------------+------------------------+
| 1 | 9° 59.201' N | 76° 16.427' E | Ram Mohan Palace |
+--------+---------------+-----------------+------------------------+
| 2 | 9° 59.227' N | 76° 16.519' E | Dr. Salim Ali road starts|
+--------+---------------+-----------------+------------------------+
| 3 | 9° 59.323' N | 76° 16.544' E | |
+--------+---------------+-----------------+------------------------+
| 4 | 9° 59.320' N | 76° 16.554' E | |
+--------+---------------+-----------------+------------------------+
| 5 | 9° 59.375' N | 76° 16.572' E | Mathai Manjuran Road |
+--------+---------------+-----------------+------------------------+
| 6 | 9° 59.378' N | 76° 16.564' E | |
+--------+---------------+-----------------+------------------------+
| 7 | 9° 59.393' N | 76° 16.569' E | |
+--------+---------------+-----------------+------------------------+
| 8 | 9° 59.389' N | 76° 16.578' E | |
+--------+---------------+-----------------+------------------------+
| 9 | 9° 59.612' N | 76° 16.645' E | |
+--------+---------------+-----------------+------------------------+
| 10 | 9° 59.629' N | 76° 16.627' E | |
+--------+---------------+-----------------+------------------------+
| 11 | 9° 59.500' N | 76° 16.541' E | KSHB Boundary |
+--------+---------------+-----------------+------------------------+
| 12 | 9° 59.420' N | 76° 16.521' E | |
+--------+---------------+-----------------+------------------------+
| 13 | 9° 59.450' N | 76° 16.411' E | |
+--------+---------------+-----------------+------------------------+
| 14 | 9° 59.427' N | 76° 16.423' E | BPCL Boundary |
+--------+---------------+-----------------+------------------------+
Annexure- IV
Proforma of the Action Taken Report:
1. Number and date of meetings.
2. Minutes of the meetings: (mention noteworthy points. Attach minutes of the meeting as separate Annexure).
3. Status of preparation of Zonal Master Plan including Tourism Master Plan.
4. Summary of cases dealt with rectification of error apparent on face of land record (Eco-sensitive Zone wise).
Details may be attached as Annexure.
5. Summary of cases scrutinised for activities covered under the Environment Impact Assessment Notification,
2006 (Details may be attached as separate Annexure).
6. Summary of cases scrutinised for activities not covered under the Environment Impact Assessment
Notification, 2006 (Details may be attached as separate Annexure).
7. Summary of complaints lodged under section 19 of the Environment (Protection) Act, 1986.
8. Any other matter of importance.
[F. No. 25/32/2017-ESZ]
Dr. S. KERKETTA, Scientist 'G'