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Core Purpose

Draft notification under Section 3 of the Environment (Protection) Act, 1986, proposing to declare a 322.695 sq km area around the Kappathagudda Wildlife Sanctuary in Karnataka as an Eco-Sensitive Zone, inviting public objections within 60 days.

Detailed Summary

In S.O. 4262(E) dated 30th September 2024, the Ministry of Environment, Forest and Climate Change published a draft notification under sub-section (1), 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, proposing to declare an Eco-Sensitive Zone around the Kappathagudda Wildlife Sanctuary in Gadag district, Karnataka (notified by the Government of Karnataka vide notification No. FEE 57 FWL 2019 dated 16th May 2019, spanning 244.15 sq. km across Gadag, Mundaragi, Shirahatti and Laxmeshwar talukas). The proposed Eco-Sensitive Zone extends from 1 km to a maximum of 4.30 km from the sanctuary boundary, covering a total of 322.695 sq. km (298.890 sq. km of revenue village area and 23.804 sq. km of notified forest area) across 62 villages. The draft requires the State Government of Karnataka to prepare a Zonal Master Plan within two years of final publication, in consultation with departments including Environment, Forest and Wildlife, Agriculture, Revenue, Urban Development, Tourism, Rural Development, State Highways, Irrigation and Flood Control, the State Pollution Control Board, Municipality, Panchayati Raj and Public Works, and prescribes land-use restrictions within the zone (barring conversion of forest, horticulture, agricultural and recreational land to commercial, residential or industrial use, subject to specified exceptions). Objections or suggestions on the draft may be submitted within sixty days of publication to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi-110003, or via email to [email protected].

Full Text

6327 GI/2024 (1) REGD. No. D. L.-33004/99 The Gazette of India EXTRAORDINARY CG-DL-E-05102024-257716 PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 3904] NEW DELHI, MONDAY, SEPTEMBER 30, 2024/ASVINA 8, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 30th September, 2024 S.O. 4262(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 sub-section (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 [email protected] Draft Notification WHEREAS, the Kappathagudda Wildlife Sanctuary was notified by Government of Karnataka vide notification No. FEE 57 FWL 2019, dated the 16th May, 2019 and is situated in Gadag, Mundaragi, Shirahatti and Laxmeshwar Talukas of Gadag District of Karnataka State and is spread over an area of 244.15 Square Kilometre, the area is covered mainly by scrub forest and dry grasslands; AND WHEREAS, the Kappathagudda Reserve Forests are unique ecosystem of flora and fauna which includes 500 varieties of rare medicinal plants, various fauna including the Leopard, Striped Hyena, Grey Wolf, Four Horned Antelope, Blackbuck and Bar Headed Geese. The said landscape is known as the ‘Western Ghats of North Karnataka’; AND WHEREAS, the reserved forests are the areas where the natural environment is prone to get affected or harmed by the biotic pressure and therefore needs special protection. Because of the unique features these forests deserve to be defined as "Ecologically Sensitive Area ". The diverse flora and fauna of the area suggests that the forests are ecologically " Rich', ‘Valuable’, ‘Unique' and irreparable if destroyed. Kappathagudda Wildlife Sanctuary is a geological repository for the study of the deccan traps and the schist gold deposits; AND WHEREAS, the Kappathagudda Wildlife Sanctuary is home to various important faunal species such as, fresh water crocodile (Crocodylus), Blackbuck (Antelope cervicarpa), Jackal (Canis aureus), Short nosed fruit bat (Cynopterus sphinx), Grey Langur (Semnopithecus dussumieri), Marsh Crocodile (Crocodylus palustris), and Bonnet Macaque (Macaca radiata). The Kappathagudda forests are blessed with numerous plant species of great medicinal value, for example, Abelmoschus ficulneus, Acacia chundra, Acalypha malabarica, Anisomeles indica, Atylosia albicans, Cassia absus, Eupatorium odaratum, Ficus benghalensis, and Xanthium strumarium. The wildlife sanctuary also supports the diverse avifaunal species such as, India peafowl (Pavo cristatus), Spot-billed duck (Anas poecilorhyncha), Little egret (Egretta garzetta), Greater flamingo (Phoenicopterus roseus), and White backed vulture (Gyps africanus); AND WHEREAS, due to biotic & climatic interventions, there is a threat of degradation of rich natural forest and wildlife. Hence, there is a need to conserve this precious & irreplaceable unique landscape. It is necessary to conserve and protect the area and boundaries around the Kappathagudda Wildlife Sanctuary by declaring the area as Eco-Sensitive Zone from ecological and environmental point of view; 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) (hereafter in this notification referred to as the Environment Act), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent of 1 km to 4.30 km, keeping the cadastral survey number as minimum unit from the boundary of Kappathagudda Wildlife Sanctuary in the State of Karnataka as Kappathagudda Wildlife Sanctuary Eco-sensitive Zone (hereinafter after referred to as Eco-sensitive Zone) details of which are as under, namely:- 1. Extent and boundaries of Eco-Sensitive Zone. — (1) The Eco-Sensitive Zone around the Kappathagudda Wildlife Sanctuary extends from 1 km to 4.30 km from its boundary, encompassing an area of 322.695 square kilometers. This includes 298.890 square kilometers of revenue village area and 23.804 square kilometers of notified forest area. A total of 62 villages fall within the ambit of the ESZ. The specific extent of the ESZ in different directions is provided below: +-----------+--------------------------------------------+ | Direction | Extent in Km (Min-Max.) | +-----------+--------------------------------------------+ | North | 1.00 to 3.25 (Continuation of Buffer forest area) | | Northeast | 1.00 to 1.00 | | East | 1.00 to 1.00 | | Southeast | 1.00 to 1.00 | | South | 1.00 to 1.00 | | Southwest | 1.00 to 1.22 (Continuation of Buffer forest area) | | West | 1.00 to 4.30 (Continuation of Buffer forest area) | | Northwest | 1.00 to 1.96 (Continuation of Buffer forest area) | +-----------+--------------------------------------------+ (2) The boundary description of the Eco Sensitive Zone is appended as Annexure I. (3) The Geo-coordinates of ESZ prominent points is appended as Annexure II. (4) List of geo co-ordinates of the boundary of the Protected Area is appended as Annexure III. (5) The map of the Protected Area demarcating the Eco-Sensitive Zone boundary with various other maps are appended as Annexure IVA to Annexure IVF. (6) The list of villages falling within the Eco-Sensitive Zone with its geo-coordinates is appended as Annexure V. (7) The detailed status of villages falling within the Eco-Sensitive Zone is appended as Annexure VI. (8) Survey number wise details of villages and buffer forests falling within the Eco-Sensitive is appended as Annexure VII. (9) List of various flora and fauna found in the Wildlife Sanctuary is appended as Annexure VIII. 2. Zonal Master Plan for the Eco-Sensitive Zone - (1) The State Government shall, for the purpose of the Eco-Sensitive Zone prepare a Zonal Master Plan within a period of two years from the date of publication of this notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification for approval of the competent authority in the State Government. (2) The Zonal Master Plan for the Eco-Sensitive Zone shall be prepared by the State Government in such manner as is specified in 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) Agriculture; (iv) Revenue; (v) Urban Development; (vi) Tourism; (vii) Rural Development; (viii) State Highways; (ix) Irrigation & Flood Control; (x) State Pollution Control Board; (xi) Municipality; (xii) Panchayati Raj; and (xiii) Public Works Department (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, fertile lands, green area, such as, parks and 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 communities’ 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. 3. Measures to be taken by the State Government of Karnataka- 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 along with parks and open spaces earmarked for recreational purposes in the Eco-Sensitive Zone shall not be used or converted into areas for commercial, residential, or industrial activities. Provided that the conversion of agricultural and other lands, for the purpose other than that specified in clause (a) above, 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 Government or Union Territory Government as applicable and 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 ecotourism including home stay;

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