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Core Purpose

Final notification under the Environment (Protection) Act, 1986 declaring the Eco-Sensitive Zone around Phulwari Ki Nal Wildlife Sanctuary in Rajasthan.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide S.O. 2016(E) dated 17th May 2024, finalizes the Eco-Sensitive Zone around Phulwari Ki Nal Wildlife Sanctuary after a draft notification S.O. 4217(E) dated 22nd September 2023 invited objections within sixty days; the Sanctuary, declared vide Government of Rajasthan notification F.11(1)8/83 dated 6th October 1983, spans 511.41 square kilometres in Kotra and Jhadol Tehsil, Udaipur district, Rajasthan, adjoining Gujarat, and hosts species including Sloth bear, Panther, Ratel, Pangolin, Grey Jungle Fowl, Aravalli Red Spurfowl, Flying Squirrel, Crocodile, Alexandrine Parakeet and Indian Balloon frog; in exercise of powers 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, the Central Government notifies the Eco-Sensitive Zone extending from zero to 1.0 kilometre from the Sanctuary's outer boundary, covering 202.3431 square kilometres and encompassing 147 villages (detailed in Annexure II), with a zero-kilometre extent on the common border with the State of Gujarat; the State Government must prepare and notify a Zonal Master Plan within two years of publication, in consultation with Departments including Environment, Forest and Wildlife, Agriculture, Revenue, Urban Development, Tourism, Rural Development, Irrigation and Flood Control, Municipality, Panchayati Raj, Public Works, Highways and the State Pollution Control Board; land use restrictions bar conversion of forests, horticultural, agricultural and recreational areas to commercial or industrial use, subject to Monitoring Committee-recommended exceptions for activities such as eco-friendly tourist cottages, road widening, small-scale non-polluting industries, rainwater harvesting and cottage/village industries, with tribal land conversion additionally requiring compliance with article 244 of the Constitution of India.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1918] NEW DELHI, FRIDAY, MAY 17, 2024/VAISAKHA 27, 1946 CG-DL-E-21052024-254270 3076 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 17th May, 2024 S.O. 2016(E).—WHEREAS, a draft notification, declaring Eco-sensitive Zone around Phulwari Ki Nal Wildlife Sanctuary in Rajasthan, was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number S.O. 4217 (E), dated the 22nd September 2023, inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the Gazette containing the said notification were made available to the public on the 22nd September, 2023; AND WHEREAS, objections and suggestions received from persons and stakeholders in response to the draft notification have been duly considered by the Central Government; AND WHEREAS, the Phulwari Ki Nal Wildlife Sanctuary is spread over an area of 511.41 square kilometres and is situated in Kotra and Jhadol Tehsil of Udaipur district in the state of Rajasthan, and adjoining the State the Gujarat; AND WHEREAS, the Phulwari Ki Nal was declared as a Wildlife Sanctuary vide notification no. F.11 (1) 8/83, dated the 6th October, 1983 of the Government of Rajasthan. It is spread over an area of 511.41 square kilometres and is situated in Kotra and Jhadol Taluka/Tehsil of Udaipur district in the state of Rajasthan. It lies between 24º to 24º 10’ N Latitude and 73º 20’ E Longitude. It is situated 123 Km from Udaipur, 55 Km from Swaroopganj and 96 Km from Mt. Abu. Location map is enclosed at Annexure-I. AND WHEREAS, the Phulwari Ki Nal Wildlife Sanctuary is well protected, exploring full range of habitat in Aravalli range. It is important from geographical point of view as it constitutes Teak and Rosewood in a fairly good percentage. Phulwari Ki Nal Wildlife Sanctuary is ecologically important as it forms a part of the largest viable forest tract among the fragmented forest belt of Rajasthan. It is pro-runner to Mount (Mt.) Abu Wildlife sanctuary on western direction. The vegetation closely resembles with that of Mt. Abu, only exception being that of Indrok (Anogeissus sericea) which is in abundance in Mt. Abu and is in very small number in Phulwari Sanctuary. AND WHEREAS, the Wildlife sanctuary has rendered protection to some rare and endangered fauna such as Sloth bear, Panther, Ratel, Pangolin, Grey Jungle Fowl, Aravalli Red Spurfowl, Flying Squirrel, Crocodile, Alexandrine Parakeet, Indian Balloon frog etc; AND WHEREAS, the Sanctuary has Tropical Dry Deciduous Forest as per Champion and Seth Classification and the dominant tree species include Anogeissus latifolia, Adina cordifolia, Wrightia tinctoria, Boswellia serrata, Madhuca indica etc. The floral diversity of Phulwari Ki Nal Wildlife Sanctuary is unique. The interspersion of varied habitat makes available wide range of plant species. A number of taxa of algae, fungi, Bryophytes, Pteridophytes, and Angiosperms are available here. This Sanctuary is rich in orchids, tuberous plants, climbers and lianas as well. Even crustose lichens are also present on rocks and tree trunks; AND WHEREAS, the forest of the Sanctuary is dense (canopy density being 0.6 to 0.7). It provides an ideal attraction for tourists. The Wakal river, which is the main tributary of river Sabarmati, bisects the sanctuary into two unequal halves. There are several gorges (deep water holes) in the river-bed itself which are ideally suited for crocodiles and are seldom spotted; AND WHEREAS, the undergrowth is thick and Bamboo (Dendrocalamus strictus) grows luxuriantly, with the finest quality of bamboo available in this protected area. Valleys and moist ‘nallahas’ are full of variety of medicinal plants. A large number of them are very important from ethnomedicological point of view; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of which is specified in paragraph 1 of this notification around the protected area of Phulwari Ki nal Wildlife Sanctuary as Eco sensitive Zone from ecological and environmental 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 (l) 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 Environmemnt Act), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies the area of zero* to 1.0 kilometre from the boundary of Tal Chhapar Wildlife Sanctuary in the State of Rajasthan as the Phulwari Ki Nal Wildlife Sanctuary, Eco-sensitive Zone (herein after referred to as the Eco-sensitive Zone) the details of which are specified in paragraph 1, for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environment pollutions and takes the following measures, namely: 1. Extent and Boundaries of Phulwari Ki Nal Eco-Sensitive Zone.- (1) The Eco- sensitive Zone shall cover an area of 202.3431 square kilometer with an extent of zero to 1.0 kilometer from the outer boundary of Phulwari Ki Nal Wildlife Sanctuary. The boundary description of such zone is specified in Annexure-I appended to this notification. (2) The list of 147 villages falling within Eco-Sensitive Zone along with co-ordinates of prominent points is appended as Annexure II. (3) The map of Eco sensitive Zone is appended as Annexure III (4) The latitudes and longitudes of the Phulwari Ki Nal Wildlife Sanctuary (Table A) and its Eco-Sensitive Zone (Table B) is appended as Annexure IV. (5) The list of the major fauna and flora in Phulwari Ki Nal Wildlife Sanctuary is appended as Annexure V. +------------+-----------+ | North | 1.00 km. | | North-East | 1.00 km. | | East | 1.00 km. | | South-East | 1.00 km. | | South | 1.00 km. | | South-West | Zero* | | West | 1.00 km. | | North-West | 1.00 km. | +------------+-----------+ *Phulwari ki Naal Wildlife Sanctuary shares a common border with the State of Gujarat at some places, due to which the extent of Eco-Sensitive Zone on the common border between the States of Rajasthan and Gujarat has been considered as zero. 2. Zonal Master Plan for the Eco-Sensitive Zone.- (1) The State Government shall, for the purpose of the Eco Sensitive Zone prepare and notify, a Zonal Master Plan, within a period of two years from the date of publication of final notification in the Official Gazette, in consultation with local people. (2) The Zonal Master Plan for the Eco-Sensitive Zone shall be prepared in the manner as specified in this notification and also in consonance with the relevant laws for the time being inforce 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, namely:- (i) Environment; (ii) Forest and Wildlife; (iii) Agriculture; (iv) Revenue; (v) Urban Development; (vi) Tourism; (vii) Rural Development; (viii) Irrigation and Flood Control; (ix) Municipality; (x) Panchayati Raj; (xi) Public Works Department; (xii) Highways; and (xiii) 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, fertile lands, green area, such as, parks and like places, horticultural areas, orchards, lakes and other water bodies and also with supporting maps. The Plan shall be supported by 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, regulated activities listed in Table and also ensure and promote eco-friendly development for the 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 prepared and notified 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. - The State Government shall take the measures for giving effect to the provisions of this notification, namely: - (1) Land use.- 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 commercial or industrial related development activities: Provided that the conversion of agricultural lands within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the State Government, to meet the residential needs of local residents, and for the activities listed against serial numbers 12, 18, 24, 29 and 32 in column (2) of the Table in paragraph 4, namely:- (i) eco-friendly cottages for temporary occupation of tourists, such as tents, wooden houses, etc. for Eco-friendly tourism activities, (ii) widening and strengthening of existing roads and construction of new roads. (iii) small scale industries not causing pollution, (iv) rainwater harvesting, and (v) cottage industries including village industries, convenience stores and local amenities: Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the State Government and without compliance of the provisions of article 244 of the Constitution of India

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