Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-23042025-262630
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 1780]
NEW DELHI, TUESDAY, APRIL 22, 2025/ VAISHAKH 2, 1947
[F. No. 25/01/2025-ESZ]
Dr. S. KERKETTA Scientist 'G
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 22nd April 2025
S.O. 1813(E).—The following draft of the notification, which the Central Government proposes to issue 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, for 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 of India 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, Forests and Climate Change, Indira Paryavaran Bhawan, CGO Complex, Jor bagh Road, Ali Ganj, New Delhi-110003, or at e-mail address: esz-mef@nic.in.
Draft notification
WHEREAS, considering the ecological importance of the Sawantwadi-Dodamarg area, the Hon'ble High Court of Bombay, in its Judgment dated 22nd March 2024, in PIL No. 179 of 2012: Awaaz Foundation vs. Union of India and PIL No. 198 of 2014: Vanashakti Foundation vs. Union of India, directed the Ministry of Environment, Forest and Climate Change, Government of India to declare Sawantwadi-Dodamarg corridor in Sindhudurg District of Maharashtra as an Ecologically Sensitive Area (hereinafter referred to as Sawantwadi-Dodamarg ESA) for the protection and conservation of entire ecosystem, including wildlife and its corridors;
AND WHEREAS, the Government of Maharashtra in compliance to the Judgment dated 22nd March 2024, of the Hon'ble High Court of Bombay in PIL No. 179 of 2012: Awaaz Foundation vs. Union of India and PIL No. 198 of 2014: Vanashakti Foundation vs. Union of India, have submitted vide No. S-30/09.14/C.R.259/F-1, dated 11th March, 2025, its final proposal for declaration of Sawantwadi-Dodamarg ESA to the Ministry of Environment, Forests and Climate Change.
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 identified area of 212.59 square kilometer spreading across 25 villages falling in Sindhudurg district of Maharashtra State, as the Sawantwadi-Dodamarg ESA.
1. Extent and boundary description of the Sawantwadi - Dodamarg Ecologically Sensitive Area.- The Sawantwadi-Dodamarg ESA comprises of 25 villages, encompassing an area of 212.59 square kilometer in Sawantwadi and Dodamarg Talukas of Sindhudurg district.
a) The map of the Ecologically-sensitive Area is appended as Annexure A;
b) The list of villages falling in ESA with respective talukas is appended as Annexure B;
c) The geo-coordinates of prominent points on the outer boundary of the ESA is appended as Annexure C;
2. Projects and activities prohibited in the Sawantwadi-Dodamarg Ecologically-sensitive Area.-The following categories of projects and activities shall be prohibited in Eco-sensitive Area:-
a) Mining.- There shall be a complete ban on mining, quarrying, establishment of crushing units in the Ecologically Sensitive Area and all existing mines shall be phased out within five years from the date of issue of the final notification or on the expiry of the existing mining lease, whichever is earlier.
Provided that digging of earth in areas identified with the approval of the State-level Monitoring Committee for meeting the domestic needs of bona fide local residents for the construction or repair of houses and traditional road making and maintenance works shall be allowed.
Provided further that, all such activities shall be carried out in accordance with the order of the Hon'ble Supreme Court dated 26th April 2023; and 28th April 2023 respectively in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated 4th August, 2006; and 21st April, 2014 respectively in the matter of Goa Foundation Vs UOI in W.P.(C) No. 435 of 2012, and the guidelines issued on the subject by the Central Pollution Control Board and Ministry of Environment, Forest and Climate Change as amended from time to time.
b) Thermal power plants.- No new thermal power projects and expansion of existing plants shall be allowed in the Ecologically Sensitive Area.
c) Industry.- All new ‘Red' category of industries as specified by the Central Pollution Control Board or State Pollution Control Board and the expansion of such existing industries shall be banned and the list of 'Red' category of industries shall be as specified as per classification of Industries in the guidelines issued by the Central Pollution Control Board and as amended from time to time. Provided that existing 'Red' category of industries including health care establishments as defined under Bio-Medical Waste Management Rules, 2016 shall continue in Ecologically sensitive Area without their expansion under the applicable rules and regulations.
d) Building, construction, township and area development projects.- All new and expansion projects of building and construction with built up area of 20,000 square meter and above and all new and expansion townships and area development projects with an area of 50 hectares and above or with built up area of 1,50,000 square meter and above shall be prohibited. Provided that there shall be no restriction on repair or extension or renovation of existing residential houses in the ESA as per prevailing laws and regulations.
3. The following categories of projects and activities shall be regulated in the ESA as given below:-
(a) Hydropower projects- New Hydropower projects including Pumped Storage Hydro projects shall be allowed as per the Environment Impact Assessment notification, published vide number S.O. 1533 (E), dated the 14th September, 2006, subject to the following conditions, namely:-
(i) uninterrupted ecological flow of at least thirty percent of the rivers flow in lean season, till a comprehensive study establishes individual baselines for each project;
(ii) a cumulative study which assesses the impact of each project on the flow pattern of the rivers on which the project is being constructed and on any loss of forest, natural wetlands and biodiversity; and
(iii) the minimum distance between one project and the other is maintained at three kilometers on a river stretch and not more than fifty percent of the river basin is affected at any time.
(b) The "Orange /Green and White” category of Industries as specified by the Central Pollution Control Board or State Pollution Control Board as amended from time to time, shall be allowed with strict compliance of environmental regulations but all efforts shall be made to promote industries that have low environmental impacts and fall in “Green” or “White” categories of industries as the case may be.
(c) In the case of activities that are covered in the schedule to the Environment Impact Assessment notification number S.O. 1533 (E), dated 14th September, 2006, published by the erst-while Ministry of Environment and Forests and are falling in the Ecologically sensitive Area, except the projects and activities which are specifically prohibited under sub-para (1) shall be scrutinized and assessed for cumulative impacts and development needs before considering for prior environmental clearance by the Ministry under the provisions of the said notification.
(d) In particular and without prejudice to the provisions of the relevant Acts, in cases of diversion of forest land for non-forestry purposes in the Eco-sensitive Area, all information of the project, from application stage to approval shall be placed in the public domain on the website of the Ministry of Environment, Forest and Climate Change and on the website of Forest Department, Maharashtra.
(e) The requirements of prior informed consent under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) shall be complied with and the consent of Gram Sabha for undertaking projects and activities shall be mandatory.
(f) There shall be no felling of trees whether on Forest, Government, Revenue or Private lands, without the prior permission of the State Government in case of forest land, and the respective District Collector in case of Government, Revenue and private land, as per the procedure laid down by the State Government.
4. Implementation and Monitoring mechanism.– (1) A separate Zonal Master Plan based on the carrying capacity studies including tourism master plan, as its component shall be prepared for the Ecologically-sensitive Area and the same shall be approved by the Competent Authority in the State Government within a period of two years from the date of publication of this notification to carry-out implementation of the provisions of this notification and for holistic sustainable development of such areas.
(2) The Zonal Master Plan shall indicate areas on steep hill slopes or areas which lies in hazard zone or high degree of erosion, where construction activities shall not be permitted. Pending approval of the Zonal Master Plan any development of regulated activities as prescribed in para 3 above, within the ESA shall be referred to the Monitoring Committee for its approval.
(3) The responsibility for monitoring and enforcement of provisions of this notification and the implementation of the Zonal Master Plan shall vest with the State-level Monitoring Committee headed by District Collector, Sindhudurg District and Deputy Conservator of Forest, Sawantwadi Forest Division as its Member Secretary, to be constituted by the State Government within one year of publication of this notification.
(4) The Monitoring Committee shall have representatives from the State Pollution Control Board, Water Resources, Soil Conservation, Agriculture and Fisheries, Public Health, Public Works Department, Planning and Tourism Departments of the State Government at the appropriate level as "ex officio” members. Two experts in the domain of ecology and environment, wildlife respectively from a reputed University or Institution and Non-Governmental Organization as non-official members shall be nominated by the State Government after every three-years. The Monitoring Committee shall meet as frequently as possible but not less than once every six months.
(5) The Monitoring Committee shall recommend to the State Government the measures for strengthening of existing regulatory institutions and processes in so far as they concern the Sawantwadi- Dodamarg Ecologically-sensitive Area and based on the actual site-specific conditions scrutinize, the activities covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest, vide number S.O. 1553 (E), dated the 14th September, 2006, and are falling in the ESA, except for the prohibited activities as specified 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.
(6) The Member-Secretary of the Monitoring Committee or the concerned Collector or the concerned Deputy Conservator of Forests shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification.
(7) The post clearance monitoring of projects and activities allowed in the ESA shall be carried out by the State Government of Maharashtra, State Pollution Control Board and all projects in the ESA which have been given Environmental Clearance or Forest Clearance shall be monitored at least once a year by the concerned Regional Office of the Ministry of Environment, Forest and Climate Change.
(8) All projects in the Ecologically sensitive Area which have been given consent to establish or Consent to Operate under the Water (Prevention and Control of Pollution) Act, 1974 ( 6 of 1974) or the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) shall be monitored at least once a year by the State Pollution Control Board and the State Government with the help of Monitoring Committee shall prepare 'State of Health Report' in respect of Sawantawadi-Dodamarg ESA biennially giving inter-alia the details of steps taken in monitoring and enforcement of provisions of this notification and make the same available in public domain.
(9) The Central Government may give such directions in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions.
5. Action for contravention: In case of any contravention of the provisions of this notification, action under the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and other relevant statutes shall be taken accordingly. The Member-Secretary of the Monitoring Committee or the concerned Collector shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification.
6. Orders of Supreme Court, etc.: The provisions in this notification shall be subject to the final orders, if any, passed by the Hon'ble Supreme Court of India or High Court or the National Green Tribunal.
7. Appeal: (i) Any person aggrieved by a decision or order of the Monitoring Committee shall prefer an appeal against such decision or order to the Government of India in the Ministry of Environment, Forest and Climate Change.
(ii) Every memorandum of appeal under this paragraph shall precisely states the facts of the case, the particulars of the decision or order appealed against and the reason for being aggrieved by the decision or order and the remedy sought for shall be addressed to the Secretary to Government of India in the Ministry of Environment, Forest and Climate Change.
(iii)Every memorandum of appeal by the affected person shall be made within ninety days from the date of receipt of the decision or order.
Annexure A
Map of the Sawantwadi-Dodamarg Ecologically sensitive area in Sindhudurg district
(Map image not extractable as text, but includes labels like "SAWANTWADI-DODAMARG ESA VILLAGES", "Legend", "GPS Points" and a table with geo-coordinates.)
Annexure B
List of Villages falling in the Sawantwadi-Dodamarg ESA in Sindhudurg district
+--------+-------------+------------+---------------------------+
| Sr. No. | District | Taluk | Village Name |
+--------+-------------+------------+---------------------------+
| 1 | Sindhudurg | Sawantwadi | Asaniye |
| 2 | Sindhudurg | Sawantwadi | Padwe Majgaon |
| 3 | Sindhudurg | Sawantwadi | Bhalawal |
| 4 | Sindhudurg | Sawantwadi | Tamboli |
| 5 | Sindhudurg | Sawantwadi | Sarmale (includes Nevli ) |
| 6 | Sindhudurg | Sawantwadi | Dabhil |
| 7 | Sindhudurg | Sawantwadi | Otavane |
| 8 | Sindhudurg | Sawantwadi | Konas |
| 9 | Sindhudurg | Sawantwadi | Gharpi |
| 10 | Sindhudurg | Sawantwadi | Udeli |
| 11 | Sindhudurg | Sawantwadi | Kesari |
| 12 | Sindhudurg | Sawantwadi | Fansawade |
| 13 | Sindhudurg | Dodamarg | Kumbral |
| 14 | Sindhudurg | Dodamarg | Panturli |
| 15 | Sindhudurg | Dodamarg | Talkat |
| 16 | Sindhudurg | Dodamarg | Zolambe |
| 17 | Sindhudurg | Dodamarg | Kolzar |
| 18 | Sindhudurg | Dodamarg | Shirwal |
| 19 | Sindhudurg | Dodamarg | Ughade |
| 20 | Sindhudurg | Dodamarg | Kalane |
| 21 | Sindhudurg | Dodamarg | Bhikekonal |
| 22 | Sindhudurg | Dodamarg | Kumbhawade |
| 23 | Sindhudurg | Dodamarg | Khadpade |
| 24 | Sindhudurg | Dodamarg | Bhekurli |
| 25 | Sindhudurg | Dodamarg | Phukeri |
+--------+-------------+------------+---------------------------+
Annexure C
Geo-coordinates of prominent points on the outer boundary of the Sawantwadi-Dodamarg ESA
+--------+----------+-----------+--------+----------+-----------+
| Sr. No. | Latitude | Longitude | Sr. No. | Latitude | Longitude |
+--------+----------+-----------+--------+----------+-----------+
| 1 | 15.8813 | 73.8516 | 11 | 15.7397 | 73.9833 |
| 2 | 15.8931 | 73.9029 | 12 | 15.7496 | 73.9648 |
| 3 | 15.9228 | 73.9396 | 13 | 15.7524 | 73.9525 |
| 4 | 15.915 | 73.9938 | 14 | 15.7499 | 73.9071 |
| 5 | 15.8846 | 74.02 | 15 | 15.7847 | 73.9355 |
| 6 | 15.8634 | 73.9947 | 16 | 15.8009 | 73.9464 |
| 7 | 15.8503 | 73.9908 | 17 | 15.8059 | 73.9225 |
| 8 | 15.8564 | 74.066 | 18 | 15.8317 | 73.909 |
| 9 | 15.8097 | 74.0334 | 19 | 15.859 | 73.8932 |
| 10 | 15.7824 | 74.0008 | 20 | 15.8695 | 73.8885 |
+--------+----------+-----------+--------+----------+-----------+