Notification, 2021

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 721] NEW DELHI, FRIDAY, FEBRUARY 19, 2021/MAGHA 30, 1942

(ix) ;

1533 (अ), 14 , 2006 अ , औ ,

(4) , औ अ . . 1533 ई 23.40-32.5' ई 23.38-49.2' ई 23.38-38.2' ई 23.38-15.6' ई 23.38-06.9' ई 23.38-11.9' ई 23.38-48.5' ई 23.38-44.4' ई 23.38-40.1' ई 23.38-39.6' ई 23.40-52.9' ई 23.40-12.7' ई 23.41-05.8' ई 23.40-46.6' ई 23.40-20.1' ई 23.39-41.5' ई 23.39-53.3' ई 23.40-05.4' ई 23.40-10.9' ई 23.40-32.5' ई 23.38-49.2' ई 23.38-38.2' ई 23.38-15.6' ई 23.38-06.9' ई 23.38-11.9' ई 23.38-48.5' ई 23.38-44.4' ई 23.38-40.1' ई-23.38-39.6' ई 23.40-34.0' ई 23.38-48.8' ई 23.38-38.0' ई 23.38-12.8' ई 23.38-04.1' ई 23.38-10.7' ई 23.38-47.9' ई 23.38-44.2' ई 23.38-39.9' ई 23.38-38.9' ई 23.40-53.5' ई 23.41-12.8' ई 23.41-06.3' ई 23.40-46.5' ई 23.40-19.8' ई 23.39-41.7' ई 23.39-49.7' ई 23.39-53.9' ई 23.40-05.5' ई 23.40-11.4' ई 23.40-20.1' ई 23.39-37.0' ई 23.38-49.1' ई 23.38-38.0' ई 23.38-14.6' ई 23.38-05.9' ई 23.38-48.3' ई 23.38-39.9' ई 23.38-38.9' ई 23.41-12.7' ई 23.41-05.8' ई 23.40.46.7' ई 23.40-11.4'

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 19th February, 2021

S.O.789(E).—WHEREAS, a draft notification 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. 2437 (E), dated the 24 th July, 2020, inviting objections and suggestions from all persons likely to be affected thereby within the 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 draft notification were made available to the public on the 24 th July, 2020;

AND WHEREAS, no objections and suggestions were received from persons and stakeholders in response to the draft notification;

AND WHEREAS, the Sepahijala Wildlife Sanctuary located in Sepahijala district of Tripura was declared on 2 nd February, 1987 vide notification No F. 8(50)/For-WL/86/55164 dated 2 nd February 1987 under section 18(1) of the Wildlife (Protection) Act, 1972 covering an area of 18.54 square kilometers. Within the core area of the Sanctuary, an area of 5.08 square kilometer was declared as Clouded leopard National Park vide notification No F.8 (196)/For- WL-2004INP/33856-86 dated 24 th January, 2008. Now all restrictions have been in implied with the Sanctuary and National Park and no activities by the local public or anybody is allowed there unless permitted by the Chief Wildlife Warden, Tripura as per the provisions of the Wildlife (Protection), Act 1972 (29 of 1986); AND WHEREAS, the Sepahijala Wildlife Sanctuary and Clouded leopard National Park has varieties of flora and fauna e.g. Phayre's langur and clouded leopard besides presence of Rhesus macaque, pig-tailed macaque, capped langur, barking deer, wild boar, jackal, porcupine, etc. Four species of civet, leopard cat, jungle cat, pangolin, slow loris, large Indian civet, small India civet, common palm civet, Himalayan palm civet, flying squirrel, crab eating mongoose, yellow throated marten, Indian monitor lizard etc. Apart from the above birds like imperial pigeon, kalij pheasant, dongos, red jungle fowl, pied hornbill, spotted dove, kingfisher, parakeet, Indian roller, kite, whistling teals, open bill stork, cormorant, red wattled lapwing etc. are also found; AND WHEREAS, about 124 bird species have been identified at Sepahijala Wildlife Sanctuary and Clouded leopard National Park and the Protected Areas has large number of water bodies covering an area of 120.50 ha (52 nos.) out of which Amrit sagar (25.35 ha) and Ratiabill (20.75 ha) are the large sized which adds to aquatic bio- diversity. The flora consists of 142 species of trees, 55 species of shrubs, 90 species of herbs, 35 species of climbers, 11 species of epiphytes, 10 species of pteridophytes, 7 species of bamboos. Some example of major species are Shorea robusta, Cassia species, Artocarpus chaplasa, Schima wallichii, Syzygium curranii, Lagerstroemia species, Terminalia species, Albezia species, Mallotus, Dillenia, Bauhinia species, Ficusspeies, Linnea species, Dipterocarpus tarbinatus, Vitex, Alstonia scholaris, Mesua ferrea, Bombax ceiba, etc; AND WHEREAS, the Sepahijala Wildlife Sanctuary and Clouded leopard National Park is rich in bio- diversity values including bio-geographical representatives, endemism, species richness, geo-morphological characteristics and unique land use practices including aesthetic and cultural values and the Sanctuary has rare, endangered and threatened (RET) species examples include clouded leopard (Neofelis nebulosa), horrnbil (Anthracoceros coronatus), monitor lizard (Varanus bengalensis), porcupine (Antherurusmecrourus assamensis), civets (Himalayan palm civets), etc;

AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of the Sepahijala Wildlife Sanctuary and Clouded leopard National Park 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) (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 varying from 10 metres (in North, North- western, West and South) to 50 meters (Eastern side) around the boundary of Sepahijala Wildlife Sanctuary and Clouded leopard National Park, in Sepahijala District in the State of Tripura as the Sepahijala Wildlife Sanctuary - Clouded leopard National Park Eco-sensitive Zone (hereafter in this notification referred to as the Eco-sensitive Zone) details of which are as under, namely: -

1. Extent and boundaries of Eco-sensitive Zone. – (1) The Eco-sensitive Zone shall be to an extent of 10 metres to 50 metres around the boundary of Sepahijala Wildlife Sanctuary and Clouded leopard National Park and the area of the Eco-sensitive Zone is 3.12 square kilometres. State Government made a clarification on area and extent of Eco-sensitive Zone that “the area is an elevation rolling hill terrain type and adjoining areas are mostly owned by private land owners and therefore not much scope is left for extension of the Eco-sensitive Zone area. It was also stated that geographically, Tripura state is characterized by hill areas interspersed with small valley covering approximately 74% forest cover and there is absolute scarcity of land available for non-forestry purpose. It was further reiterated that most areas surrounding the Protected Area are under private land with large habitations and the need for local development and livelihood needs for such areas are immense considering the terrain and the 10 to 50 meters Eco-sensitive Zone extent has been proposed after public consultation.”.

(2) The boundary description of Sepahijala Wildlife Sanctuary and Clouded leopard National Park and its Eco- sensitive Zone is appended in Annexure-I.

(3) The maps of the Sepahijala Wildlife Sanctuary and Clouded leopard National Park demarcating Eco-sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure- IIB and Annexure-IIC.

(4) The list of geo-coordinates of the boundary of Sepahijala Wildlife Sanctuary and Clouded leopard National Park and Eco-sensitive Zone are given in Table A, Table B and Table C of Annexure III.

(5) The list of villages falling in the proposed Eco-sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV.

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 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.

(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;

(vi) Tourism;

(vii) Rural Development;

(viii) Irrigation and Flood Control;

(ix) Municipal;

(xi) Highways;

(xii) Tripura State Pollution Control Board; 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.- 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 commercial or residential or industrial activities:

Provided that the conversion of agricultural and other lands, for the purposes other than that specified at part (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 the Regional Town Planning Act and other rules and regulations of the Central Government or State Government as applicable and vide provisions of this notification, to meet the residential needs of the local residents and for activities 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 given in 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 the Regional Town Planning Act and other rules and regulations of the 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 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 so 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.

(b) The Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with the State Departments of Environment and Forests.

(c) The Tourism Master Plan shall form a component of the Zonal Master Plan.

(d) The Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco-sensitive Zone.

(e) The activities of eco-tourism shall be regulated as under, namely:-

(i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the protected area or upto the extent of the Eco-sensitive Zone, whichever is nearer: Provided that beyond the distance of one kilometre from the boundary of the protected area till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan;

(ii) 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 in the Ministry of Environment, Forest and Climate Change and the eco-tourism guidelines issued by National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism, eco- education and eco-development;

(iii) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee and no new hotel, resort or commercial establishment construction shall be permitted within Eco-sensitive Zone area.

(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 carried out in accordance with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act.

(7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be carried out in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder.

(8) Discharge of effluents.- Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by the State Government, whichever is more stringent.

(9) Solid wastes.- Disposal and Management of solid wastes shall be as under:-

(a) the solid wastes disposal and management in the Eco-sensitive Zone shall be carried out in accordance with the Solid Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

S.O. 1357 (E), dated the 8 th April, 2016; 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 of Solid wastes in conformity with the existing rules and regulations using identified technologies may be allowed within Eco-sensitive Zone.

(10) Bio-Medical Wastes.– Bio-Medical Wastes Management shall be as under:-

(a) the Bio-Medical Wastes disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-Medical Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R. 343 (E), dated the 28 th March,

(b) safe and Environmentally Sound Management of Bio-Medical Wastes in conformity with the existing rules and regulations using identified technologies may be allowed within the Eco-sensitive Zone.

(11) Plastic wastes management.- The plastic wastes management in the Eco-sensitive Zone shall be carried out as per the provisions of the Plastic Wastes Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R. 340(E), dated the 18 th March, 2016, as amended from time to time.

(12) Construction and demolition wastes management.- The construction and demolition wastes management in the Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Wastes Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R. 317(E), dated the 29 th March, 2016, as amended from time to time.

(13) E-wastes.- The e - wastes management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-Wastes Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change, 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 incompliance with applicable laws and efforts shall be made for use of cleaner fuels.

(16) Industrial units.– (a) On or after the publication of this notification in the Official Gazette, no new polluting industries shall be permitted to be set up within the Eco-sensitive Zone.

(b) Only non-polluting industries shall be allowed within the Eco-sensitive Zone as per the 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.

(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 Eco-sensitive Zone.- All activities in the Eco-sensitive Zone shall be governed by the provisions of the Environment Act and the rules made there under including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment Notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act, 1972 (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:-

TABLE

S. No.

Activity Description A. Prohibited Activities

1. Commercial mining, stone quarrying and crushing units.

(a) All new and existing mining (minor and major minerals), stone quarrying and crushing units shall be 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 the Eco-sensitive Zone;

(b) The mining operations shall be carried out in accordance with the order of the Hon’ble Supreme Court dated the 4 th August, 2006 in the matter of T.N.

Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21 st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012.

2. Setting of industries causing pollution (Water, Air, Soil, Noise, etc.).

New industries and expansion of existing polluting industries in the Eco-sensitive Zone shall not be permitted: Provided that non-polluting industries shall be allowed within Eco-sensitive Zone as per the classification of the 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 hydro-electric Prohibited.

S. No.

Activity Description project.

4. Use or production or processing of any hazardous substances.

Prohibited.

5. Discharge of untreated effluents in natural water bodies or land area.

Prohibited.

6. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone.

7. Setting up of brick kilns. Prohibited.

8. Commercial establishment of hotels and resorts.

No new commercial hotels and resorts shall be permitted within 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.

9. Construction activities. (a) New commercial construction of any kind shall not be permitted within one kilometer from the boundary of the protected area or upto extent of the Eco-sensitive Zone, whichever is nearer:

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:

Provided further 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.

(b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan.

10. Small scale non polluting industries. Non polluting industries as per the 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.

11. Felling of trees. (a) There shall be no felling of trees in 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 thereunder.

12. Collection of Forest produce or Non- Regulated as per the applicable laws. S. No.

Activity Description Timber Forest produce.

13. Erection of electrical and communication towers and laying of cables and other infrastructures.

Regulated under applicable laws (underground cabling may be promoted).

14. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules, regulations and available guidelines.

15. Widening and strengthening of existing roads and construction of new roads.

Taking measures of mitigation as per the applicable laws, rules and regulation and available guidelines.

16. Undertaking other activities related to tourism like flying over the Eco- sensitive Zone area by hot air balloon, helicopter, drones, microlites, etc.

Regulated as per the applicable laws.

17. Protection of hill slopes and river banks. Regulated as per the applicable laws.

18. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws.

19. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries.

Permitted as per the applicable laws for use of locals.

20. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies.

Regulated (except otherwise provided) as per the applicable laws except for meeting local needs.

21. Discharge of treated waste water or effluents in natural water bodies or land area.

The discharge of treated waste water or effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water.

Otherwise the discharge of treated waste water or effluent shall be regulated as per the applicable laws.

22. Commercial extraction of surface and ground water.

Regulated as per the applicable laws.

23. Solid waste management. Regulated as per the applicable laws.

24. Introduction of exotic species. Regulated as per the applicable laws.

25. Eco-tourism. Regulated as per the applicable laws.

26. Use of polythene bags. Regulated as per the applicable laws.

27. Commercial sign boards and hoardings. Regulated as per the applicable laws.

28. Rain water harvesting. Shall be actively promoted.

29. Organic farming. Shall be actively promoted.

30. Adoption of green technology for all activities.

Shall be actively promoted.

31. Cottage industries including village artisans, etc.

Shall be actively promoted.

32. Use of renewable energy and fuels. Bio-gas, solar light, etc. shall be actively promoted.

33. Agro-Forestry. Shall be actively promoted.

34. Plantation of Horticulture and Herbals. Shall be actively promoted.

35. Use of eco-friendly transport. Shall be actively promoted. S. No.

Activity Description

36. Skill Development. Shall be actively promoted.

37. Restoration of degraded land or forests or habitat.

Shall be actively promoted.

38. Environmental awareness. Shall be actively promoted.

5. Monitoring Committee for Monitoring the Eco-sensitive Zone Notification.- For effective monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment Act, the Central Government hereby constitutes a Monitoring Committee, comprising of the following, namely:- Sl.

No.

Constituent of the Monitoring Committee Designation

(i) Concerned District Collector, Bishalgarh Chairman, ex officio;

(ii) An Ecologist in the field to be nominated by State Government Member;

(iii) A representative of Animal Resource Development Department Bishalgarh Member; (iv) A representative of Non-government Organisation working in the field of wildlife conservation to be nominated by State Government Member;

(v) An expert in Biodiversity nominated by the State Government Member;

(vi) A representative from State Public Works Department Member;

(vii) A representative from State Pollution Control Board Member;

(viii) Wildlife Warden, Sepahijala Wildlife Sanctuary Member-Secretary.

6. Terms of reference. – (1) The Monitoring Committee shall monitor the compliance of the provisions of this notification.

(2) The tenure of the Monitoring committee shall be till further orders, provided that the non-official members of the Committee shall be nominated by the State Government from time to time.

(3) The activities that are 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 14 th 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 scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearances under the provisions of the said notification.

(4) 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 14 th 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 scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned regulatory authorities.

(5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner(s) shall be competent to file complaints under section 19 of the Environment Act, against any person who contravenes the provisions of this notification.

(6) 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.

(7) The Monitoring Committee shall submit the annual action taken report of its activities as on the 31 st March of every year by the 30 th June of that year to the Chief Wildlife Warden in the State as per proforma appended at Annexure V.

(8) 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- I

BOUNDARY DESCRIPTION OF SEPAHIJALA WILDLIFE SANCTUARY - CLOUDED LEOPARD

NATIONAL PARK AND ITS ECO-SENSITIVE ZONE IN THE STATE TRIPURA

North Northern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park falls under Gopinagar mouja and under Chandra nagar and Kasba Gao Panchayat. River Bijoy flows in the northern side which has been 'shown in the Map of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park. Population in Northern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park are densely populated. Here it is kept 10 meters from sanctuary boundary for proposed Eco- sensitive Zone.

North Western Boundary North Western side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park falls under Bishalgarh Nagar Panchayat and Routkhalagao panchayat. Population in North western side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park is highly dense populated. Here it is kept 10 meters from sanctuary boundary for proposed Eco-sensitive Zone. The area is falls under Bishalgarh Mouja. Western boundary Western side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park falls under Brajapur and part of North Charilam Gao Panchayat. Population in Western side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park is densely populated. Here it is kept 10 meters from sanctuary boundary for proposed Eco-sensitive Zone. The area is falls under Brajapur and part of North Chari lam mouja. Railway track has been laid which is about 500meters from the nearest western boundary of Sepahijala Wildlife Sanctuary - Clouded leopard National Park. Southern boundary Southern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park falls under Latiacherra, and Chickan ADC village and North Charilam Gram Panchayat and Latiacherra mouja and North Charilam mouja. Population in Southern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park is densely populated. Here it is kept 10 meters from sanctuary boundary for proposed Eco-sensitive Zone. There is a market called chari lam bazaar which is about 100 meters from the nearest Protected Areas boundary.

Eastern boundary Eastern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park falls under part of Golagaghati and part of Latiacherramouja and under Latiacherra and Chickan ADC village. Population in Eastern side of proposed Eco-sensitive Zone of Sepahijala Wildlife Sanctuary - Clouded leopard National Park are sparsely populated. Here it is kept 50 meters from Sanctuary boundary for proposed Eco-sensitive Zone.

ANNEXURE- IIA

MAP OF SEPAHIJALA WILDLIFE SANCTUARY - CLOUDED LEOPARD NATIONAL PARK AND ITS ECO-SENSITIVE ZONE ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE- IIB

MAP OF ECO-SENSITIVE ZONE OF SEPAHIJALA WILDLIFE SANCTUARY - CLOUDED LEOPARD

NATIONAL PARK ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE- IIC

MAP OF ECO-SENSITIVE ZONE OF SEPAHIJALA WILDLIFE SANCTUARY - CLOUDED LEOPARD

NATIONAL PARK ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE-III

TABLE A: GEO- COORDINATES OF PROMINENT LOCATIONS OF SEPAHIJALA WILDLIFE

SANCTUARY - CLOUDED LEOPARD NATIONAL PARK MARKED ON MAP

Sl No Random Points in Wildlife Sanctuary Boundary GPS Reading

1. Bricks soling Road (Golaghati Road)

N 23.40-32.5'

E 091.20-17.7'

2. Dukhi Ram Thakur Para Anganwary Kendra, Cikanchera N 23.38-49.2'

E 091.20-29.7'

3. Muslim para Anganwary Kendra

N 23.38-38.2'

E 091-20-11.7'

4. Fakira mura S/B School

N 23.38-15.6'

E 091.19-40.7'

5. Pump House Golaghati Koloni

N 23.38-06.9'

E 091.19-11.0'

6. Charilam XII School

N 23.38-11.9'

E 091.18-45.5'

7. Ekbal House Uttar mura

N 23.38-48.5'

E 091.18-13.6'

8. Jurkabar

N 23.38-44.4'

E 091.17-55.7'

9. Charilam Range Office

N 23.38-40.1'

E 091.17-50.8'

10. Hapajiamura Masjid

N 23.38-39.6'

E 091.18-38.7'

11. Tall Tree

N 23.40-52.9'

E 091.19-55.1'

12. Bricks Soling, Brajagopal Sinha, Kasba

N 23.40-12.7'

E 091.19-40.5'

13. Dhajanagar, 4 no Sanctuary

N 23.41-05.8'

E 091.19-27.9'

14. Post

N 23.40-46.6'

E 091.18-58.1'

Chandranagar Pump House

N 23.40-20.1'

E 091.18-28.1'

16. NH44

N 23.39-41.5'

E 091.17-19.6'

Bishalgarh Forest Drop

N 23.39-49.6'

E 091.17-21.7'

Electric Post, jangalia

N 23.39-53.3'

E 091.17-21.7'

Electric Post Narayan Das's House

N 23.40-05.4'

E 091.17-29.1'

Norayra Kabarkhala

N 23.40-10.9'

E 091.17-56.9'

TABLE B: ADDITIONAL GEO- COORDINATES OF PROMINENT LOCATIONS OF SEPAHIJALA

WILDLIFE SANCTUARY - CLOUDED LEOPARD NATIONAL PARK

Sanctuary Boundary Name of Prominent Features GPS Reading Bricks soling Road (Golaghati Road)

N 23.40-32.5'

E 091.20-17.7'

Dukhi Ram Thakur Para Anganwary Kendra, Cikanchera

N 23.38-49.2'

E 091.20-29.7'

Muslim para Anganwary Kendra

N 23.38-38.2'

E 091-20-11.7'

Fakira mura S/B School

N 23.38-15.6'

E 091.19-40.7'

Pump House Golaghati Koloni

N 23.38-06.9'

E 091.19-11.0'

Charilam XII School

N 23.38-11.9'

E 091.18-45.5'

Ekbal House Uttar mura

N 23.38-48.5'

E 091.18-13.6'

Jurkabar

N 23.38-44.4'

E 091.17-55.7'

Charilam Range Office

N 23.38-40.1'

E 091.17-50.8'

Hapajiamura Masjid

N-23.38-39.6'

E 091.18-38.7'

TABLE C: GEO-COORDINATES OF PROMINENT LOCATIONS OF ECO-SENSITIVE ZONE Eco-sensitive Zone Boundary SL No Name of Prominent features GPS Reading

1. Black Top Road- (South Golaghati to Sepahijala)

N 23.40-34.0'

E 091.20-19.9'

Electric Post

N 23.38-48.8'

E 091.20-21.7'

Mantu Mia's House

N 23.38-38.0'

E 091.20-13.9'

Electric Post (2)

N 23.38-12.8'

E 091.19-39.4'

5. 44 no High way

N 23.38-04.1'

E 091-19-09.9'

44 no High way

N 23.38-10.7'

E 091.18-44.6'

Santush Paul House

N 23.38-47.9'

E 091.18-13.2'

Manu Fakir Darga

N 23.38-44.2'

E 091.17-55.5'

Abdul Khalek House

N 23.38-39.9'

E 091.17-50.7'

Hapajiamura School

N 23.38-38.9'

E 091.17-39.3'

11. Black Top Road Golaghati to Bishalgarh

N 23.40-53.5'

E 091.19-54.6'

Kajal Das House

N 23.41-12.8'

E 091.19-40.9'

13. Black Top Road

N 23.41-06.3'

E 091.19-28.1'

14. Rosid mia House

N 23.40-46.5'

E 091.18-57.6'

15. Pump Operator, Quarter

N 23.40-19.8'

E 091.18-27.8'

16. Brajapur black top Road

N 23.39-41.7'

E 091.17-19.0'

17. NH-44

N 23.39-49.7'

E 091.17-21.2'

18. Brick Soling

N 23.39-53.9'

E 091.17-26.5'

19. Black Top Road, Jangalia Kalani

N 23.40-05.5'

E 091.17-28.8'

20. Nur Mia's House

N 23.40-11.4'

E 091.17-56.2'

ANNEXURE IV

LIST OF VILLAGES COMING UNDER ECO-SENSITIVE ZONE OF SEPAHIJALA WILDLIFE

SANCTUARY - CLOUDED LEOPARD NATIONAL PARK ALONG WITH GEO-COORDINATES

SL No Name of Villages (Inside Eco-sensitive Zone) GPS Reading

1. Babul Marak, Garo Colony, Golaghati - GP

N 23.40-20.1'

E 091.20-16.6'

2. Rabindra Debbarma, Ram Krishna Para, Latiacherra - GP

N 23.39-37.0'

E 091.20-09.5'

N 23.38-49.1'

E 091.20-21.4'

4. Nuranalai Mia, Chikanchera, Muslim Para, Chikancherra - GP

N 23.38-38.0'

E 091.20-12.8'

N 23.38-14.6'

E 091-19-40.2'

6. Haralal Kar, Goutam Kalani, North Charilam -GP

N 23.38-05.9'

E 091.19-10.8'

7. Santosh Paul House, Uttarmura, Aralia - GP

N 23.38-48.3'

E 091.18-13.3'

8. Abdul Khalak House, Hapajiamura, North Charilam - GP

N 23.38-39.9'

E 091.17-50.7'

9. Hapajiamura School, Hapajiamura, North Charilam - GP

N 23.38-38.9'

E 091.17-39.3'

10. Kajal Das, Ghoshpara, Kasba - GP

N 23.41-12.7'

E 091.19-40.6'

11. Braja Gopa Sinha, Kasba - GP

N 23.41-05.8'

E 091.19-27.9'

12. Dhaja Nagar, Purbo Tilla, Baidyardighi - GP

N 23.40.46.7'

E 091.18-57 .9'

N 23.40-11.4'

E 091.17-56.2'

ANNEXURE –V Performa of Action Taken Report: Eco-sensitive Zone Monitoring Committee

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.

and Published by the Controller of Publications, Delhi-110054.

KUMER CHAND MEENA

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986