Guwahati: Assam conservation activist Rohit Choudhury has written to the Chief Secretary of Assam seeking immediate and authoritative clarification on the legal basis of statements concerning the extent of the Eco-Sensitive Zone (ESZ) around Kaziranga National Park and Tiger Reserve and restrictions on construction within the zone.
In his representation dated September 29, Choudhury referred to a statement made by Assam’s Environment, Forest and Climate Change Minister on August 17 on social media platform X, stating that the ESZ extends 1–3 km from the park boundary as per Supreme Court guidelines and that indigenous communities cannot build their homes due to restrictions.
Choudhury has sought clarification on the legal instruments supporting these assertions, arguing that the Supreme Court’s directions need to be read alongside subsequent orders and the applicable ESZ notification for the protected area.
The representation refers to the Supreme Court’s June 3, 2022 judgment in T.N. Godavarman Thirumulpad v. Union of India & Ors., which, according to Choudhury, prescribed a minimum one-kilometre ESZ measured from the demarcated boundary of each National Park or Wildlife Sanctuary, subject to the terms of the judgment.
However, he also points to a subsequent Supreme Court order dated April 26, 2023, which, according to the representation, held that ESZs cannot be uniform and are required to be specific to individual protected areas.
The representation states that the later order modified the earlier direction in relation to protected areas where draft or final ESZ notifications had already been issued or proposals had been received by the Ministry of Environment, Forest and Climate Change.
Choudhury has asked the Assam government to clarify the specific judgment, order, guideline, notification or proposal relied upon for describing the Kaziranga ESZ as extending 1–3 km.
He has also sought details on the legally applicable or proposed ESZ boundary around Kaziranga, the provisions governing construction and reconstruction of residential houses within the ESZ, and the authority responsible for granting any required permission or clearance.
The representation further calls for a public correction if the statements cited by Choudhury are found not to be supported by the applicable judicial orders, guidelines or notifications.
Copies of the representation have been sent to the Assam Chief Minister, the Union and Assam environment departments, senior forest officials, the National Tiger Conservation Authority, Assam Police and officials of districts and administrative areas surrounding Kaziranga.