The following draft of the 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

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रजिस्ट्री सं॰ डी॰ एल॰-33004/99

REGD. NO. D. L.-33004/99 असाधरण

EXTRAORDINARY

भाग II—खण्ड 3—उप-खण्ड (ii)

PART II—Section 3—Sub-section (ii)

प्राध्किार से प्रकाशित

PUBLISHED BY AUTHORITY

सं. 2542] नई दिल्ली, मंगलवार, दिसम्बर 1, 2015/अग्रहायण 10, 1937

No. 2542] NEW DELHI, TUESDAY, DECEMBER 1, 2015/AGRAHAYANA 10, 1937

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''10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] I

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'' 1भारत का राजपत्रा : असाधरण [भाग II—खण्ड 3(ii)] 11 -II

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 23rd November, 2015

S.O. 3223(E).—The following draft of the 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, Pocharam Wildlife Sanctuary is situated in the Medak and Nizamabad Districts of Telangana between 18.20º to 18.13º North latitude and between 78.36º to 78.29º East longitude and is spread over an area of 130 square kilometre;

AND WHEREAS, the major tree species of the area are Terminalia arjuna, Tectona grandis, Madhuca indica, Buchanania lanzan, Lannea coromandelica, Diospyros chloroxylon and Wrightia tinctoria;

AND WHEREAS, the area harbours Panther, Sloth Bear, Wild Boar, Sambhar, Spotted Deer, Common fox, Four horned antelope, Jungle cat and Wild Dog;

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 boundary of the Pocharam Wildlife Sanctuary as Eco-sensitive Zone from ecological and environmental point of view and to prohibit industries or 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 clause (xiv) of sub–section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read to sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area with an extent of up to five kilometer from the boundary of the Pocharam Wildlife Sanctuary in the State of Telangana as the Eco-sensitive Zone (hereinafter referred to as the Eco-sensitive Zone) details of which are as under, namely:-

1. Extent and Boundary of Eco-sensitive Zone.-(1) The Eco-sensitive Zone is spread over an area of 380.51 square kilometer in the Nizamabad and Medak Districts of Telangana and includes 41 villages.

(2) The extent of Eco-sensitive Zone varies up to five kilometer from the boundary of Pocharam Wildlife Sanctuary.

(3) The boundary description of the Eco-sensitive Zone is appended as Annexure I and the list of villages are given in Annexure-II.

(4) The map of Eco-sensitive Zone boundary together with latitudes –longitudes is appended as Annexure III;

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 final notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification.

(2) The said Plan shall be approved by the Competent Authority in the State Government.

(3) 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.

(4) The Zonal Master Plan shall be prepared in consultation with all concerned State Departments for integrating environmental and ecological considerations into it, including the following State Departments, namely:-

(i) Environment,

(ii) Forest,

(iii) Urban Development,

(iv) Tourism,

(v) Municipal,

(vi) Revenue,

(vii) Agriculture,

(ix) State Pollution Control Board,

(x) Irrigation,

(xi) Public Works Department

(5) The 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.

(6) 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.

(7) The Zonal Master Plan shall demarcate all the existing worshipping places, village 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.

(8) The Zonal Master Plan shall regulate development in Eco-sensitive Zone as to ensure Eco-friendly development for livelihood security of local communities.

3. Measures to be taken by State Government.-The State Governments shall take the following 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 the16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] residential needs of local residents, and for the activities listed against serial numbers 10, 16, 22, 28 and 31 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,

(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 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, Forests and Climate Change:

Provided also that the above correction of error shall not include change of land use in any case except as provided under this sub-paragraph.

Provided also that there shall be no consequential reduction in green area including forest area and agricultural area and efforts shall be made to reforest the unused or unproductive agricultural areas.

(2) Natural Springs.-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 as to prohibit development activities at or near these areas which are detrimental to such areas.

(3) Tourism.- (a) The activity relating to tourism within the Eco-sensitive Zone shall be as per Tourism Master Plan, which shall form part of the Zonal Master Plan.

(b) The Tourism Master Plan shall be prepared by Department of Tourism, in consultation with Department of Forests and Environment, Government of Telangana.

(c) The activity of tourism shall be regulated as under, namely:-

(i) 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, Forests and Climate Change and the eco-tourism guidelines issued by National Tiger Conservation Authority time to time, with emphasis on eco-tourism, eco-education and eco-development and based on carrying capacity study of the Eco-sensitive Zone;

(ii) new construction of hotels and resorts shall not be permitted within one kilometer from the boundary of the Protected Area except for accommodation for temporary occupation of tourists related to Eco-friendly tourism activities. Provided that, beyond the distance of one kilometer from the boundary of the Protected Areas upto the extent of the Eco- sensitive Zone, the establishment of new hotels and resorts shall be permitted only in pre-defined and designated areas for Eco-tourism facilities as per Tourism Master Plan;

(iii) till 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.

(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 preserved and plan shall be drawn up for their protection and conservation, within six months from the date of publication of this notification and such plan shall form 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 indentified in the Eco-sensitive Zone and plans for their conservation shall be prepared within six months from the date of publication of this notification and incorporated in the Zonal Master Plan.

(6) Noise pollution.- The Environment Department of the State Government or State Pollution Control Board shall draw up guidelines and regulations for the control of noise pollution in the Eco-sensitive Zone in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and the rules made thereunder.

(7) Air pollution.- The Environment Department of the State Government or State Pollution Control Board shall draw up guidelines and regulations for the control of air pollution in the Eco-sensitive Zone 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.- The discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974) and the rules made thereunder.

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

(i) the solid waste disposal in Eco-sensitive Zone shall be carried out as per the provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000 published by the Government of India in the erstwhile Ministry of Environment and Forests vide notification number S.O. 908 (E), dated the 25th September 2000 as amended from time to time;

(ii) the local authorities shall draw up plans for the segregation of solid wastes into biodegradable and non-biodegradable components;

(iii) the biodegradable material shall be recycled preferably through composting or vermiculture;

(iv) The inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco- sensitive Zone and no burning or incineration of solid wastes shall be permitted in the Eco-sensitive Zone.

(10) Bio-medical waste.- The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out as per the provisions of the Bio-Medical Waste (Management and Handling) Rules, 1998 published by the Government of India in the erstwhile Ministry of Environment and Forests vide Notification number S.O. 630(E), dated the 20th July, 1998 as amended from time to time.

(11) 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 Ministry of Environment, Forests and Climate Change, Monitoring Committee shall monitor compliance of vehicular movement under the relevant Act and the rules and regulations made thereunder.

(12) Industrial Units.- There shall be-

(a) no establishment of new wood based Industries within the proposed Eco-sensitive zone, but this shall not apply to the existing legal wood based Industries;

(b) no establishment of any new Industry causing water, air, soil, noise pollution within the proposed Eco-sensitive zone;

(c) for the proposed railway line project which passes through the villages of Tippapur and Talamadla of Bhiknoor Mandal of Nizamabad district, the Eco-sensitive zone shall be further restricted by leaving the 500 meters from the railway track.

4. List of activities prohibited or to be regulated within the Eco-sensitive Zone.- All activities in the Eco sensitive Zone shall be governed by the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and the rules made thereunder, and be regulated in the manner specified in the Table below, namely:-

TABLE

5. Monitoring Committee:-

The Central Government hereby constitutes a Monitoring Committee, for effective monitoring of the Eco-sensitive Zone, which shall comprise of the following namely:-

(a) District Collector, Nizamabad – Chairman

(b) representative of District Collector, Medak – Member

(b) One representative of Non Governmental Organization working in the field of environment to be nominated by the Government of Telangana for a term of one year in each case - Member

(c) one expert in the area of ecology and environment to be nominated by the Government of Telangana for a term of one year in each case – Member

(d) Regional Officer, State Pollution Control Board – Member.

(e) Senior Town Planner of the area/Chief Urban Planner/City Planner – Member.

(f) Divisional Forest Officer (T) Medak – Member

(g) Divisional Forest Officer (T) Nizambad – Member

(f) Divisional Forest Officer, Wildlife management, medak & District Wildlife Warden Medak – Member Secretary.

Terms of Reference:

(1) The Monitoring Committee shall monitor the compliance of the provisions of this Notification.

(2) 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 14th 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 scrutinized by the Monitoring Committee based on the actual site-specific conditions and referred to the Central Government in the Ministry of Environment, Forests and Climate Change for prior environmental clearances under the provisions of the said notification.

(3) 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 14th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned Regulatory Authorities.

(4) The Member Secretary of the Monitoring Committee or the concerned Collector(s) or the concerned park Deputy Conservator of Forests shall be competent to file complaints under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification.

(5) 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.

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

(7) The Central Government in the Ministry of Environment, Forests and Climate Change may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions.

6. The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification.

7. 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 the High Court or National Green Tribunal.

[F. No. 25/60/2014-ESZ-RE]

Dr. T. CHANDINI, Scientist 'G'

ANNEXURE I

Boundary description of Eco-Sensitive Zone:

A to B: The boundary of Eco-Sensitive Zone starts at point A from station 1 starts from North-West corner of the Mothe village boundary of Lingampet Mandal of Nizamabad district with Lat. – Long. – 18.31718 – 78.16117 and it runs towards Eastern direction and goes by touching the north side of Mothe tank then it pass through station no.2 & 3 and the boundary turn towards North direction along the station nos.4 & 5, then it touches the village boundary of Pedda Demi, then it pass towards South – East direction along the Station No.7&8, then it runs southern side station no.9,10,11&12 along the boundary line of the Yerrapahad, Nandiwada villages and reaches to bio-junction of Nandiwada and Chityal village then it runs Eastern side with stations 13 & 14 and turn towards Southern side of village boundary of Chityal along the station No.15 and reaches station No.16 it is the tri-junction point of Chityal, Santaipet, Argonda villages. Then it turns towards Eastern direction passes through station No.17, 18, 19 and reaches station No.20 of Tadmadla and Argonda bi-junction then it pass through Easter direction along the boundary line of Peddaipally – Talamadla village boundary and reaches station No.22 of village sivar of Talamadla at point 'B'.

B to C: From station No.22 of point – B, the zone boundary line starts towards Southern direction which is parallel to railway track by leaving the distance of 500 mtrs. from railway track and it runs along the southern direction by connecting station Nos.23,24,25,26 & 27 and meets the station No.28 of Tippapur village boundary and its connects the Reserve Forest of Bhiknoor and again it runs towards southern direction passing through the Reserve Forest and meets station at 29, which is the District boundary of Nizamabad and Medak Districts. From the station No.29, the zone starts along the village boundary of Katriyal of Medak district towards southern side connecting station no.30&31 and further from station No.31 the boundary line starts village boundary of Laxmapur runs towards eastern direction and turns towards southern direction by connecting station nos.33&34 which is the point – C and it is the bi-junction point of Laxmapur and Shamnapur villages.

C to D: From Station No.34 of point – C, the boundary line runs towards western direction along the village of Shamnapur connecting the station No.35, 36 then it turns slightly towards south-west direction and it crosses the Medak – Ramayampet PWD Road and it connects station No.38 and further runs it towards along the village boundary of Aurangabad and Madulwai and connecting station No.39&40, then it runs along the village boundary line of Kuchanpally village connecting station No.40, 41 and reaches station no.42 which is the tank location of Kuchanpally, Further from station no.42 the line runs towards western direction along the Kuchanpally, Fareedpur and Sardana village boundaries and from Station No.43 the line runs along the pasupuleru vagu by connecting station nos.44, 45, 46, 47 and reaches point – D on Medak – Nizamabad District boundary.

D to A: From Station No.47 of point 'D' the line runs towards northern side in zig-zag manner connecting station no.48 to 57 along the village boundaries of Pocharam, Vadalparthy of Nagireddypet Mandal the line touches the R.F. block Polkampet at station no.58 it runs towards zig-zag manner towards northern direction from 59 to 63 passes through Polkampet and Ramaipally Reserve Forest Blocks along the village boundaries of Polkampet, Kannapur and Pothaipally. Then it runs towards northern direction in zig-zag manner from station No.63 to 65 and by crossing the PWD Road ofभारत का राजपत्रा : असाधरण [भाग II—खण्ड 3(ii)] 21 Yellareddy to kamareddy in between station no.64 and 65 and it touches the Reserve Forest Yellareddy and goes further from station No.66 to 72 and finally it reaches station No.1 of point 'A' of Mothe village along the village boundaries of Lingampally, Yellaram and Mothe.

Annexure II

List of Villages falling within the proposed Eco sensitive Zone

Annexure III

Map of Eco-sensitive Zone boundary together with latitudes –longitudes

Annexure IV

Proforma of Action Taken Report: - Eco-sensitive Zone Monitoring Committee.-

1. Number and date of Meetings

2. Minutes of the meetings: Mention main noteworthy points. Attached Minutes of the meeting on separate Annexure.

3. Status of preparation of Zonal master Plan including Tourism master Plan

4. Summary of cases dealt for rectification of error apparent on face of land record. Details may be attached as Annexure

5. Summary of cases scrutinized for activities covered under Environment Impact Assessment Notification, 2006.

Details may be attached as separate Annexure.

6. Summary of case scrutinized for activities not covered under Environment Impact Assessment Notification, 2006. Details may be attached as separate Annexure.

7. Summary of complaints ledged under Section 19 of Environment (Protection) Act, 1986.

8. Any other matter of importance.

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