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

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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. 2827] नई दिल्ली, बुध्वार, दिसम्बर 30, 2015/पौष 9, 1937

No. 2827] NEW DELHI, WEDNESDAY, DECEMBER 30, 2015/PAUSA 9, 1937

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

वन्यजीव अभयारण्य,वन्यजीव अभयारण्य,वन्यजीव अभयारण्य,वन्यजीव अभयारण्य,हरियाणा के पारिस्थितिहरियाणा के पारिस्थितिहरियाणा के पारिस्थितिहरियाणा के पारिस्थितिसंवेदी जोन की सीमा का मानचित्रसंवेदी जोन की सीमा का मानचित्रसंवेदी जोन की सीमा का मानचित्रसंवेदी जोन की सीमा का मानचित्र

II

दर्शित करने वाले समन्वयन

-III

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 30th December, 2015

S.O. 3548(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 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, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003, or at e-mail address [email protected]

Draft Notification

Whereas, the Chhilchhila Wildlife Sanctuary which is about 29 hectares in area, is a wetland, which attracts winter migratory birds and surrounded by fertile agriculture lands;

And whereas, the sanctuary provides an ideal habitat for ground dweller and flying birds. Peafowl's, Grey Partridge, Black Partridge, Common Dove, Ring Dove, Brahamani Mayna, Common Mayna, Bubbler, Blue Robin, Tree pie, Myna, Sparrows, Crow Pheasant, Cattle Egrets, Little Egrets, Pond Horn, Paddy Bird, Common Teel, Shoveller, Stilt, Mallard, Poachard, Comb Duck etc. are the main birds species. Besides the above Neelgai, Wild Hare, Lizard and different species of snakes are found in the sanctuary;

And whereas, the composition and distribution of the forest vary due to the climatic condition, type of forest is mixed deciduous forest and there are plantation of Eucalyptus and Ber in the area. Besides this plant species like Kikar, Neem, Bargat, Pipal, Jamun and Belpathar are also found;

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 Chhilchhila Wildlife Sanctuary as Eco-sensitive Zone from ecological and environmental point of view and to prohibit industries or class of industries and their operation and process in the said Eco-sensitive Zone;

Now, therefore, 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) read with sub- rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area upto 80m around Chhilchhila Wildlife Sanctuary in the State of Haryana as Chhilchhila Wildlife Sanctuary Eco-Sensitive Zone (hereinafter called 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 is an area upto 80 meters all around the boundary of the protected areas of the Chhilchhila Wildlife Sanctuary comprising an area of 19 hectares approximately.

(2) The Eco-sensitive Zone is bounded by 29º56'15.173"N latitude and 76º41'8.969"E longitude towards east (Reference point No.4 of map); 29º56'24.139"N latitude and 76º40'36.352"E longitude towards west (Reference point No.8 of map); 29º56'30.074"N latitude and 76º40'47.789"E longitude towards north (Reference point No.1 of map) and 29º56'5.523"N latitude and 76º41'0.925"E longitude towards south (Reference point No.5 of map).

(3) The map of Eco-sensitive Zone boundary is appended to this notification as Annexure I.

(4) The coordinates of Eco-sensitive Zone with its latitudes and longitudes of extremes and extent are appended to this notification as Annexure II.

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 Zonal Master 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 with due involvement of all concerned State Departments, namely:-

(i) Environment;

(ii) Forest;

(iii) Urban Development;

(iv) Tourism;

(v) Municipal;

(vi) Revenue;

(vii) Agriculture;

(viii) Haryana State Pollution Control Board.

for integrating environmental and ecological considerations into it.

(5) The Zonal Master Plan shall not impose any restriction on the existing legal land use, legal infrastructure and activities, unless so specified in this notification. However, 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 and proposed 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 so as to ensure eco-friendly development and livelihood security of local communities.

3. Measures to be taken by State Government.-The State Government 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 the residential needs of local residents, and for the activities listed at item numbers 27, 35 and 40 in column (2) of the Table in paragraph 4, namely:-

(i) Small scale industries not causing pollution;

(ii) Rainwater harvesting; and

(iii) Cottage industries including village artisans etc.:

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 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 the Monitoring Committee, only 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 above correction of error shall not include change of land use in any case except as provided under this sub-paragraph.

(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 strict guidelines shall be drawn up by the State Government to prohibit development activities at or near these 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, Government of Haryana in consultation with Department of Revenue and Forests, Government of Haryana.

(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 guideline issued by the central Government in the Ministry of Environment, Forest and Climate Change and the eco-tourism guideline issued by the National Tiger Conservation Authority (as amended from 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 allowed within the Eco-sensitive Zone;

(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 proper plan shall be drawn up for their protection and conservation, within six months from the date of publication of final 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 final notification and incorporated in the Zonal Master Plan.

(6) Noise pollution.- The Environment Department of the State Government 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).

(7) Air pollution.- The Environment Department of the State Government 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).

(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).

(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, Forests and Climate Change vide notification number S.O. 908 (E), dated the 25th September, 2000;

(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 shall be disposed of in an environmentally acceptable manner.

(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 Forest vide notification number S.O. 630(E), dated the 20th July, 1998.

(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, Forest and Climate Change, Monitoring Committee shall monitor compliance of vehicular movement as per the rules and regulations in force.

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

TABLE

5. Monitoring Committee.- (1) In exercise of the powers conferred by sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby constitutes a Monitoring Committee, for effective monitoring of the Eco-sensitive Zone, which shall comprise of, namely:-

(i) Deputy Commissioner, Kurukshetra - Chairman;

(ii) Additional Deputy Commissioner, Kurukshetra -Member;

(iii) a representative of Non-governmental Organizations working in the field of environment (including heritage conservation) to be nominated by the Government of Haryana for a term of one year – Member;

(iv) Regional Officer, Haryana State Pollution Control Board-Member;

(v) District Town Planner, Kurukshetra - Member;

(vi) One expert in the area of ecology and environment to be nominated by the Government of Haryana - Member;

(vii) Divisional Wildlife Officer, Panchkula – Member;

(viii) Deputy Conservator of Forests (Territorial) Kurukshetra – Member Secretary.

6. Terms of Reference.- (1) The Monitoring Committee shall monitor the compliance of the provisions of Gazette 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 scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred toभारत का राजपत्रा : असाधरण [भाग II—खण्ड 3(ii)] 17 the Central Government in the Ministry of Environment, Forest 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 paragraph 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 Deputy Commissioner(s) 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 Wild Life Warden of the State as per pro forma given in Annexure III.

(7) 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. The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of the notification.

8. The provisions of this Notification are 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 (NGT).

[F. No. 25/46/2014-ESZ-RE]

Dr. T. CHANDINI, Scientist 'G'

Annexure-I

Map of Eco-sensitive Zone boundary of Chhilchhila Wildlife Sanctuary, Haryana.

Annexure-II

The coordinates showing prominent points of the outer boundary of Eco-sensitive

Zone of Chhilchhila Wildlife Sanctuary, Haryana

Annexure III

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 scrutinised for activities covered under Environment Impact Assessment notification, 2006.

[Details may be attached as separate Annexure]

6. Summary of case scrutinised 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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