WHEREAS, a draft notification, declaring Eco-sensitive Zone around Karnala Wildlife Sanctuary in Maharashtra, 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. 1658(E)

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. 206] नई दिल्ली, शुक्रवार, जनवरी 22, 2016/माघ 2, 1937

No. 206] NEW DELHI, FRIDAY, JANUARY 22, 2016/ MAGHA 2 , 1937

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I10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] II

III12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

IV

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 22nd January, 2016

S.O. 230(E).—WHEREAS, a draft notification, declaring Eco-sensitive Zone around Karnala Wildlife Sanctuary in Maharashtra, 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. 1658(E), dated the 17th June 2015, inviting objections and suggestions from all persons likely to be affected thereby within a 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 notification were made available to the public on the 17th June 2015;

AND WHEREAS, objections and suggestions received from all persons and stakeholders in response to the draft notification have been duly considered by the Central Government;

AND WHEREAS, the Central Government considers that Karnala Bird Sanctuary is situated between 73° 5' to 73°9' E Longitudes and 18°51'30" to 18°54' N Latitudes in Raigad District of Maharashtra State and extends over an area of 12.10 square kilometers;

AND WHEREAS, the sanctuary harbors rich variety of woodland birds including rare bird species and has about 147 resident bird species and 37 migrant bird species including Ashy Minivet and Heart Spotted Woodpecker;

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 Karnala Wildlife Sanctuary as Eco- sensitive Zone from ecological and environmental 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) read with sub- rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies the area to an extent varying from zero to 8 kilometers from the boundary of Karnala Wildlife Sanctuary in the State of Maharashtra as the Karnala Wildlife Sanctuary Eco-sensitive Zone (hereinafter 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 is spread over an area of around 31.7 square kilometre with an extent varying from zero to 8 kilometers from the boundary of Karnala Wildlife Sanctuary and the boundary description of such zone is given in Annexure I.

(2) The Eco-sensitive Zone is spread across 18 villages in Uran and Panvel Talukas of Raigad District in Maharashtra.

(3) The list of the villages falling within Eco-sensitive Zone along with co-ordinates of prominent points is appended as Annexure II.

(4) The map of the Eco-sensitive Zone along with latitude and longitude 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 this 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, namely:-

(i) Environment,

(ii) Forest,

(iii) Urban Development,

(iv) Tourism,

(v) Municipal,

(vi) Revenue,

(vii) Agriculture

(viii) Maharashtra State Pollution Control Board,

(ix) Irrigation,

(x) Public Works Department

for integrating environmental and ecological considerations into it.

(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 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 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 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 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, such as 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, Government of Maharashtra in consultation with Department of Revenue and Forests, Government of Maharashtra.

(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, 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 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 Karnala Wildlife Sanctuary 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 Area till 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 and16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 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 Maharashtra 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 Maharashtra 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 effluents 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 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.

(12) Industrial units. -

(a) No establishment of new wood based industries within the proposed Eco-sensitive Zone shall be permitted except the existing wood based industries set up as per the law.

(b) No establishment of any new industry causing water, air, soil, noise pollution within the proposed Eco-sensitive Zone shall be permitted.

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

(a) The Collector of Raigad District

- Chairman

(b) A representative of Zilla Parishad, Raigad - Member

(c) A representative of Department of Revenue, Government - Member

of Maharashtra

- Member

(d) One representative of Non-Governmental Organisation working in the field of environment to be nominated by the Government of Maharashtra for a term of one year.

- Member

(e) One expert in the area of ecology and environment to be nominated by the Government of Maharashtra for a term of one year in each case[भाग II—खण्ड 3 (ii)] भारत का राजपत्रा : असाधरण 19 (f) The Regional Officer, Maharashtra State Pollution - Member

Control Board, Mumbai

(g) The Senior Town Planner of Raigad

- Member

(h) Representative of Special Planning Authority (SPA)-

- Member

Navi Mumbai Airport Influence Notified Area (NAINA)

(i) Representative of Industry Department/Maharashtra

- Member

Industrial Development Corporation (MIDC)

(i) The Deputy Conservator of Forest - Alibag Division - 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, 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 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, Forest 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. 25/48/2014-ESZ-RE]

Dr. T. CHANDINI, Scientist 'G'

Annexure I

Description of boundaries of proposed Eco-sensitive Zone

North

Village Manghar Malki- Ms No. 23, 24

Village Mosare Malki – Ms No. 90, 86, 89, 82, 80, 74, 75, 73, 72, 36, 23, 109, 108, 107, 106, Village boundary of Dapoli, Karanjade Nadgaon

Village Patnoli Malki – 5, 4, 15, 2, 11, 10, 12, 25, 27, 28, 5pt, 8, 7, 32 & Village boundary of Wadvali,Turmale

Village Nanoshi (Gotheghar) Malki – MS No. 101, 96, 95, 93, 88, 87, PF No. 82, 81, RF No. 57, 55, 53, 51, 50, 41, 40, 38, 37, Nalla, 16, 17, 22, 21, 23, 26, 25, 24, 8, 27, 30, 29, village boundary of Patnoli,20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] Village Sangurli Maliki – Village boundary of Chirvat, MS No. 74, 75,

Village boundary of Chirvat, MS No. 2, 1, Wadi Gaothan, MS No. 9, 81, 84, 80, 79, 78, 77, 69, 70

Village Chinchvan Malki – MS No. 47pt, 46, 38pt

Village Kishivali (Shirdhon) Malki – MS No. 33(233), 30(236), 132(333), 140(373), village boundary of Devloli BK.

East

Village Posari Malki – MS No. 51pt

Village Turade Malki – Village boundary Posari, MS No. 42, 41, 36, 34 , village boundary of Akulwadi

Village Akulwadi Malki – PF No. 88pt, MS No. 58, 60,78, RF No. 73pt, MS No. 54pt

South

Village Apte Malki - MS No.77pt, 78pt, 84pt, 102pt, 101pt, 87pt,

Patalganga River, MS No. 89pt, 90, 92pt, 118, 120pt, 119, 122, 56, 57pt, 61pt, 63pt, 60pt, village boundary of Koral Village Koral Malki – RF no. 24pt, MS No. 17, 16pt, 14, 5, 4, 3

Village Karnala Malki – RF No. 321pt, MS No. 200

Village Kalhe Malki – MS No. 173pt, 170pt, 168pt, 171pt, 86pt, 152pt, 153pt, 146pt, 148pt, 145pt, 124pt, 125, 123pt, 111pt, 112pt, 107pt, 104pt, 105pt, 102pt, 61pt, 60pt, 57pt, 64pt, 56pt, 58pt, RF No. 59pt

West

Village Ransai Malki – RF No. 127pt, MS No. 43, 42, 31, 30A,26, 27, 24D pt, 23pt, 14pt, 51pt, 53pt, village boundary of Poi,

Village Poi Malki – Gaothan, MS No. 2, 14, 53, 52, 43, 41, 40

Village Deghode Malki – Village boundary of Kanthavali, MS No. 86, 82, 83, 84, 81, 80, 73, 72, 71, 58

Village Veshvi Malki – MS No. 57, 56, 54, 53, 52, 51, 35, 41, 29, 30

Village Chirle Malki - MS No. 87, 86, 67, 66, 65, 61, 60, 58, 57, 56, 55, Road, MS NO. 51, village boundary of Vahal Village Vahal Malki - village boundary of Padeghar , Aq. F. No. 436

Village Padeghar Malki - PF No. 45A

Village Kundevahal Malki - MS No. 53, 54, 52, 48, 41, Nalla

Annexure II

List of villages falling within the proposed Eco-sensitive Zone

Annexure III

Map of proposed Eco-sensitive Zone along with coordinates

Co-ordinates of prominent points on Karnala Bird Sanctuary boundary

Co-ordinates of prominent points on Eco-sensitive Zone boundary

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. Attaché 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 scrutinised for activities not covered under Environment Impact Assessment notification, 2006. Details may be attached as separate annexure.

7. Summary of complaints lodged under section 19 of Environment (Protection) Act, 1986.

8. Any other matter of importance.

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