Yes, building a house in an Eco-Sensitive Zone (ESZ) is possible under specific, stringent circumstances and regulations, following a significant Supreme Court modification. It is not a complete ban, but construction remains highly controlled and restricted to ensure environmental protection.
Understanding Eco-Sensitive Zones
Eco-Sensitive Zones (ESZs) are areas designated by the Ministry of Environment, Forest and Climate Change (MoEFCC) around Protected Areas, National Parks, and Wildlife Sanctuaries. The primary objective of declaring an ESZ is to regulate and manage activities in these fragile ecosystems to minimize adverse impacts on the protected areas and their biodiversity.
The Supreme Court's Stance on ESZs
Previously, there was a blanket prohibition on development and construction within these zones. However, on April 26, 2023, the Supreme Court lifted a complete ban on development and construction activities within 'Eco-sensitive zones' or ESZs. This landmark decision means that while the complete prohibition has been removed, it does not imply unrestricted construction. Instead, it shifts the focus to regulated development that aligns with the specific ESZ's Master Plan and environmental guidelines.
The ruling emphasizes that future construction and development activities within ESZs must strictly adhere to the provisions of the ESZ notification and the respective Master Plans, which delineate permitted and prohibited activities.
Regulations and Permitted Activities
Despite the lifting of the complete ban, construction in ESZs is highly regulated. The activities allowed are typically those that are non-polluting, eco-friendly, and compatible with the ecological balance of the area. Large-scale commercial or industrial constructions are generally prohibited or heavily restricted.
Here’s a general overview of activity types:
- Permitted Activities (Generally):
- Rainwater harvesting.
- Organic farming.
- Erection of fences.
- Eco-tourism activities (small-scale, low-impact, environmentally sustainable facilities like eco-lodges, not large resorts).
- Renovation of existing buildings.
- Setting up renewable energy sources.
- Local community infrastructure (e.g., schools, dispensaries, local roads) if subject to strict environmental review.
- Regulated Activities (Requiring Specific Permissions and Review):
- New construction of residential units (personal use), particularly small, low-impact structures, which would be subject to strict environmental assessment and adherence to the ESZ Master Plan.
- Felling of trees (only for specific purposes like community forestry or infrastructure maintenance, with compensatory afforestation).
- Hotels and resorts (only small, eco-friendly ones and strictly as per the Master Plan).
- Prohibited Activities (Generally):
- Commercial mining (stone quarrying, etc.).
- Setting up of new polluting industries.
- Major hydroelectric projects.
- Discharge of untreated effluents.
- New large-scale commercial constructions (e.g., sprawling shopping malls, large residential complexes).
Obtaining Permissions for House Construction
For those considering building a house in an ESZ, the process involves navigating multiple layers of approvals and adhering to strict guidelines. It is not a straightforward process like building in a regular residential zone.
The key steps and considerations typically include:
- Consulting the ESZ Master Plan: Each ESZ has a specific Master Plan that details the permissible activities and development norms within its boundaries. Your proposed construction must align with this plan.
- Environmental Clearance (EC): Depending on the size and nature of the construction, an Environmental Clearance from the Ministry of Environment, Forest and Climate Change or the State Level Expert Appraisal Committee (SEAC) may be mandatory.
- Local Planning Authority Approval: Obtaining necessary permits and approvals from the local municipal corporation, Gram Panchayat, or urban development authority, ensuring compliance with local zoning and building codes.
- No Objection Certificate (NOC): Often, an NOC from the respective Forest Department, Wildlife Department, or National Board for Wildlife (NBWL) is required.
- Assessment of Impact: The authorities will assess the potential environmental impact of your proposed construction on the ESZ's ecology, biodiversity, and the adjacent Protected Area.
- Sustainable Design: Preference is given to constructions that use sustainable materials, minimize environmental footprint, incorporate green building practices, and align with the principles of ecological conservation.
| Activity Type | General Status in ESZ (Post-SC Order) |
|---|---|
| New Large-Scale Residential Units | Highly Restricted / Often Prohibited |
| Small, Low-Impact Personal Houses | Possible with Strict Regulations & EC |
| Commercial Mining | Prohibited |
| Large-Scale Commercial Establishments | Prohibited |
| Small Eco-Tourism Facilities | Permitted (Low-Impact & Sustainable) |
In conclusion, while the complete ban on construction in Eco-Sensitive Zones has been lifted, building a house is not a right but a privilege that comes with significant responsibilities and regulatory hurdles. Any construction must be low-impact, sustainable, and strictly adhere to the specific ESZ Master Plan and environmental clearances.
