Judgement of the National Green Tribunal regarding declaration of protected areas as Eco-sensitive Zones, Sikkim, 21/08/2017
Judgement of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Tseten Lepcha Vs Union of India & Others dated 21/08/2017 regarding the notification issued by the Ministry of Environment, Forest and Climate Change dated 27.8.2014 declaring eight protected areas as Eco-sensitive Zones in in the State of Sikkim. The Appllicant - Tseten Lepcha has contended that the Eco-sensitive Zones which usually serve as shock absorbers, have been notified keeping a mere 25-200 metres width in violation of Environment (Protection) Act, 1986 (in short EP Act), the Biological Diversity Act, 2002, the Precautionary Principle, the Principle of sustainable Development, Intergenerational Equity and Principle of Eco-centrism.
NGT dismisses the Application by stating that adequate exercise was undertaken both by the state and the Union Government to follow the 2011 Guidelines (dated 9.2.2011 issued for identification of ESZs) to the extent possible.