GS3 – Environment
Context
The Rajasthan Forest Department has redrawn the boundaries of the Nahargarh Wildlife Sanctuary (NWS), allegedly to benefit nearby commercial establishments within the Eco Sensitive Zone (ESZ).
About the Sanctuary
- Located in the Aravalli Hills near Jaipur, the sanctuary encompasses Nahargarh Fort.
- It is part of the Nahargarh Biological Park, home to species like leopards, hyenas, jackals, and various birds.
Legal and Procedural Lapses
- Violation of Wildlife Protection Act, 1972:
- Section 26A mandates prior approval from the National Board for Wildlife (NBWL) before any changes to the boundary of a protected area.
- The revised boundary map was submitted directly to the National Green Tribunal (NGT) without NBWL clearance.
- Supreme Court Mandate (2013):
- In Centre for Environmental Law, WWF-India vs Union of India, the Court ruled that any boundary modification requires NBWL approval.
- Procedural Irregularities:
- The new map includes only Reserved Forests, omitting Described Areas (private/revenue lands previously notified).
- No formal revocation or amendment of earlier No Objection Certificates (NOCs) was undertaken.
Governance and Ethical Concerns
- Alleged Commercial Nexus:
- RTI activists claim that the changes serve to legalise illegal constructions rather than uphold environmental safeguards.
- Lack of Transparency:
- The process lacked public consultation and displayed poor institutional oversight.
- Conservation Implications:
- This is only the second such case in Rajasthan (after Sariska), raising alarms about the sanctity of protected areas.
Way Forward
- Enforce Legal Procedures:
- Ensure all boundary modifications follow due process under the Wildlife Protection Act.
- Strengthen Oversight:
- Institutionalise the role of NBWL in all sanctuary-related decisions.
- Preserve Ecological Integrity:
- Mandate independent environmental assessments for any urban project near ecologically sensitive zones.
- Enhance Accountability:
- Conduct audits of all NOCs and clearances issued within ESZs over the past 10 years.