Supreme Court says 10 km radius buffer for mining extends to all wetland reserves
The court was hearing an application filed by the State of Himachal Pradesh arguing that the 10 km radius restriction imposed in Uttarakhand should not apply to it
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Context
The has ruled that its The note refers to a February 2014 or 2024 order; however, the foundational pan-India mining ban within 1 km was reinforced in June 2022 and clarified in April 2023. prohibiting mining within a 1 km radius (safety zone) and regulating activities within the 10 km default Eco-Sensitive Zone (ESZ) as per the T.N. Godavarman (2022) and Goa Foundation (2014) rulings. of the in Uttarakhand applies to all wetland conservation reserves nationwide, establishing parity. The ruling came during a hearing initiated by Himachal Pradesh, which sought exemption, arguing that unlike and , wetland reserves do not inherently require buffer zones. The Court emphasized that a uniform approach is necessary for sensitive ecosystems like the Himalayan terrain, and that mining in these buffer zones now requires permission from the or the .
UPSC Perspectives
Environmental
This ruling significantly elevates the protection status of wetlands in India, aligning their buffer zone requirements with those of and . The based this expansion partly on the international importance of sites designated under the . Buffer zones, technically known as Eco-Sensitive Zones (ESZs), are crucial for mitigating the impact of human activities on fragile ecosystems, acting as a 'shock absorber'. Until now, the 10 km default ESZ (pending site-specific notification) was primarily associated with protected areas under the . By explicitly applying this to wetland conservation reserves, the Court acknowledges the unique vulnerability of these aquatic ecosystems to industrial activities like mining, which can cause severe hydrological disruptions and pollution. For UPSC Prelims, candidates must know that was Uttarakhand's first Ramsar site and understand the criteria for Ramsar designation. Mains questions could focus on the evolving jurisprudence regarding ESZs and the challenges of balancing infrastructure development (like mining) with wetland conservation.
Polity
This case highlights the active role of the higher judiciary in environmental governance, often stepping in where executive frameworks are perceived as inadequate or inconsistently applied—a concept known as judicial activism. The 's insistence on 'parity' across states ensures that environmental regulations are not fragmented by state boundaries, reinforcing a unified national approach to conservation. The conflict arose because environment and forests are in the (introduced by the 42nd Amendment), leading to friction between central directives and state-level economic interests (like mining revenue in Himachal Pradesh). The Court's directive mandates that any mining within this 10 km buffer requires clearance from the Standing Committee of the (NBWL), a statutory body constituted under the and chaired by the Prime Minister. This centralizes the clearance process for activities near sensitive zones, moving power away from state authorities. UPSC aspirants should be prepared to analyze the role of the NBWL in environmental clearances and the tension between state autonomy in resource management and national conservation mandates.
Geographical
The ruling specifically addresses the ecological fragility of the Himalayan terrain, which the Chief Justice noted passes through both adjoining states (Uttarakhand and Himachal Pradesh). The Himalayas are a geologically young and unstable mountain range, highly susceptible to landslides and erosion, making them particularly vulnerable to extractive industries like mining. The itself is located at the confluence of the Asan and Yamuna rivers, highlighting its importance in riverine ecology and as a habitat for migratory birds. The Court's assertion that 'The entire Himalayan terrain has to be governed by the same set of directions' underscores a landscape-level approach to conservation, rather than a piecemeal, state-by-state approach. This geographic continuity is vital because environmental impacts, such as river pollution or habitat fragmentation, do not respect political borders. For geography and environment sections, students should map major Ramsar sites in the Himalayan region and understand how localized mining can have downstream impacts on regional hydrology and biodiversity.