Know About Eco-Sensitive Zones Before Buying Property

The concept of eco-sensitive zone is an initiative by the Government of India to advocate sustainable development apace with the conservation of natural heritage. The Ministry of Environment and Forests (MoEF) has come out with new guidelines to spawn eco-sensitive zones (ESZs) around these ‘protected areas’. It curbs the ecological devastation caused due to developmental activities, specifically in urban areas of the country, encompassing national parks and wildlife sanctuaries.

Any area which surrounds a wildlife sanctuary or national park within a 10 kilometer radius is termed as an eco-sensitive zone and is issued a set of protocols by the government which needs to be followed. In such areas mining, construction and other high-intensive activities are restrained and are used only for the domestic needs of the native dwellers. The area also imposes a ban on industrial pollution and establishment of new major hydroelectric projects in the ESZs while proposing controlled migration of vehicular influx at night and undertaking activities associated with tourism. These are all a consequence of a resolution by the Indian Board for Wildlife in 2002.

What is the purpose of asserting ESZs as a no-development zone?

The prime objective of the ESZ is to set up a kind of shock absorber for the protected areas which will also act as a transition zone from areas of higher protection (parks, reserves, etc.) to areas involving lesser protection (urban settlements, industrial zones, etc.) . According to the ministry’s new guidelines issued on Feb 9, 2011, the basic aim is to regulate certain activities around national parks and wildlife sanctuaries so as to minimize the negative impacts of such activities on the feeble ecosphere encompassing these protected spaces.

Sultanpur National Bird Sanctuary in Haryana is 15 kms from Gurgaon. As of now, the place is safe but if the current rate of expansion continues, the place has a possibility to fall under the ESZ. Several sectors in Noida, which are near the Okhla Bird Sanctuary are already facing problems. For more details, wait for the next part of this series which will deal exclusively with Noida. Karnala Bird Sanctuary, which is located barely 12 kms from Panvel is also a high risk area since it is one of the most rapidly developing suburbs in the Mumbai Metropolitan Region. Sunderbans, Western Ghats and Pulicat are frequently visited tourist places and if extra care is not taken, the tourism development could adversely affect the reserved areas.

The government frames laws and policies to protect a country’s heritage and environment but it is the duty of the people to follow them and contribute towards the protection of our heritage. The most popular case is the government’s safeguarding of the Taj Mahal (1996) by implementing regulations on industrial and developmental activities in the area. The environmentalists are also jousting for the same cause, but instead of famous monuments like the Taj, they are fighting to protect our land.

ESZs and Investing in property

Setting up of an eco-sensitive zone in a country has two aspects. On the one hand, the Government of India is trying to protect and conserve the country’s natural heritage by declaring the eco-sensitive zones around the wildlife sanctuary and national parks. On the other hand, there are builders who construct and build housing projects around these areas to earn money, offering more living options for the increasing urban population. For example, a large amount of property in Noida remains unsold because of the National Green Tribunal order forbidding authorities from registering properties falling within the eco-sensitive zone around the Okhla Bird Sanctuary.

For home buyers, investing in a property in or near an ESZ is high risk as there are many cases involving the ongoing disputes between major real estate builders and the legal authorities of the country. In majority of the government judgments, the builders are asked to return the money of the patrons but this involves a long legal struggle and the investor has to undergo a long period of waiting. For instance, several projects offered by major builders like ATS, Supertech, Amrapali etc. in Noida are affected by such a judgment. (For a clearer picture of the ESZ dispute in Noida, wait for our next blog on ESZ and Property in Noida.)

Here are a few questions to ask before you invest in a project that might be close to an ESZ.

While an ESZ seems to create more conflicts regarding housing and investment, it is important that investors understand the ecological need for such a measure. The need to maintain an ESZ is a responsibility that must be shared by all and if homebuyers show more active awareness of these details, we can soon expect a more environment-friendly development agenda for the country.