Eco-sensitive areas: NGT puts ball in MoEF court

Meena Menon
NEW DELHI, 
The Hindu, September 25, 2014 

The National Green Tribunal (NGT) on Wednesday put the onus of deciding eco-sensitive areas (ESA) in the Western Ghats on the Ministry of Environment and Forests (MoEF) and said it would pass judgment in the case on Thursday.

Justice Swatanter Kumar of the NGT pointed out that the latest affidavit filed by the MoEF on Monday had opened up the issue of eco-sensitive areas. He said that the MoEF should take the responsibility for the ESAs and ensure no project came up in the Western Ghats till the ESA was finalised.

The MoEF in its affidavit filed by Secretary Ashok Lavasa said that the ESA as stated in the draft notification [based on the Kasturirangan report] dated March 10, 2014 forms the basis for demarcation of ESAs by physical verification by the State governments of the Western Ghats region.

Such proposals of States received after physical verification would be examined by the Ministry before taking a view on further appropriate action, including issuing a fresh draft notification if required, to seek objections from the public on the proposals received from state governments. So far, only Kerala has submitted its ESA and other States have time till December 15, 2014 to submit proposals.

When counsel for the MoEF said the basis of the ESA was the Kasturirangan report, the NGT asked if areas in excess of the Kasturirangan report were included in the final notification on ESA (as indicated in the MoEF’s latest affidavit) and there were projects happening in those areas, what was the Ministry going to do? Therefore, it indicated that the Ministry should clearly notify the ESA, but did not specify which report it should follow. The NGT asked the Ministry to expedite the demarcation of ESAs and go Statewise instead of waiting for all States to come up with their ESAs.

State’s concern

K.K. Venugopal, counsel for the Kerala government, wanted a clarification on what was the basis of the ESA, to which Justice Kumar said the MoEF should decide this. He said the NGT was not going to interfere in the Ministry’s working.

Mr. Venugopal said Kerala had done everything that was needed and it was concerned whether a new ESA notification would impinge on the State’s ability to carry out projects. However, the MoEF counsel said that Kerala had narrowed down the ESA and it was less than what was recommended in the Kasturirangan report and it would have to be examined.