Irked by the ambivalence of the Ministry of Environment and Forests (MoEF) on Western Ghats conservation, the National Green Tribunal (NGT) on Tuesday ordered the secretary of the ministry to file a detailed affidavit within a week on whether states have been asked to conduct a fresh survey of areas to be included as eco-sensitive areas (ESA)s.
Calling the environment ministry “messy”, Justice Swatanter Kumar who heads the NGT said that the ministry seems to have doubts on the Dr Madhav Gadgil report on the Western Ghats as well as the Kasturirangan report and both draft notifications on Ecologically Sensitive Areas (ESA) issued by the MoEF contemplate states mapping out on the ground the extent of the ESAs since the two reports had relied on satellite data. Justice Kumar also said the MoEF first accepted Dr Gadgil’s Western Ghats Ecology Expert Panel(WGEEP) report and then later the report of the high level working group (HLWG) headed by Dr K Kasturirangan.
Justice Kumar told the MoEF that it was making a joke of the proceedings and it was changing its stand everyday. In his order, he said that the MoEF affidavit in the last hearing said that Dr Gadgil’s WGEEP report is not be processed and in another affidavit [today] it uses vague language suggesting that the objections may be filed by any person on the proposals in the draft notification of the area to be brought under regulation. In addition, there is a press report that MoEF proposes to conduct a fresh survey on the premise that the two earlier panels relied on satellite data for no development zones but surveys will find actual situation on the ground and on the basis of this a decision will be taken. It is indicated as if the move would mean overriding previous recommendations. "Before we proceed, it will be appropriate that a definite stand is taken by the MoEF," he added.
Today’s MoEF affidavit, in response to an NGT order in August, said while responding to the proposals contained in the draft notification, some of the state governments of the Western Ghats region had represented to the ministry of environment that they wish to demarcate the ESA by physical verification. Based on the requests received, the ministry had written to all state governments of the Western Ghats region in June 2014 for undertaking demarcation of the ESA within their jurisdiction by physical verification, if they so desire, and submit their proposals to the ministry within two months, except for the state of Kerala which has already undertaken such an exercise. The ministry is yet to receive proposals from other state governments. Goa has requested more time to undertake demarcation of ESA due to the monsoons.
The MOEF said it had decided to give additional time to the state governments of the Western Ghats region, except for the state of Kerala, to under taken physical verification, if they so desire, and submit their proposals to the ministry latest by December 15, 2014.
This has been communicated to the governments on September 5. The affidavit says that once the proposals are received the ministry would take appropriate action, including a fresh draft notification if required to seek objections from the public on the proposals received from the state governments.
