Kerala mulling two options in SC on ESZ

To move a clarification petition or modification petition on June 3 order

Kerala may approach the Supreme Court in a day or two seeking a re-look at its order on the one kilometre demarcation of the Eco Sensitive Zone (ESZ) around the protected areas.

Senior officers of the State, including Advocate General K. Gopala Krishna Kurup, Forest Secretary Rajesh Sinha and Chief Wildlife Warden Ganga Singh, were in New Delhi on Sunday to finalise the State’s strategy to be adopted in the Supreme Court.

Senior Supreme Court lawyer Jaydeep Gupta is likely to appear for the State in the apex court.

Two options

The State is mulling two options while moving the apex court. Either a clarification petition or a modification petition on its June 3 order is what the State is looking for. The State wishes to get the order reviewed or clarified or even modified considering the State-specific geographical features.

The State did not get an opportunity to present its case before the three-member Bench, which passed the order. Kerala hopes to get an audience with the Bench so that it can convince the court that the common yardstick of one kilometre ESZ around protected areas may not be feasible for the State where human habitations have come up, legal sources indicated.

Kerala-specific situation

According to the Advocate General, discussions were on to finalise the strategies to be adopted before the apex court. A decision whether a modification petition or a clarification petition had to be moved will be taken shortly. The petition will have to be supported by data on the Kerala-specific situation to convince the court. However, the decision would be taken in a day or two, said Mr. Kurup.

Incidentally, the Supreme Court decision had stirred unrest in the State, especially in the districts where human habitations had come up around the protected areas. The issue had found resonance in the Assembly with the Opposition and the ruling fronts locking horns. The State government had also initiated a negotiation with the Centre so as to garner its support while moving the Supreme Court.

Forest Minister A. K. Saseendran had met Union Forest Minister Bhupender Yadav in this regard.