National Green Tribunal: No fresh green nod for mining, other projects

Asking it to decide over ecologically sensitive areas (ESA) in Western Ghats spreading across six states with utmost expeditiousness, the National Green Tribunal (NGT) Thursday directed the Union ministry of environment and forests (MoEF) to not grant any fresh environmental clearance in the area until it takes a final call on demarcation of ESAs.

The environment ministry has kept the decision on ESAs pending for nearly three years now. The order now would simply mean that until MoEF decides over ecologically sensitive zones in Western Ghats, projects like mining, quarrying, sand mining, thermal power plants, building and construction projects of 20,000 square metre area and above, township and area development projects with an area of 50 hectare and above or red category industries won't get environmental clearance.

"MoEF is expected to discharge and perform its statutory obligations expeditiously and in accordance with law. According to the affidavit of the secretary, MoEF particularly the portion as re-produced above, MoEF is considering exclusion/inclusion of certain areas from/in the ecological sensitive areas, as stated in the draft notification," observed the bench headed by NGT chairperson Justice Swatanter Kumar in the order.

"In other words, MoEF has decided to examine all aspects regarding the ecologically sensitive areas before issuing final notification. Most importantly, it has also been stated that the ministry is going to take further appropriate action inter-alia issuing fresh draft notification in that behalf," noted the bench.

The bench, while refusing to demarcate ESAs in Western Ghats, said, "it is for the ministry to take all the initiatives in relation to defining the eco-sensitive areas in the Western Ghats region and take it to its logical end by issuing final notification. The only pious hope that we express in the order is that the ministry should act with utmost expeditiousness and ensure that the interests of the States, individuals, and all stakeholders concerned are not jeopardised any longer."

The green tribunal further said that, "it will be in the interest of all the stakeholders, including MoEF, that the matters are not further complicated and third party interest are not put into jeopardy that these directions will operate to the entire eco-sensitive area of the Western Ghats and no fresh Environmental Clearance or permissions are issued by the MoEF till it issues the final notification".

NGT noted that it is duty expected of MoEF to "maintain the environmental tranquillity and ecology of the areas under consideration, in the condition as they exist today, and not to allow irreversible alteration of the areas in question by granting environmental clearance or permitting activities which would have an adverse impact on the eco-sensitive areas".

The tribunal exhorted MoEF to expeditiously decide over claims of Kerala government regarding ecological sensitive areas of Western Ghats in Kerala. It also left it on MoEF to declare the ecologically sensitive areas, state-wise or collectively, for the entire Western Ghats in all six states.

Western Ghats is one of the biodiversity hotspots in the world. Also in 2012, 39 sites of Western Ghats had made to the coveted list of UNESCO's World Heritage Sites after a sustained six-year long campaign.

In 2010, MoEF constituted an expert panel headed by Professor Madhav Gadgil to identify ESAs in Western Ghats. The Gadgil panel in its report, submitted to ministry in 2011 suggested dividing entire Western Ghats in several ecologically sensitive zones with each zone having different level of prohibition on developmental activities and also recommended large scale measures to control environmental degradation.

However, with serious objections from the concerned state governments on Gadgil report, a High Level Working Group (HLWG) headed by Dr K Kasturirangan was formed which recommended declaring 37% of Western Ghats as ecological sensitive areas. Several state governments, meanwhile, had raised objections to recommendations of Kasturirangan report too after which MoEF decide to do ground verification of all claims.