18-Jul-2022: Demarcating Buffer Zones under ESZ

Hon’ble Supreme Court by its judgment dated 3rd June 2022 in I. A. No. 1000 in Writ Petition (Civil) No. 202 of 1995, has directed that each protected forest, that is national park or wildlife sanctuary, must have an ESZ (Eco-Sensitive Zone) of minimum one kilometre measured from the demarcated boundary of such protected forest in which the activities proscribed and prescribed in the Guidelines of 9th February, 2011 shall be strictly adhere to.

Hon’ble Court has further directed that the minimum width of the ESZ may be diluted in overwhelming public interest but for that purpose the State or Union Territory concerned shall approach the CEC and MoEF&CC and both these bodies shall give their respective opinions/ recommendations before the Court. On that basis, the Court shall pass appropriate order.

Within the ESZ notified under the Environment (Protection) Act, 1986, there are activities which are prohibited, promoted and regulated as per the notification.

As per the procedure laid down for notification of ESZ, the draft proposals related to finalization of ESZ received from the State Governments are examined in the Ministry before publication. The final notification is published after examining the claims and objections received after the draft notification

The Ministry of Environment, Forest and Climate Change has published draft notification for an area of 56,825 square kilometre spread across six States, namely, Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu, as the Western Ghats Ecologically Sensitive Area recently on 6th July, 2022.

9-Feb-2022: National Highways passing through forests/wildlife sanctuaries

Some stretches or sections in about 100 National Highways are falling in or passing through forest areas declared as Wildlife Sanctuary/National Park or its Eco Sensitive Zone (ESZ).

In order to minimize the impact of highway development on wildlife, Ministry has issued instructions to implementing agencies to make all efforts to avoid any road alignment through National Parks or Wildlife Sanctuaries, even if it requires taking a longer route/bypass. However if it is absolutely unavoidable, land to be acquired is limited to a maximum right of way of 30m and all necessary clearances required under the Wildlife Protection Act 1972, Forest Conversion Act 1980 and Environment ( Protection) Act 1986, are obtained before any work is undertaken in such areas. Ministry has also mandated the implementing agencies to follow the provisions of the manual titled “Eco-Friendly Measures to Mitigate Impacts of Linear Infrastructure on Wild Life”, prepared by the Wild life Institute of India, at the planning stage itself.

Further, site-specific mitigation measures are being taken in consultation with Forest Authorities, incorporating one or more of several options as per site requirements like construction of culverts, underpass, overpass (ecoduct), viaduct, tunnel, guard wall, fencing, vegetative barrier, anti-light glare, sound barrier, etc. Funds are also provided to the concerned Forest Authorities for taking measures as per their approved Wild Life Management Plan like creation of the waterholes, site specific plantation and landscaping, animal conservation units, rescue operation, anti-poaching unit, watch tower, monitoring, awareness, involvement of locals, construction of post guard, illumination and fencing around the boundary of Protected Area (PA) or its Eco Sensitive Zone (ESZ) etc., for conservation of wildlife habitat and reduction of human animal conflict. Cautionary signboards and rumble strips are also placed in coordination with Forest Authorities to alert the public and road users and protect animals.

3-Feb-2022: Protection of ecologically sensitive areas of North-East

The Government has taken various steps for ecologically sensitive areas of the North-East through  schemes such as National Afforestation Programme, National Mission for Green India, Compensatory Afforestation, Project Tiger Scheme, Project Elephant, Forest Fire Prevention and Management Scheme , Development of Wildlife Habitat Scheme, Sub-Mission Agro-Forestry Scheme, National Bamboo Mission, etc.

The funds released for the various environment friendly development programmes/ schemes during the last 5  financial years from 2016-17 to 2020-21  is as below:

                                                                                                                                                                     (Rs. in crores)

Sl.No.	Schemes	Funds released
1	Compensatory Afforestation Fund Management and Planning Authority (CAMPA)	1084.88
2	National Afforestation Programme	110.83
3	National Mission for Green India	180.95
4	Renewable Energy	2021.33
5	Agriculture and allied activities including livelihood	744.66
6	Eco Tourism Project	47.01
7	Sub-Mission Agro Forestry Scheme	11.62
8	Restructured  Bamboo Mission  (from 2018-19 to 2020-2021)

The schemes mentioned at (c) above,  and others such as the  Pradhan Mantri Van Dhan Yojana (PMVDY) and Pradhan Mantri Kaushal Vikas Yojana (PMKVY) include the developmental activities of the tribal and other marginalised groups in the North-East.

Under the PMVDY programme of Ministry of Tribal Affairs for marketing of minor forest produce (MFP) through minimum support price (MSP) and development of value chain for MFP,  a total of 302 Van Dhan Vikas Kendra Clusters (VDVKCs) have been sanctioned in three phases and a total number of 38126 beneficiaries have been covered under 128 VDVKCs in Phase 1. 

Under the PMKVY scheme under Skill India Mission, skill development training is imparted, interalia,  to youth belonging to tribal and marginalised categories in NER.  Since its inception in 2015,  11.27 lakh candidates including around 4.46 lakh candidates belonging  to the backward communities have been trained in NE Region till 31st December, 2021.

21-May-2020: States express desire to expedite early notification of Ecologically Sensitive Area of Western Ghats.

Union Minister of Environment, Forest and Climate Change, Shri Prakash Javadekar today interacted with Chief Ministers, Cabinet Ministers & State Government Officers of six states viz, Kerala, Karnataka, Goa, Maharashtra, Gujarat and Tamil Nadu through Video Conference to discuss issues relating to notification of Ecologically Sensitive Area (ESA) pertaining to Western Ghats.

To conserve and protect the bio diversity of Western Ghats while allowing for sustainable and inclusive development of the region, Government of India had constituted a High Level Working Group under the Chairmanship of Dr. Kasturirangan. The Committee had recommended that identified geographical areas falling in the six States of Kerala, Karnataka, Goa, Maharashtra, Gujarat and Tamil Nadu may be declared as Ecologically Sensitive Areas. A draft notification was issued in October 2018 mentioning the areas to be notified in the ESA.

States were of unanimous view that looking into the importance of Western Ghats, there is need to ensure protection of the western Ghats. However, the states expressed their views as regards activities and extent of area mentioned in the said notification. It was decided that state specific issues shall be further deliberated so as to arrive at a consensus on the issue. The states expressed their desire to expedite early notification while protecting interest of ecology and environment.

1-Jan-2019: Parliamentary committee irked by States’ insensitivity to Western Ghats

Over 56,000 square kilometres of ecologically sensitive areas (ESA) in the Western Ghats could not be earmarked as ‘no-go’ zones due to State governments’ ‘insensitivity’. The panel has urged the Ministry of Environment, Forest and Climate Change to constitute a committee to address the issues and grievances of local people.

The recent monsoon floods in Kerala and parts of Karnataka should serve as alarm bells for the administrations in the States of Goa, Gujarat, Maharashtra, Kerala, Tamil Nadu and Karnataka, which have failed to mark ESA in the Western Ghats.

The panel, which keeps track of assurances given by ministers on the floor of the Upper House, presented its latest report on Monday. The panel had examined issues regarding the categorisation of the Western Ghats as ESA as per the recommendations of two committees led by Madhav Gadgil and K. Kasturirangan.

The committee has observed that despite three draft notifications issued over four years for earmarking ESA, the six States could not be brought on board for action. Resultantly, over 56,000 square km of ESA could not be earmarked as ‘no-go’ zones for polluting activities and deforestation, and large-scale deforestation, mining, and construction are continuing unabated, hurting the ecology of the Western Ghats.

Insensitivity towards ecology of the Western Ghats is making the six States vulnerable to floods and landslides. The committee is of the view that implementation of the recommendations of the Kasturirangan report is only possible with active support of local population. It also requires consultation with the State government at micro level to achieve the objectives of saving the Western Ghats.

The panel examined 62 assurances during its deliberations with various State governments and other organisations, and had visited Pune, Mumbai, Chennai and Bengaluru, before preparing its report.

9-Sep-2018: Environment Ministry issues Fresh Draft Notification on Western Ghats

The Central Government has issued a fresh draft notification dated 04.09.2015 for notifying an Eco-sensitive Zone for the Western Ghats. The fresh draft notification has been issued in supersession of the Notification dated March 10, 2014.

The earlier draft notification was issued under the provisions of the Environment (Protection) Act, 1986 for declaring an Ecologically Sensitive Area in the Western Ghats covering the six States of Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu.

While responding to the draft notification, many stakeholders and State Governments of the Western Ghats region had expressed their apprehensions and concerns with respect to Ecologically Sensitive Area in the Western Ghats.

In order to clarify these provisions stated in the draft notification and to dispel the apprehensions and concerns raised by the stakeholders with respect to provisions of the draft Notification and the concept of Ecologically Sensitive Area, the Ministry has decided in public interest to supersede the earlier draft notification with a fresh draft notification addressing these concerns/apprehensions.

It is important to mention that the extent of Ecologically Sensitive Area and the other provisions stated in the earlier draft notification remain unchanged pending the finalisation of proposals from the State Governments of demarcation of Ecologically Sensitive Area by physical verification. The main focus of the Ministry is to conserve the biodiversity of the Western Ghats region, while providing adequate opportunities for livelihood security of the local people in the broad paradigm of Ecologically Sensitive Area which is not just about regulation of development, but is intimately linked to positive promotion of environment-friendly and socially inclusive development.

The MoEF&CC clarifies that the lives of about 50 million people living in Western Ghats region will not be affected. Their agriculture and plantation will not be adversely impacted. Their normal businesses and their other activities will also not get adversely affected.

The Minister of State (Independent Charge) of Environment, Forest and Climate Change, Shri Prakash Javadekar, said, “The Government is fully committed to protecting the ecology and sanctity of Western Ghats. At the same time, the Government is determined to ensure sustainable development of the population staying in the Western Ghats region”. The importance of Western Ghats as a global biodiversity hotspot and a treasure trove of biological diversity harbouring many endemic species of flowering plants, fishes, amphibians, reptiles, birds, mammals and invertebrates need not be over-emphasized. It is also the origin of Godavari, Krishna, Cauvery and a number of other rivers of Peninsular India, upon which much of the economy of the region is dependent. Therefore, there is a need to conserve and protect the unique biodiversity of Western Ghats, while allowing for sustainable and inclusive development of the region.

3-Mar-2017: Environment Ministry couldn't bring forth the law to create Ecological Sensitive Area (ESA) in the Western Ghats

The Environment Ministry is indecisive, for the second time in three years, from bringing into force a law that will make about 56,825 sq. km of the ecologically-rich Western Ghats out of bounds for industrial development.

On February 27, the government resuscitated a draft notification that was first published in March 2014 that specified how much land in various coastal States encompassing the Western Ghats would be earmarked as practically-inviolate. Because it wasn’t made into a final law — thanks to objections from States — this lapsed in a year and a half and on September 2015, a fresh draft notification with the same numbers was reintroduced. This too would expire on March 4.

The reiterated February notification — open to public comment for 60 days — allows the Centre to create an Ecological Sensitive Area (ESA) in the Western Ghats (WG), a 1,500 km, ecologically-rich strip along the west coast spanning Gujarat, Maharashtra, Karnataka, Goa, Kerala and Tamil Nadu. Regions declared as the ESA will not be allowed to host mining and quarrying projects and building thermal power plants.

Ever since a committee headed by ecologist Madhav Gadgil recommended in 2011 that all of the Western Ghats be declared as the ESA — with only limited development allowed in graded zones— States have forced the Centre to consistently delay imposing the ESA restrictions. A committee headed by K. Kasturirangan, former ISRO chairman, recommended that only about 60,000 sq. km — or about 37% of the WG and a significant reduction from that of the Gadgil committee — be declared as ESA.

Kerala managed to get this down to about 56,825 sq. km after widespread protests and an all-party resolution in the State forced the Union Ministry of Environment and Forests (MoEF) to exclude 3,117 sq. km of settlements and agricultural land in the State from the ESA.