The National Green Tribunal on Thursday put the ball of Western Ghats in the court of the Ministry of Environment and Forests (MoEF), saying that it should expeditiously decide on the issue of exclusion or inclusion of Ecologically Sensitive Areas (ESAs) in Western Ghats region.
The bench headed by NGT chairperson Justice Swatanter Kumar in its 15-page-judgement said it will be in the interest of all the stakeholders, including MoEF , that the matters are not further complicated and no fresh Environmental Clearance or permissions are issued by the MoEF till it issues the final notification.
It also held that the direction issued under Section
5 of the Environment (Protection) Act, 1986 on November 13, 2013 for providing immediate protection to the Western Ghats and maintain its environmental integrity would apply as stated in the affidavit.
“In view of the affidavit filed by the Secretary, MoEF, we are of the considered view that there is no occasion for the Tribunal to keep this main and other applications pending any longer. MoEF is expected to discharge and perform its statutory obligations expeditiously and in accordance with law,” it said.
The bench, however, said it will be open to the MoEF to declare the ESAs, State-wise or collectively, for the entire Western Ghats.
“We are of the considered view that it is not for this Tribunal to pass any anticipated orders or to provide any limitations in the exercise of statutory power vested in the Ministry in terms of the Act of 1986. 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 bench said.
With this, the tribunal disposed of the plea filed by two NGOs —Goa Foundation and Peaceful Society that had filed petition before the Tribunal seeking that authorities be restrained from granting nod to new projects in the Western Ghats region.
Terming the Western Ghats as “hotspots of biodiversity”, the petition had stated that the region is home to the largest global populations of the Asian elephant besides tiger.