Nice set of questions..... a good pointer to the average mindset on the relative priority for protecting our natural wealth and biodiversity..... including ground level stake holders in the consultative process will be dream unless it gets implemented through the judiciary or its subsets.....there seems to some hope in that direction with the latest NGT directive...

Follow Gadgil Report for ECs in eco-sensitive zones: NGT to state govt, Centre | iGoa

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Roopak

Follow Gadgil Report for ECs in eco-sensitive zones: NGT to state govt, Centre


The National Green Tribunal (NGT) on Friday directed that no project can get environment clearance (EC) in areas designated as ESZ-I in the Western Ghats Ecology Expert Panel Report ...

PANAJI: The National Green Tribunal (NGT) on Friday directed that no project can get environment clearance (EC) in areas designated as ESZ-I in the Western Ghats Ecology Expert Panel Report until the recommendations of the panel, which was headed by Madhav Gadgil, have been taken into account.

The next date has been fixed for August 30 for the respondents to file their replies. "…we direct that as and when the Ministry considers the applications for granting EC in respect of other areas falling in ESZ-1, they shall take note of the WGEEP Report and take decision only in consonance with the provisions made therein," acting tribunal chairperson, Mr Justice A S Naidu directed, adding, "The State level EACs shall also adhere to the same restriction in respect of ESZ-1 zone. We adjourn this case to 30 August, 2012, for the purpose of filing replies by the respondents."

The respondents are the six states within whose jurisdiction the Western Ghats fall; six pollution control boards which may issue consents under the Air or Water Acts for activities in the areas concerned; six state level environment impact assessment authorities which may be involved in granting environment clearances for projects in

these areas and the Ministry of Environment and Forests, New Delhi.

Five NGOs that had participated in the Western Ghats march held between 1987-88 had filed the application with the NGT asking in an interim to direct the respondents not to issue any consent/environment clearance/NOC/permission under the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980

and the Biological Diversity Act, 2002 within the Western Ghats area in respect of areas which have been demarcated as ESZ1 and ESZ2 with the main prayers being to direct the respondents to discharge their obligations by exercise of the powers conferred upon them under the respective enactments mentioned in Schedule I of the NGT Act, 2010 for protection and preservation of Western Ghats in the framework as enunciated by the WGEEP in its report dated 31.08.2011.

The NGOs include Goa Foundation (Goa), Peaceful Society (Goa), Samaj Parivartana Samudaya (Karnataka), River Research Centre (Kerala) and Parisara Samrakshana Kendra (Karnataka).

The order states that "A prayer is made by all the respondents to grant them some time to file their replies. On the other hand, Mr Panjwani, Learned Senior Counsel for the

Applicant, forcefully submits that unless some interim order is passed to protect environment and ecology relating to Western Ghats, the application shall become infructuous by afflux of time. On instructions, Ms Rathore submits that no Environmental Clearance is at present granted by the Ministry so far as Goa is concerned. Considering the said submission and the contention of Mr Panjwani, we direct that as and when the Ministry considers the applications for granting EC in respect of other areas falling in ESZ-1, …."