In the wake of a devastating landslide in Kerala’s Wayanad that claimed nearly 300 lives, the Indian government has issued a fresh draft notification to designate approximately 56,825 square kilometers of the Western Ghats as an Ecologically Sensitive Area (ESA). This move aims to enhance the protection and conservation of the ecologically vital region.
The latest draft, released on Friday, comes after several revisions of a long-pending notification, with the last draft issued in July 2022. The Ministry of Environment, Forestry, and Climate Change (MOEFCC) has constituted a five-member committee to address issues raised by states and discrepancies in the names and areas of villages included in the ESA.
“Our aim is to get the draft notification finalised as soon as possible,” said Dr. Sanjay Kumar, former Director-General of Forests and head of the expert committee. “We have a 60-day period for seeking suggestions, following which we will submit our recommendations to the environment ministry to take the final call. What happened in Kerala was very unfortunate, and we should try to finalise the notification as soon as possible. The process has been stuck for over 12 years.”
The committee’s mandate includes creating a framework that balances the conservation needs of the disaster-prone region with the rights, privileges, needs, and developmental aspirations of local communities. Multiple meetings with state governments have been held to finalize the details. “It is important that the information given by the state governments should have a strong scientific basis. There are a lot of misconceptions regarding the draft notifications which need to be addressed,” added Kumar.
Final Notification Likely After September
The National Green Tribunal (NGT) has ordered a timeline for finalizing the long-pending notification, which has been in consultation since the Western Ghats Ecology Expert Panel (WGEEP) first submitted its report in August 2011. The WGEEP, led by Prof. Madhav Gadgil, recommended that the entire Western Ghats region, covering about 1,29,000 square kilometers, be declared an ESA. Later, a High-Level Working Group (HLWG) headed by Dr. K. Kasturirangan in April 2013 identified around 37% of the Western Ghats (59,940 sq. km) as ecologically sensitive.
The initial draft notification was issued on March 10, 2014, followed by multiple drafts in subsequent years. The most recent draft, before this new one, was released in July 2022. The latest draft proposes nearly 56,825.7 sq. km of area, including both forest and non-forest land, across six states: Kerala (9993 sq. km), Karnataka (20,668 sq. km), Tamil Nadu (6914 sq. km), Maharashtra (17,340 sq. km), Goa (1,461 sq. km), and Gujarat (449 sq. km). The final area will be determined based on state recommendations, stakeholder views, and the ESA Expert Committee’s inputs. The draft specifies that the provisions will not affect property ownership, and monitoring and enforcement will remain the responsibility of state governments.
Implications of the Final Notification
Once the Western Ghats are officially designated as an ESA, stringent restrictions will be imposed to safeguard the region. There will be a complete ban on mining, quarrying, and sand mining, with existing mines to be phased out within five years or upon the expiry of their leases. No new thermal power projects or expansions of existing plants will be permitted.
Additionally, all new ‘red’ category industries, as classified by the Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB), and the expansion of existing ‘red’ category industries will be prohibited. Existing ‘red’ category industries, including healthcare establishments, will continue to operate under applicable rules and regulations.
Stretching over 1,500 kilometers from Gujarat to Kanyakumari in Tamil Nadu, the Western Ghats is a global biodiversity hotspot and the origin of several major rivers, including the Godavari, Krishna, and Cauvery. It traverses six states—Gujarat, Maharashtra, Goa, Karnataka, Kerala, and Tamil Nadu—and is part of the UNESCO World Natural Heritage List.
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