TAG: GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: The Western Ghats, a UNESCO World Heritage site, is one of the world’s eight “hottest hotspots” of biological diversity. Given its ecological significance, the National Green Tribunal (NGT) has intervened to accelerate the process of declaring the Western Ghats as an eco-sensitive zone (ESZ).
EXPLANATION:
- This directive came in response to ongoing environmental concerns, particularly regarding unauthorized construction and mining activities in the region.
Background of the Case
- The case that brought the Western Ghats into focus was initiated by a resident of Trimbakeshwar, a town located near Nashik, Maharashtra.
- Concerned about environmental degradation due to construction, mining, and hill-cutting activities in the Brahmagiri hills, she, along with her legal representatives, approached the NGT in August 2023.
- The Brahmagiri hills are an ecologically and culturally significant region as they are the source of the Godavari River and host rich biodiversity, tribal communities, and sacred groves.
- Additionally, Trimbakeshwar is a site of immense religious importance, being the location of the Kumbh Mela, held every 12 years.
Formation of a Joint Committee
- In response to the petition, the NGT directed the Nashik district administration in January 2024 to form a joint committee to investigate the allegations.
- This committee, comprising district collectors, members of the Nashik forest department, and representatives from the Trimbakeshwar Municipal Council, was tasked with surveying the region and assessing the legality of ongoing construction activities.
Committee Findings and Subsequent Disputes
- The joint committee submitted its findings in March 2024, concluding that all construction activities were legal, having received permissions from the Trimbakeshwar Municipal Corporation.
- However, legal team objected to the report, pointing out that the survey did not thoroughly examine whether the permissions had been appropriately vetted by the forest department.
- They also highlighted the failure of the committee to address the extensive illegal mining and sand extraction activities at the foothills of the Brahmagiri hills.
- The applicant argued that much of the area surveyed was forest land, and the committee did not conduct a proper inquiry into the environmental impact of the construction and mining activities.
- This prompted the NGT to consider the broader issue of whether the Western Ghats, including the Brahmagiri region, should be declared an eco-sensitive zone to prevent further environmental damage.
Reference to the Gadgil Committee Report
- The NGT was informed of the recommendations made by the Gadgil Committee, led by the eminent environmentalist Madhav Gadgil.
- The committee had suggested that a 1,500 square kilometer area in the Western Ghats, including 14 villages from Trimbakeshwar and the entire Brahmagiri region, be declared an eco-sensitive zone due to their rich natural resources and unique biodiversity.
- The Gadgil Committee’s report has been a pivotal document in advocating for the protection of the Western Ghats.
- The report emphasized the need for stringent conservation measures to preserve the region’s ecological integrity and prevent the unregulated expansion of developmental activities.
Delay in Finalizing the Eco-Sensitive Zone Notification
- Despite the Gadgil Committee’s recommendations and the critical ecological importance of the Western Ghats, the Ministry of Environment, Forest and Climate Change (MoEF&CC) has not yet finalized the draft notification to declare the region as an eco-sensitive zone.
- The draft notification, proposed in 2022, remains in limbo, leading to concerns about the continued environmental degradation in the region.
- Advocate representing the petitioner, emphasized that the delay in finalizing the eco-sensitive zone status leaves the Western Ghats vulnerable to further ecological damage.
- He argued that establishing a clear timeline for finalizing the notification is crucial to ensuring the region’s protection.
NGT’s Directive
- The NGT, recognizing the urgency of the matter, directed the MoEF&CC to set a specific timeline for finalizing the eco-sensitive zone notification for the Western Ghats.
- The tribunal underscored the importance of expediting the process to safeguard the region from ongoing and future environmental threats.
- The court also noted that if the Brahmagiri hills are officially declared an eco-sensitive zone, it would provide a legal framework to prevent further detrimental activities, such as construction and mining, which are currently being contested.
National Green Tribunal (NGT)
- It is a specialised body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
- With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
- NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
- The NGT has five places of sitting, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.
