“All that we can direct is that this matter should also be dealt with by the MoEF with utmost expeditiousness. It will be open to the MoEF to declare ecologically sensitive areas, State-wise or collectively, for the entire Western Ghats which is relatable to all six states afore-indicated,” the order says while disposing of the case.
However, the tribunal stressed out that “it is the duty expected of the MoEF to maintain environmental tranquility and ecology of the areas under consideration, in the condition as they exist today, and not to allow irreversible alteration of the areas in question by granting Environmental Clearance or permitting activities which would have an adverse impact on the eco-sensitive areas.”
Pointing out that the ministry in its affidavit has said that it was going to take appropriate action “inter-alia issuing fresh draft notification in that behalf” the tribunal said that they are of the considered view that it is not for them to pass any 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.”
However the tribunal said that it hoped that the Ministry should act with utmost expeditiousness and ensure that the interests of the states, individuals, and all concerned stakeholders are not jeopardised any longer. “It will be in the interest of all the stakeholders, including MoEF, that the matters are not further complicated and third party interest are not put into jeopardy and that these directions will operate to the entire eco-sensitive area of Western Ghats and no fresh Environmental Clearance or permissions are issued by the MoEF till it issues the final notification in terms of section-3 of the Act of 1986,” the order stated.
