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2020 Supreme(Online)(NGT) 172
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice S. P. Wangdi, J, Dr. Nagin Nanda, ACJ
Goa Foundation – Appellant
Versus
Union of India – Respondent
Execution Application No. 19/2019 IN O. A. No. 597/2018
For the Appellants/Petitioners: Mr. Saurabh Rajpal
For the Respondents: Mr. K.K. Singh
Timely compliance with environmental protection directives is crucial, and failures may lead to strict consequences for officials involved.
Headnote:(A) Environment (Protection) Act, 1986 - Focus on ecological protection of Western Ghats as per relevant notifications - Previous orders highlighting compliance timelines - Directives from Tribunal concerning the necessity of completion by specific deadlines. (Paras 1-3)
(B) Delay in compliance considered unacceptable - When draft notifications affect environmental integrity, thorough review mandated to ensure sound decisions. (Paras 4-5)
Facts of the case:
The Applicant, Goa Foundation, sought remedial measures for protecting the ecology of the Western Ghats, an area facing significant environmental concerns, as per prior notifications under the Environment (Protection) Act, 1986.
Findings of Court:
The Tribunal reinforced deadlines for compliance, emphasizing the need for timely action to finalize the notification related to eco-sensitive zones.
Issues: The essential issues revolved around compliance with regulations regarding eco-sensitive areas and the timely realization of protective steps for Western Ghats.
Ratio Decidendi: The court reiterated the importance of adhering to timelines for compliance in environmental protection matters and imposed consequences for further delays.
Result: Directions to expedite compliance and finalize notifications to protect the environment by prescribed deadlines.
| Table of Content |
|---|
| 1. ecological protection measures are critical. (Para 1 , 2 , 3) |
| 2. compliance and accountability are essential. (Para 4 , 5) |
| 3. delay in compliance is unacceptable. (Para 6) |
ORDER
1. The issue for consideration is the remedial steps for protection of ecology of Western Ghats, which is an eco-sensitive area within the meaning of the relevant notification under the Environment (Protection) Act, 1986 . The need for safeguarding such erosion has been highlighted inter alia in T.N. Godavarman Thirumulpad v. Union of India & Ors. (2012) 3 SCC 277 and M.C. Mehta v. Kamal Nath and Ors. (1997) 1 SCC 388. Since the notifications have validity period and fresh exercise has to be undertaken periodically, the Ministry of Environment, Forest and Climate Change (MoEF&CC) appointed High Level Working Group (HLWG) (Dr. K. Kasturirangan Committee). The said Committee gave its report which was accepted in principle by the MoEF&CC. The recommendations were for excluding some area from the eco-sensitive area. There is demand for more and more exclusion by those who claim the need for ‘development’ while need for ‘environment protection’ does not allow acceptance of such demands. This aspect needs to be finalized and has been pending consideration for the last about eight years.
2. The matter has been earlier considered on several occasions in the light of earlier order dated 08.09.2017 in OA 26/2012, Goa Foundation v. Union of India. The Timeline laid down in the earlier order, for compliance, was extended vide order dated 24.08.2018. Vide order dated 22.11.2019, the Tribunal observed:
“4. Since the above timeline were not adhered to, the present application was filed on 07.05.2019. The Tribunal sought a report about the status of compliance from MoEF&CC. Thereafter on 03.09.2019, it was observed that the State of Gujarat has not furnished its response which was the cause of delay. The matter was listed for today to consider the progress.
5. The Advisor, ESZ Division, MoEF&CC is present in person and states that the matter is being processed and will be positively finalized before 31.03.2020.
6. Having noted the earlier delay and violation of undertaking given to this Tribunal and need for speedy finalization of the notification, we direct that if there is a further default and beyond 31.03.2020, the Advisor, ESZ Division will not be entitled to salary till compliance. We further direct that the draft notification will be deemed to the final notification from 01.04.2020.”
3. In pursuance of the above, an additional affidavit has been filed by the MoEF&CC on 19.03.2020 as follows:
“6. That in compliance to the above said Order of this Hon’ble Tribunal, the submissions of all the States have been examined keeping in view the recommendations of the HLWG. The analysis of the response from the States, inter-alia, reveals the following:
i. That there is a concern of the States about prohibition of certain activities having implications on medical care, health care and education;
ii. That there is concern of States about certain areas within proposed notification that have since the time of submission of Gadgil Committee report and HLWG, undergone demographic, infrastructural changes. The HLWG report, published in 2012 was based on Census 2001, whereas in the intervening period Census 2011 is available and Census 2021 is due;
iii. The States have, therefore, excluded certain areas that are otherwise included in the draft notifications and HLWG report. However, some of the States have proposed new areas, in lieu of the proposed exclusions to compensate the overall area for ESA;
iv. Overall matrix of response by the States is as under:
*inclusion and exclusion does not match with the proposed area.
** calculated based on the information furnished. Proposed to include 69 villages and exclude 37 villages.
***calculated based on the information furnished by the States.
7. That the Government of Karnataka has recently, vide letter dated 20th January, 2020, re
