22 hrs ago

NGO Says ESA Resolutions Cannot Function as Exclusion Orders

NGO Says ESA Resolutions Cannot Function as Exclusion Orders
Local bodies resolutions on ESA can’t be portrayed as exclusion orders: NGO · theprint.in

An environmental group sent a legal notice to the Government of Kerala.

The group is concerned about local resolutions related to protected areas in the Western Ghats.

It says these resolutions should not automatically remove any area from environmental protection.

Instead, they should be treated as requests, objections or recommendations.

The group said decisions must follow environmental law and scientific evidence.

It also asked officials to keep records of how decisions are made.

If illegal activities cause environmental harm, the responsible people or organizations may have to pay for repairs.

The group said it may seek help from courts or environmental authorities if necessary.

Key facts

Organization
Animals and Nature Ethics Community Trust (ANEC Trust)
Recipient
Government of Kerala
Issue
Treatment of Grama Panchayat resolutions concerning the Western Ghats ESA draft notification
Requested description
Local resolutions should be identified as representations, recommendations, objections or requests
Records to preserve
Minutes, notices, agendas, correspondence, emails, maps, GIS material, representations and expert reports
Potential liability
Responsible persons or entities may be liable for environmental compensation, restoration, remediation and recovery
Possible forums
Competent authorities, audit authorities, the National Green Tribunal and the High Court of Kerala

Quotes

Animals and Nature Ethics Community (ANEC) Trust

Kochi-based environmental conservation NGO that issued the legal notice

“The Western Ghats ESA process must therefore proceed through law, science, transparent public participation and accountable decision-making — not through representations being subsequently treated as statutory exemptions.”
theprint.in
“Any local representation must be accurately described as a representation, recommendation, objection or request to the competent authority.”
theprint.in

Sources

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