**"Report of the Western Ghats Ecology Expert Panel - Part I - 11. Existing ESZs: Lessons Learnt :-" 5. Continued

Opinion
   25/09/2018
            1419.

**"Report of the Western Ghats Ecology Expert Panel - Part I - 11. Existing ESZs: Lessons Learnt :-" 5. Continued

SUB :- 11.5. Suggestions for making the HLMC more effective : -
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*A. Suggestions specific to Mahabaleshwar-Panchgani ESZ (MPESZ) :-
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1 The ‘forest alike areas’ surveyed as per Supreme Court orders are to be treated as deemed forests. HLMC has requested MoEF to give specific instructions to the state government as to how permissions for development on such identified spots should be given, keeping in mind the fact that those who protected forests on their plot should not be penalized and they should at least get the FSI normally available on such a plot without getting into the long procedure of approaching MoEF with a management plan. HLMC should be given powers to consider all applications pertaining to such plots to avoid hardship to owners.

2 The Zonal Master Plan (ZMP) would not be complete unless maps of forest surveys are integrated into the plan. In order not to delay final publication of ZMP, it is suggested that such maps could be put on to websites to begin with. Subsequently certified maps can be made available in the offices of the Tahsildar, chief officers, Forest Department, Collector and the interpretation centres.

3 The State Tourism Department was mandated to prepare the tourism master plan which is to be treated as a subzonal plan, after approval by MoEF and Ministry of Tourism, GOI. Despite the lapse of 8 years, work has not begun and the matter needs to be taken up at the highest level of state government.

4 For want of budgetary provisions, the HLMC is unable to appoint consultants for various measures like the transport and traffic plan, conservation and awareness drives etc. The MoEF should direct the state government to provide funds specifically to the HLMC for this purpose. In addition MoEF can consider giving matching grants. It would be a nice idea to start with at least 1% of the District Planning and Development Council (DPDC) budget. Moreover, the funds from the Krishna Valley Action Plan and Hill Area Development Plan, etc., should be utilised for projects which enhance the eco-sensitivity of the ESZ.

*B. General suggestions for all HLMCs.:-

*1 Composition and tenure: The tenure of 2 years is too short for the HLMC to complete its task. It is suggested that the tenure should be at least 3–5 years.
Report of the WGEEP 2011

The representation of non-official members should be increased to include experts in the fields of biodiversity, geophysics, hydrology, socio-economics, as well as local representatives preferably through an NGO. Since tourism is one of the engines of growth in hill areas, an expert on eco-tourism should also be included. It would be appropriate in the MPESZ to make the Managing Director (MD) of the Krishna Valley Development Corporation a member of the HLMC.

The HLMC need not be too large and some government offices could be excluded e.g. Director of Municipal administration who is not concerned with ecological issues. Similarly the Secretary of Environment is unable to attend and is always represented through the Pollution Control Board who are members in any case.

*2 Powers to take punitive actions: Powers under section 5 of EPA (1986) should be given to the HLMC to take quick and effective action against offenders.
The recommendations of the Central Empowered Committee (CEC) in I.A No. 659 and 669 of 2001 in Writ Petition (Civil) No. 202 of 1995 at page 9, para ii) are as follows-
‚The Monitoring Committee set-up under the notification has been given powers only under section 19 of the Environment (Protection) Act, 1986, to file complaints. Power u/s 5 and 10 of the said Act should also be given, as has been given to similar other authorities such as the Coastal Zone Management Authorities, etc. These powers would permit a smother and better functioning of the Monitoring Committee.”

*3 Finance: The HLMC is provided with no funds at all, either by central or state governments. As a result, it is unable to take up special projects, consultancies, awareness drives or environmental research. In fact most of the non-official members spend their own money and other resources to carry on the work of the HLMC.

*4 Co-ordination: For better coordination it is suggested that MoEF should regularly hold workshops for non-official members of all HLMCs, concerned state environment secretary, proposed WGEA authority, MoEF and other national and international experts.

*5 Execution: It is found generally that except the Collector who is also the Member Secretary of HLMC, other government officials who are members do not regularly attend meetings. Our present experience shows that the local authorities do not take the directions of the HLMC seriously. The state governments show benign neglect, at best. There is a need to give directions to speedily comply with all HLMC decisions. The concerned state departments should regularly monitor the implementation and enforcement of HLMC decisions.

*C. Proposed Western Ghats Ecology Authority :-
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We appreciate that the Chairman of WGEEP has made efforts to take cognizance of the difficulties faced by HLMCs in their functioning. Due to the brief tenure of the WGEEP, it was not possible for HLMCs to participate in the deliberations of the WGEEP.

As and when the Western Ghats Ecology Authority is constituted, it would be useful to set up a mechanism to involve concerned HLMCs for continuous interaction with the Authority. Besides HLMC’s answerability to MoEF, their functioning should be under the overall supervision of the WGEA. Since the jurisdiction of WGEA is large, it would be difficult for the Authority to monitor development at the micro-level. As such it is recommended that administrative units like the HLMC be set up in identified ESZs. The WGEA should include NGOs, tourism and socio-economic experts in addition to technical experts.

To be continued ..

OPINION :-

1. BHARATHAM IS BLESSED WITH NATURE, AND THE DUTY OF CITIZENS TO PRESERVE THEM;

2. CITIZENS MUST BE VIGILANT, AND KEEP AWAY FROM ENEMIES OF NATURE SUCH AS VARIOUS MAFIA GROUPS SUPPORTED BY POLITICAL PARTIES;

3. ANY DISTURBANCE TO THE NATURE BY THE ABOVE SAID DEMONS, CITIZENS INFORM THE AUTHORITIES, FOR PREVENTION IN TIME.

JAIHIND
VANDEMATHARAM