Union Minister for Environment, Forest and Climate Change Bhupender Yadav stated that the Centre has not yet received a response from Kerala regarding the letter sent on December 23, seeking further clarification on the state's recommendations before issuing the final notification on Ecologically Sensitive Areas (ESA). Kerala's latest recommendation proposes reducing the ESA extent to 8,590.69 sq km across 98 villages, deviating from the existing draft notification. This revised proposal was based on suggestions verified by the Local Self Government Department.
Initially, a High-Level Working Group chaired by K. Kasturirangan identified 13,108 sq. km in Kerala to be declared as ESA. Later, a three-member committee formed by the Kerala government, led by Dr Oommen V. Oommen, recommended 9,993.7 sq. km across 123 villages as Kerala's ESA. Of this, 9,107 sq. km was forest land, while 886.7 sq. km was non-forest area.
The Union Ministry of Environment, Forest, and Climate Change accepted this recommendation in its first draft ESA notification of 2014. The latest draft notification, released on July 31, 2024—just a day after the Wayanad landslides—also designates 9,993.7 sq. km as ESA in Kerala. This was the sixth draft notification.
In 2018, the state government decided to propose limiting the ESA designation to protected forest areas and reserve forests, excluding inhabited areas, plantations, water bodies, and isolated forest patches. Subsequently, the Kerala State Remote Sensing and Environment Center identified 8,656.46 sq. km in 92 villages as ESA.
Later, district-level monitoring committees conducted inspections, and the ESA extent was revised to 8,711.89 sq. km across 98 villages.
In November, MP V.K. Sreekandan raised the question in Parliament about Kerala’s proposal to limit ESA designation to 8,711.89 sq. km in 98 villages, the Union government had given the response that Kerala’s latest proposal further reduced the ESA by 121.29 sq. km, based on suggestions from the Local Self Government Department. Notably, the Union government sought clarification on December 23 regarding this limiting to 8590.69 sq.km of area as ESA.
According to Yadav, Kerala’s revised proposal was deliberated by the Committee on Western Ghats ESA and clarifications had been sought on various issues flagged by this committee. The Centre has sought clarification from Kerala on eight key points including the rationale behind Kerala's recommendation for excluding parts of villages falling in 10 major Protected Areas from the proposed Western Ghats Ecologically Sensitive Area (WGESA). The Union government noted a 2006 order from Supreme Court to say that in case an ecologically sensitive zone around a protected area is not notified, the area falling within 10km from the boundary of PA will be considered as default ESZ. The state has been asked to clarify as why the exclusion is proposed for areas falling within 10km of protected areas.
Kuriakose has raised the contention that Kerala government’s delay to respond to the Centre’s December 23 letter is a matter of concern. He emphasised that a well-reasoned response to these questions is essential before the final notification is issued, warning that any delay or lack of justification could lead to setbacks.
Sources told THE WEEK that the responses to the Centre’s queries are ready and are currently under the state government’s consideration for final approval. Officials admit that addressing the Centre’s questions was challenging. The proposed clarifications argue that when an Ecologically Sensitive Zone (ESZ) is already designated in an area, an overlapping Ecologically Sensitive Area (ESA) is unnecessary, as it could create confusion not only for the public but also for the government machinery. Additionally, the clarification asserts that ESAs and ESZs should not be treated as identical, justifying the exclusion of villages located within 10 km of protected areas.
