What is not final is the governmental policy decision on the aspects to which the Western Ghat report submitted by Prof Gadgil panel relates, the High Court said

The Delhi High Court, while upholding the order passed by Shailesh Gandhi, Central Information Commissioner (CIC), has asked the ministry of environment and forest (MOEF) to publish the report by Western Ghats Ecology Expert Panel (WGEEP) on its website.

“There is no reason for the petitioner (the government) to entertain the apprehension that the disclosure of the WGEEP report, at this stage, would impede the decision making process and also would adversely affect the scientific or economic interests of the states. The broad-based participative process of debate would, in fact, help the MOEF and the concerned states in arriving at a policy decision, which is in the larger interest and for public good,” justice Vipin Sanghi said in an order dated 17 May 2012.

Last month, the CIC passed an order asking the government to provide an attested copy of the summary of the WGEEP report and the report on the Athirappilly Hydro Electric Project in Kerala to G Krishnan. Mr Gandhi, the CIC, also asked the MOEF to place the WGEEP report in the ministry’s website before 10 May 2012.

The government then filed a petition in the high court against the decision of the CIC. 

The MOEF constituted an expert panel on 4 March 2010 called the WGEEP under the chairmanship of Prof Madhav Gadgil. The expert panel had 13 members. The expert panel was constituted in recognition of the fact that the Western Ghats is one of the 34 global biodiversity hotspots, and is considered environmentally sensitive and ecologically significant.

Appearing for the government, Indira Jaising, Additional Solicitor General (ASG) submitted that before the recommendations of the WGEEP panel are accepted by the central government, the views of different states that are likely to be affected are required to be considered. “If, at this stage, the WGEEP panel report is made public, even before obtaining and considering the views of the affected states, there would be a spate of applications seeking notification of certain areas as ecologically sensitive, based on the recommendations contained in the WGEEP report,” she said.

Earlier, while passing an order, the CIC had said, “The disclosure of the WGEEP report would enable citizens to voice their opinions with the information made available in the report. Such opinions will be based on the credible information provided by an expert panel constituted by the government. This would facilitate an informed discussion between citizens based on a report prepared with their/public money. MOEF’s unwillingness to be transparent is likely to give citizens an impression that most decisions are taken in furtherance of corruption resulting in a serious trust deficit.”

Justice Sanghi, in his order, said, “Having considered the submissions of the learned ASG and perused the record including the impugned order, I am of the view that there is no merit in this petition, and I am inclined to agree with the reasoning adopted by the learned CIC for allowing the respondent’s appeal and directing disclosure of the WGEEP report prepared by Prof Madhav Gadgil committee and panel.”

The public information officer (PIO) and the MOEF had tried to maintain that the report submitted by the Prof Gadgil panel is not final. However, the HC said the panel has submitted its report and now it is for the MOEF to act on it in consultation with affected states.

“If there are any shortcomings or deficiencies in the said report, inter alia, for the reason that the same is based on incomplete or deficient data, or for any other reason, the said factor would go into the decision-making process of the MOEF and the concerned states. But it cannot be said that the said report is not final. What is not final is the governmental policy decision on the aspects to which the WGEEP report relates. The said report is one of the ingredients, which the MOEF and the concerned states would take into consideration while formulating their policy in relation to the Western Ghats ecology,” justice Sanghi said.
 
The Western Ghats have complex inter-state character as they are spread across an area of about 1.29 lakh sq km, in Tamil Nadu, Kerala, Karnataka, Goa, Maharashtra and Gujarat. There are apprehension in the government that the recommendations of the WGEEP would influence many sectoral activities, such as agricultural land use, mining industry, tourism, water resources, power, roads and railways.