Ecologically Fragile Land/ Ecologically Sensitive Area

Ecologically sensitive area is the area which have been notified by the Ministry of
Environment, Forests and Climate Change (MoEFCC), as areas around the Wildlife
Sanctuaries, National Parks and Protected Areas as requiring more protection due to
their fragility. 
Eco-Sensitive Zones or Ecologically Fragile Areas are areas within 10 kms around Protected
Areas, National Parks and Wildlife Sanctuaries. In case of places with sensitive corridors,
connectivity and ecologically important patches, crucial for landscape linkage, even area
beyond 10 km width can also be included in the eco-sensitive zone.
Ecological sensitivity is defined as the imminent possibility of:
(a) Permanent and irreparable loss of extant life forms from the world; or
(b) Significant damage to the natural processes of evolution and speciation.
Objectives (Need to -

 To manage and regulate the activities around these areas with the intention of
creating some kinds of ‘shock absorbers’
 To provide a transition zone between the highly protected and relatively less
protected areas.
 To give effect to Section 3(2)(v) of the Environment Protection Act, 1986 which
restricts the operation of industries or processes to be carried out in certain areas or
to maintain certain safeguards to operate industries.
There are thirteen principal parameters of ecological sensitivity which falls into three broad
categories of ecological significance. The first of these categories is species related, and
defines the characteristics of species which are or may become threatened with extinction.
The second category relates to ecosystems. Some of these derive their importance from
being essential to the survival of the first category, while the rest are critical for maintaining
the range and pace of evolution and speciation. The third category includes geo-
morphological conditions which are known to have substantial effect on eco-systems at
large.
In addition to these primary criteria, it has also identified seven auxiliary criteria, which
though less compelling than the primary criteria, nevertheless require consideration in view
of our insufficient state of knowledge and ecological understanding.

Auxiliary Criteria
Species based
1. Areas or centres of less known food plants
Ecosystem based
2. Wetlands
3. Grasslands
Geo-morphological features based
4. Upper Catchment areas
5. Not so Steep Slopes
6. High Rainfall Areas
7. Other uninhabited Islands
THE KERALA FORESTS (VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS)
ACT, 2003
It is an Act to provide for the vesting in the Government of ecologically fragile lands in the
State of Kerala and for the management of such lands with a view to maintaining ecological
balance and conserving the bio-diversity.
This Act aims at transferring to and vesting in the Government the ownership and
possession of all ecologically fragile lands held by any person in order to minimize the
degradation of these ecosystems and their biological diversity.The Government shall have
the right to declare any land to be ecologically fragile land which shall be deemed to be
reserved forests according to the provisions of this Act.The Act provides for the constitution
and functions of an Advisory Committee which shall be responsible for identifying
ecologically fragile lands which shall then be managed by Forest Departments.The Act
further makes provisions for the following: demarcation of boundaries of the ecologically
fragile lands; compensations of vesting; constitution of tribunals for the purpose of this Act
and settlement of disputes; etc.
Ecologically fragile land will vest with the government and it will be notified in the gazette.
Besides, the owner shall be informed in writing by the custodian and the notification shall
be placed before the Advisory committee constituted under section 15 for perusal.
Sec 4. Power to declare Ecologically Fragile Lands. : The government may declare an area as
eco sensitive area on the recommendation of the advisory committee. But it can declare so,
only after providing 30 days notice to the owner to hear him. During the notice period no
person shall change the legal or physical status or ownership of the land proposed to be
declared as an ecologically fragile land. From the date of declaration of any land as
ecologically fragile land, the ownership and possession of the land or any other form of right
over it, shall subject to the provisions of this Act, stand transferred to and vested in the
Government free form all encumbrance and the right, title and interest of the owner or any
other person thereon shall stand extinguished from the said date. Such land can be consider
as reserved forest.
Sec 8 : Compensation of vesting.- In respect of the land vested under sub-section (4) of
section 4, the owner thereof shall be eligible for compensation of the said land including the
permanent improvements thereon. No compensation shall be payable for the vesting in the
Government of any ecologically fragile land or for the extinguishment of the right, title and
interest of the owner or any person thereon under sub-section (1) of section 3.The
compensation payable under sub-section (1) and the mode of payment shall be determined
in such manner as may be prescribed.
Constitution of Tribunals under the Act: The Tribunal shall be a Judicial Officer not below the
rank of a District Judge. The Tribunal shall decide all matter within its competence and may
review any of its decisions in the event of there being an error on the face of the record or
correct any arithmetical or clerical error therein.
Sec 10. Settlement of disputes by the Tribunal.- (1) Where any dispute arises as to
whether,-
(a)any land is an ecologically fragile land or not; or
(b)any ecologically fragile land or portion thereof has vested in the Government or
not; or
(c)the compensation determined under section 8 is insufficient or not, the person who
claims that the land is not an ecologically fragile and or that the ecologically fragile land has
not vested in the Government, or that the compensation is not sufficient, may, within five
years from the date of commencement of this Act or within six months from the date of the
notification under sub-section (1) of section 4 declaring the land to be an ecologically fragile
land or the date of communication of compensation under section 8, as the case may be, or
within such time as the Government may notify in this behalf, apply to the Tribunal for
settlement of the dispute.
(2) An application under sub-section (1) shall be in such form and contain such particulars
as may be prescribed.
(3) If the Tribunal decides that any land is not an ecologically fragile land or that an
ecologically fragile land or portion thereof has not vested in the Government and,-
(a)no appeal under section 11 has been preferred against the decision of the Tribunal
within the period specified therein; or
(b)such appeal having been preferred under section 11 has been dismissed by the High
Court; the custodian shall, as soon as may be, after the expiry of the period referred to in
clause (a) or, as the case may be, after the date of the order of the High Court dismissing the
appeal, restore possession of such land or portion as the case may be, to the owner of
such land.
(4) If the Tribunal decides that the compensation determined under section 8 is not
adequate and revises the amount of compensation and,-
(a)no appeal under section 11 has been preferred against the decision of the Tribunal
within the period specified therein; or
(b)such appeal having been preferred under section 11 has been dismissed by the High
Court; the custodian shall, as soon as may be, after the expiry of the period referred to in
clause (a) or, as the case may be, after the date of the order of the High Court dismissing the
appeal, pay such compensation to the owner of such land.
Power of Tribunal.- The Tribunal shall, for the purpose of exercising any power conferred by
or under this Act, have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
(a)summoning and enforcing the attendance of any person and examining him on oath;
(b)requiring the discovery and production of any document;
(c)receiving evidence on affidavit;
(d)issuing commission for the examination of witnesses or for local investigation;
(e)inspecting any property or thing concerning which any decision has to be taken;
(f)requisitioning of any public record or copy thereof from any Court or office; and
(g)any other matter which may be prescribed.
Advisory committee:
It identifies the lands which are ecologically fragile and recommended to Government the
said lands for declaration as ecologically fragile lands.
Sec 16-Ecologically fragile lands to be managed by Forest Department as per management
Plants.- (1) All ecologically fragile lands vested in the Government shall be managed by the
Forest Department in accordance with the provisions of the management plans approved by
the Government from time to time.
(2) the management plans shall be prepared in accordance with the guidelines issued from
time to time by the State Government and the Government of India for the preparation of
Working Plans and Management Plans for the reserved forest areas and protected areas
with a view to,-
(i) conserving natural resources;
(ii) arresting depletion and degradation of flora and fauna;
(iii) improving productivity and sustainability; and
(iv) maintaining ecological balance in the ecologically fragile lands: Provided that the
management plans prepared under his sub-section shall be such as to retaining the rights of
the local Scheduled Tribe Communities regarding their means of livelihood.
SAND MINING
Sand is one of the most consumed substance after water, being used in virtually every
construction or manufacturing process, even used as an ingredient in toothpaste.
Sand mining impacts:
Negative effects on the environment are unequivocal and are occurring around the world.
The lack of proper scientific methodology for river sand mining has led to indiscriminate
sand mining while weak governance and corruption have led to widespread illegal mining.
The lack of adequate information is limiting regulation of extraction in many developing
countries. Access to data is difficult, and data are not standardised. The volume being
extracted is having a major impact on rivers, deltas and coastal and marine ecosystems,
sand mining results in loss of land through river or coastal erosion, lowering of the water
table and decreases in the amount of sediment supply. Extraction has an impact on
biodiversity, water turbidity, water table levels and landscape and on climate. There are also
socio-economic, cultural and even political consequences. The problem is now so serious
that the existence of river ecosystems is threatened in a number of locations, damage being
more severe in small river catchments. The same applies to threats to benthic ecosystems
from marine extraction. In some extreme cases, the mining of marine aggregates has
changed international boundaries, such as through the disappearance of sand islands in
Indonesia.
Sand and gravel mining also has also climate impact. It has a direct impact through
greenhouse gas emissions from both the extraction process itself and the transport,
sometimes over long distances of the mined materials. It also has an indirect impact from
the production of cement for use in concrete together with sand and gravel: for each tonne
of cement, an average of 0.9 tonnes of carbon dioxide are produced. Emissions of 1.65
billion tonnes of carbon dioxide were estimated from cement production in 2010 alone
(about y 5% of total greenhouse gas emissions) and total carbon emissions from cement
amount to about 30 billion tonnes of carbon dioxide.
The absence of global monitoring of aggregates extraction undoubtedly contributes to the
gap in knowledge, which translates into a lack of action.
Sand mafias are a particular problem in India.
Sand is classified as a “minor mineral”, minor mineral means building stones, gravel,
ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other
mineral which the Central Government may, by notification in the Official Gazette, declare
to be a minor mineral; as defined under Section 3(e) of The Mines and Minerals
(Development and Regulations) Act, 1957 (MMDR Act)
Under the MMDR Act, the legal and administrative control over minor minerals vests with
the State Governments. They have the powers to make rules to govern minor minerals.
The policies of the State, rules and regulations thereof, shall be dependent upon the
objectives, demand-supply assessment and alternatives available for natural sand.
Objectives of the State drive the policy formulation for sand mining. States define their own
objectives for the sand policy depending upon factors such as demand supply situation in
the State, resources available in terms of manpower and related infrastructure and revenue
targets of the State. Based on analysis of the policies of the States, it can be interpreted that
while some States aim to maximize revenues from sand resources e.g. Haryana, Gujarat,
Karnataka, Punjab, Uttar Pradesh, Uttarakhand, Assam, Maharashtra and Rajasthan, others
aim to keep the sand prices controlled for the public and they are ready to forego potential
revenue from sand e.g. Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Tamil Nadu.
There are few States that are earning reasonable amount of revenues from sand and at the
same time keeping the pricing controlled for the public e.g. Telangana
The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
An Act to protect river banks and river beds from large scale dredging of river sand and to
protect their biophysical environment system and regulate the removal of river sand and for
matters connected therewith or incidental thereto.
General conditions for the sand removal operations in a Kadavu

 The Grama Panchayat or the Municipality concerned shall, before carrying out the
sand removal operation obtain passes from the Geology Department which shall
issue them on the recommendation of the District Expert Committee for a period of
one month in advance, on payment of royalty as provided for in the law applicable
for the payment of royalty.
 No sand removal operation shall be carried out in a Kadavu before 6 a.m. and after 3
p.m.
 The Grama Panchayat or Municipality concerned shall subject to the other
provisions, of this Act and the rules made thereunder, make necessary arrangements
to carry out the sand removal operations.
 Removal of sand shall be permitted only from the riverbed and no sand removal
operation shall be done within 10 metres of the river bank.
 No sand removal operation shall be done within a distance of 500 metres, from any
bridge or any irrigation project:
 The vehicle for loading sand shall be parked at a distance of at least 25 metres from
the river bank, and no vehicle shall be brought to the river bank for loading,
 No sand removal shall be done in a Kadavu or river bank in excess of the quantity
fixed by the District Expert Committee.
 No 'Kollivala' pole scooping or any mechanized method shall be carried out in the
sand removal operation.
 No sand removal shall be done where there is likelihood of saline water mixing with
river water, No sand removal shall be done i n a river or in any river bank where
Government have expressly prohibited the same by general or special order.
WETLANDS
Wetlands are areas where water covers the soil, or is present either at or near the surface of
the soil all year or for varying periods of time during the year, including during the growing
season
The destruction of wetlands is a concern because they are some of the most productive
habitats on the planet.
Ramsar Convention
The Convention on Wetlands is an intergovernmental treaty that provides the framework
for national action and international cooperation for the conservation and wise use of
wetlands and their resources. The Convention was adopted in the Iranian city of Ramsar in
1971 and came into force in 1975. Since then, almost 90% of UN member states, from all
the world’s geographic regions, have acceded to become “Contracting Parties”.
Wise use of wetlands is the maintenance of their ecological character, achieved through the
implementation of ecosystem approaches, within the context of sustainable development.”
Bodies established by the convention
Conference of the Contracting Parties
This is the convention's governing body consisting of all governments that have ratified the
treaty. This ultimate authority reviews progress under the convention, identifies new
priorities, and sets work plans for members. The COP can also make amendments to the
convention, create expert advisory bodies, review progress reports by member nations, and
collaborate with other international organizations and agreements.
The Standing Committee
The Standing Committee is the intersessional executive body which represents the COP
between its triennial meetings, within the framework of the decisions made by the COP. The
contracting parties that are members of the Standing Committee are elected by each
meeting of the COP to serve for the three years.
The Ramsar Secretariat offices in Gland, Switzerland
The Scientific and Technical Review Panel
The Scientific and Technical Review Panel (STRP) provides scientific and technical guidance
to the Conference of Contracting Parties, the Standing Committee, and the Ramsar
Secretariat.
The Secretariat
The Secretariat carries out the day-to-day coordination of the convention's activities. It is
based at the headquarters of the International Union for Conservation of Nature (IUCN) in
Gland, Switzerland.
The implementation of the Ramsar Convention is a continuing partnership between the
Conference of Contracting Parties, the Standing Committee, and the Secretariat, with the
advice of the subsidiary expert body, the Scientific and Technical Review Panel (STRP), and
the support of the international organization partners (IOPs).
National Initiatives:
Wetland Conservation and Management Rules, 2017
The new rules, notified by the environment ministry, decentralise wetlands management by
giving states powers to not only identify and notify wetlands within their jurisdictions but
also keep a watch on prohibited activities.

Seeking to protect over 2 lakh wetlands across the country, the Centre has come out with
rules to identify and manage these ecologically fragile areas which play an important role in
flood control, groundwater recharge, preserving plant varieties, supporting migratory birds
and protecting coastlines. The new rules, notified by the environment ministry, decentralise
wetlands management by giving states powers to not only identify and notify wetlands
within their jurisdictions but also keep a watch on prohibited activities. It also indirectly
widens the ambit of permitted activities by inserting the 'wise use' principle, giving powers
to state-level wetland authorities to decide what can be allowed in larger interest. The
notification says, "The wetlands shall be conserved and managed in accordance with the
principle of 'wise use' as determined by the Wetlands Authority." The Centre's role under
the Wetlands (Conservation and Management) Rules, 2017, will be restricted to monitoring
its implementation by states/UTs, recommending trans-boundary wetlands for notification
and reviewing integrated management of selected wetlands under the Ramsar Convention
— an international arrangement to preserve identified wetlands.
THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008
An Act to conserve the paddy land and wetland and to restrict the conversion or
reclamation thereof, in order to promote growth in the agricultural sector and to sustain the
ecological system, in the State of Kerala.
Sec 3. Prohibition on conversion or reclamation of paddy land.
On and from the date of commencement of this Act, the owner, occupier or the person in
custody of any paddy land shall not undertake any activity for the conversion or reclamation
of such paddy land except in accordance with the provisions of this Act.
The Kerala government had regularized the reclamation and conversion of paddy fields
taken before 2008. With this move, the state government had hoped to collect additional Rs
200-crore revenue. It had ordered district collectors to process the applications for the
conversion process. Activists say it is difficult to prove whether reclamation was done before
or after 2008 in the absence of published data on the status of land. The permission for
conversion was granted to owners of 10 cents of land in panchayat and five cents each in
municipal and corporation areas.