PMO wants quick disposal of environment cases stuck with Supreme Court

DNA India , Thursday, November 13, 2014
Correspondent : Mayank Aggarwal
Prime minister Narendra Modi's office has expressed its worries over union environment ministry's cases being stuck in the Supreme Court as it has led to huge delays in infrastructure projects worth several thousands of crores. The PMO has urged attorney general Mukul Rohatgi to take urgent action to expedite the cases and resolve the situation so that country's growth is not stalled.

Due to scores of cases being stuck in the country's apex court, several real estate, mining and over 100 industrial and infrastructure projects are being stuck. Funds to the tune of over Rs 37,000 crore are also blocked due to such cases leading to Indian government's ambitious Green India Mission -- aimed at increasing India's green cover -- not taking off.

"As you are aware, the government is striving to expedite the process of development in the country while simultaneously ensuring environmental conservation and enrichment. In this regard, it has been seen that several important initiatives are getting derailed or severely delayed as some related matters are pending before the courts. It is necessary to resolve these matters," wrote PM's principal secretary Nripendra Misra in a letter to Rohatgi on October 31.

As per documents accessed by dna, Misra also sent a "note" enlisting some of the "important matters in the environmental sector" stuck with SC.

Misra also directed secretary of the ministry of environment and forests, Ashok Lavasa, to "personally brief" Rohatgi on all those cases. "I am sure with your kind intervention most of the issues would get resolved. Your further guidance solicited," said Misra in his letter.

Dozens of cases are stuck at the Supreme Court level and because of that environment ministry officials say projects worth thousands of crores are biting dust from years.

For instance, the case of compensatory afforestation (CA), which is carried out in lieu of diverting forests for projects, is one such very important matter. At present, all funds for compensatory afforestation are being deposited in accounts of ad hoc CAMPA (Compensatory Afforestation Fund Management and Planning Authority) which functions under SC.

"As on date, about Rs 37,000 crore has got accumulated in this fund. However, the ad hoc CAMPA is providing only Rs 1,000 crore per year for afforestation purposes. Several States/UTs are pressing for additional CA funds. Further, Green India Mission also requires substantial funding from the CA funds. Though (Union) Cabinet in July 2014 had approved Constitution of regular CAMPA and creation of public account, this Constitution order is yet to be approved by the SC," said note sent by Misra.

The note also reveals the pressure that NDA government is feeling due to SC's recent stay on projects cleared by the re-constituted National Board for Wildlife (NBWL).

In August 2014, over 130 projects were granted wildlife clearance by the newly re-constituted NBWL but SC stayed them after a PIL was filed alleging illegality in reconstitution of board.

After initially claiming no illegality, Modi government quickly took corrective measures but SC is yet to lift its stay.

This is also important because after September 2013, NBWL had not met even once till August 2014 as it had not been re-constituted till then. This practically resulted in projects easily being stuck for over 15 months and it involves investment of over Rs 1,000 crore.

Meanwhile, important issue of sand mining concerning real estate sector is also in PMO's radar. The note expresses concern on sand mining -- an issue which had been a hot topic of discussion in the last couple of years.

In a particular case, SC had directed that mining of sand and aggregate even for areas less than 5 hectare would require environmental clearance - a move which as per note sent by Misra led to "critical problems in construction and real estate sector" as till then such mining was considered exempt from EC.

To resolve the crisis, environment ministry recently amended EC notification and categorised such mining under category B (to be dealt at state level) and asked state governments to frame rules for such mining. These rules and MoEF amendments to EC are pending before SC for approval.

 
SOURCE : http://www.dnaindia.com/india/report-pmo-wants-quick-disposal-of-environment-cases-stuck-with-supreme-court-2034640
 


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