National Green Tribunal stays all tree felling for linear projects

The Times of India , Saturday, February 21, 2015
Correspondent : Vijay Pinjarkar
NAGPUR: In a major setback to the ministry of environment, forest and climate change (MoEFCC), the principal bench of National Green Tribunal (NGT) at Delhi, on Friday, stayed felling of trees for all linear projects like roads, canal, power lines passing through forests in the country even if they have been granted Stage 1 clearance.

The five-judge principal bench of NGT headed by Justice Swatanter Kumar passed an order on a petition filed by Nagpur-based wildlife biologist Milind Pariwakam through his lawyer Ritwick Dutta and stayed felling of trees across the country, along such projects as national highways, power lines, irrigation canals, railways and the ones carried out by the Central Public Works Department (CPWD).

The order will have a bearing on four-laning of NH7 between Mansar and Khawasa that entails large-scale felling and the case about which is being heard by Nagpur bench of Bombay High Court. The MoEFCC, vide a letter issued to the state governments on August 8, 2014, and subsequently on January 15, 2015, had diluted the guidelines under the Forest Conservation Act (FCA), 1980, stating project proponents could start work on linear projects and fell trees even after getting Stage 1 clearance.

The January circular stated that any officer not below the rank of divisional forest officer (DFO) could issue orders to fell trees if Stage 1 approval is granted. The NGT has now stayed both the circulars. The next hearing has been kept for March 11. Pariwakam contended that the said relaxation given by the MoEFCC was contrary to the procedure prescribed in the FCA that clearly stated that trees could be felled only after final approval and order and 'in-principle approval' was not an approval as contemplated in law. FCA did not mention 'in-principle approval' at all.

The petition also sought direction that no felling or diversion of any forest land in any state take place based on Stage I or Stage II approval unless an order to the effect is passed by the state government under the FCA. Justice Swatanter Kumar said, "There is something basically wrong with the MoEFCC. You have no business passing such orders. This is too much. You cannot change the law on the environment in such a fashion."

Justice Swatanter Kumar's words and the stay on MoEFCC circular are a huge setback to the BJP government moves to change the laws on environment and wildlife. MoEFCC had made much of the circular while trying to bypass the FCA by diluting conditions and allowing project proponents to fell trees even before final clearance was obtained. Earlier, the MoEFCC had diluted the National Board for Wildlife (NBWL) by appointing a members in a fashon not prescribed in law to see that projects were given a go ahead without any opposition. The Supreme Court had rapped the ministry for that act.

For NH7 too, the highways ministry wants forest department to grant permission for four-laning without taking appropriate wildlife mitigation measures recommended by the Wildlife Institute of India ( WII), Dehradun. The NGT move may stall tree felling, which was allowed as per February 4 order of the Nagpur bench of Bombay high court from 679 km to 689 km on NH7. The direction was issued while hearing a PIL allowing tree felling on NH7 virtually clearing four-laning work.

Based on the high court order, the principal chief conservator of forest (PCCF) office on February 10, had asked his subordinates to allow tree felling. However, hurt by the HC decision, green activists moved NGT at Delhi. The proposed 60-km road widening patch between Mansar and Rukhad ( MP) is one of the country's biggest wildlife corridors. Of the total patch, 90% is dense forest used by tigers and other wildlife to cross over. It is a corridor between Pench, Kanha, Nagzira, Indravati and Tadoba.

It seems the state forest department move to allow felling of trees along the NH7 will also not be allowed since that project is also yet to have final clearance. Sources said PCCF Sarjan Bhagat has immediately asked forest officials concerned to stay the tree felling order pending arrival of direction from the NGT.

Wildlife experts Kishor Rithe and Prafulla Bhamburkar have hailed the NGT decision. Green activist Ashok Kumar Mishra said the BJP government has taken several moves to dilute green laws in its nine-month tenure. "Development should be sustainable," he added.

RED FLAG TO FELLING

* The move will not allow projects of railways, roads, canals and power lines from felling trees and diverting forest land unless final approval under the FCA was obtained

* The MoEFCC had allowed felling of trees even if 'in-principle approval' was granted under the FCA

* MoEFCC has consistently taken a view that 'in-principle approval' is not an approval for felling of trees before the NGT itself. The recent letters are contrary to the earlier view

* Given the large ecological impact due to linear projects, there is urgent requirement for strict guidelines for avoiding fragmentation of forests and increasing conflict. The special exemption for linear projects has also been opposed by tribal rights groups on the grounds of exemption from gram sabha consent

* Some important linear projects that have attracted a lot of attention in the recent past are the railway line and canal bifurcating Rajaji National Park and cutting the Chilla Motichur corridor for elephants

 
SOURCE : http://timesofindia.indiatimes.com/city/nagpur/National-Green-Tribunal-stays-all-tree-felling-for-linear-projects/articleshow/46318232.cms
 


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