Green tribunal quashes clearances issued by govt

The Narendra Modi government’s plan to accelerate infrastructure construction in forest areas has hit a roadblock as the National Green Tribunal (NGT) rejected the Environment Ministry’s clearances to the states for cutting the trees on the basis of “in-principle” approval.

In two letters to the states, the ministry had permitted tree felling and construction in forest land on the basis of “in principle” approval under the Forest (Conservation) Act, 1980 if other regulatory conditions are fulfilled.

“We stay the operation of the communications dated August 8, 2014 and January 15, 2015 and direct that no tree will be felled any further on the strength of these communications,” stated an order issued on February 20 by a five-member NGT bench headed by its chairperson Justice Swatanter Kumar.

Creation of new roads, transmission and water supply lines, irrigation canals, laying optical fibre cable and railway line and expansion of the highways would be stopped following the NGT order.

Some of the linear projects under scanner include a railway line and canal that bifurcates the Rajaji National Park and cuts the Chilla Motichur corridor for elephants.

Another project stalled is the proposed expansion of National Highway 7 which goes through the vital Kanha-Pench and Kanha-Indravati corridors for tigers.

Bending rules

“There is no scientific basis in concluding that linear projects cause less damage to the ecology. The National Board for Wildlife in 2011 concluded that given the large ecological impact, there is urgent need for strict guidelines for linear projects to avoid fragmentation of forests and increase conflict,” said conservationist Milind Pariwakam, who petitioned the NGT.

“The relaxation by the ministry is contrary to the procedure prescribed in the law, which clearly states only after the final approval and order under the Forest (conservation) Act, 1980, trees can be felled,” said Pariwakam.

The “in-principle approval” is neither allowed in the law, nor there is any purpose to wait for the final approval as both felling of trees and commencement of work would have taken place based on the in-principle approval.

“Interestingly, the ministry in the past 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 taken by the ministry and the statutory provisions,” he said.

In the August 8 letter, the Environment Ministry said that for linear projects of National Highway Authority of India, Border Roads Organisation, Central Public Works Department, Ministry of Road Transport and Highways, Ministry of Railways and other agencies, in-principle approval might be deemed as the “working permission” for tree cutting and commencement of work.