MoEF panel directs Karnataka govt to impose full penalty on windmill firm for violation

Bengaluru: Sending a strong message against violation of the forest laws, an expert committee under the Ministry of Environment, Forest and Climate Change (MoEF&CC) has directed the state government to impose full penalty on a wind energy company in Chitradurga, which had sought concession.

The project involved setting up of nearly 100 windmills in the 548.07 acre (221.80 hectare) of forest land in Jogimatti and Marikanive reserve forests. The project was approved in April 2003 in favour of a private company Enercon, later taken over by Wind World Ltd. However, it was found that over 112 acres of forest other than the 548 acres were cleared for the project. In addition, 87 acres within the lease area was utilised in violation of the land use.

Last year, the then principal chief conservator of forests (Head of Forest Force) had recommended the renewal along with a penalty against the company. The penalty totals to net present value (NPV) of the land diverted by the company in violation of the law. The NPV, introduced in 2002 to fund compensatory afforestation, fixes a tariff for diversion of forests depending on the ecological class and other parameters.

The company had cited a Supreme Court order to request a concession of 50% of the NPV. The state government, which recommended the project, had then moved the matter of penalty to the Forest Advisory Committee. The committee, however, noted that the guidelines regarding levying of penal provisions do not mention charging of 50% penal NPV. Instead, the penalty is prescribed as the amount equivalent to the NPV of the forest land.

The committee, after a detailed discussion, noted that in the extant case, violation has been proved on account of deviation from the approval granted by the ministry.

“In view of the existing provisions of the guidelines, the penal NPV should be considered at full NPV of the forest land used in violation and should accordingly be charged for forest area used in violation of the conditions stipulated,” it said.

Sources in the department said that direction essentially means that the company wlll now pay full NPV of the forest extent which bore the violations and an additional 100% of the NPV as penalty.

To a question, Chitradurga Deputy Conservator of Forests Gopya Nayak G said the process of fixing the NPV will begin soon. “The company has to submit a request following which the process will begin at the forest clearance division,” he said.