Blow to green min as NGT stays exemption given to linear projects

NEW DELHI: In a blow to the environment ministry’s bid to dilute green laws, the National Green Tribunal has stayed the ministry’s orders scrapping exemption to linear projects — such as the construction of roads and laying of transmission lines — from the statutory forest approval.

The environment ministry, through two orders of October 2014 and January 2015, had stipulated that an in-principle approval granted under the Forest Conservation Act (FCA) should be considered as approval for felling of trees and commencement of work without waiting for the final forest approval. The forest advisory committee under the forest law gives inprinciple approval for starting the studies on project impact. The final approval is given after a mandatory public hearing of the affected people.

A five-member bench headed by NGT chief justice Swantanter Kumar Friday prevented all agencies involved in linear projects — railway lines, roads, transmission lines and canals — from cutting trees without final approval under the Forest Conservation law.

The order was issued on an application filed by wildlife biologist Milind Pariwakam. “The MOEF by allowing felling based on in-principle approval takes away the right of appeal before the NGT and presents a fait accompli situation,” he contended.

The petitioner said that there was no scientific basis in concluding that linear projects cause less damage to the ecology since the National Board for Wildlife, in 2011 had concluded that 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 letters issued were part of measures undertaken by the present government to dilute environmental laws which includes the constitution of a High level Committee to review environmental laws.