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Govt looking to defang green laws to spur development

1 Sep 2014 Hindustan Times (Jaipur) Chetan Chauhan Chetan.chauhan@hindustantimes.com

The National Democratic Alliance government is set to tweak two key environment protection laws to make it easier for business projects to be set up in the country.

The Centre has been under attack for going on a project clearing spree without ostensibly paying much heed to protection of green spaces and the legislative changes it now plans is likely to further raise hackles among environment activists.

The two laws in question are the National Green Tribunal Act and Forest Rights Act, which have largely been assailed as hurdles to economic growth by pro-business lobbies.

Environment minister Prakash Javadekar has initiated the move to bring in amendments to these UPA-era laws.

A cabinet note being prepared by his ministry to dilute the powers and jurisdiction of the tribunal would be circulated for inter-ministerial discussion soon, official sources said.

While the NGT Act stipulates powers and functions of the tribunal to review clearances given to projects and even reject them, the forest law makes it mandatory for the industry to seek prior consent of tribals and forest dwellers in projects coming up in notified forest areas. The ministry now wants the tribunal to be only able to make recommendations to the government rather than issuing directions like a quasi judicial body.

The ministry’s proposal also says that the power to cancel environment clearance should vest only with the apex court and the NGT should review the appraisal process of the projects cleared by Central or the states. It wants its role to be reduced to only an advisory body.

An official, requesting to remain unnamed, explained that the government never expected the tribunal that is headed by a former judge of the Supreme Court would become so “powerful” ( see box: The Posco example).

The ministry now reportedly wants the National Green Tribunal to revert back to the old days of the toothless National Environment Appellate Authority, which was an office attached to the ministry.

On the Forest Rights Act, Tribal Affairs minister Jual Oram has been asked to review the law and bring in changes that can prevent its “misuse to stall development”.

The officials say that the mandatory consent requirement for the gram sabha (a body of villagers) for initiating any project is the biggest hurdle in pushing infrastructure development in the poorest regions, having rich mineral resources, of the country.

New Link Road Residents say: It is indeed shocking that the Environment Minister is so blatantly on the side of greedy business and giant Industrial conglomerates out to squeeze Indias natural resources which are irreplaceable.