SC nixes retrospective green nods, but loophole still open
New Delhi, May 30 -- The Supreme Court on May 16, in the Vanashakti Vs Union of India case, struck down two of the Union government's office memoranda (OMs) and a notification that allowed retrospective environmental clearances to projects that began construction without prior approval - but experts point out that retrospective forest clearances (which are very common) do almost the same damage.
For example, the minutes of the latest Forest Advisory Committee meeting, held on April 15, available on Parivesh website, has several cases of ex post facto forest clearances considered by the Committee. These include: ex post facto clearance for regularisation of diversion of 11.562 ha of forest land for establishment of Integrated Steel Plant in Odisha; a similar clearance for diversion of 0.8935 ha reserved forest land for construction of a substation and electrification of 33 KV transmission line through Melghat Tiger Reserve; and approval for diversion of forest land for setting up of mobile towers in parts of Kashmir. FAC has provisions to penalise the violators who seek ex post facto clearance. For example, in the case of the steel plant in Odisha in which construction on the embankment and construction of a boundary wall had already taken place, FAC imposed a penalty for violation which is equal to net present value (NPV) of forest land per hectare for each year of violation from the date of actual diversion as reported by the inspecting officer with maximum up to five times the NPV plus 12% simple interest from the date of raising of such demand till the deposit is made.
The project proponent shall maintain/develop the green belts within the project area (wherever feasible) in consultation with the state forest department, the minutes dated April 16 added.
HT reported on January 6 that FAC has granted post-facto approval for a Commando Battalion Camp in Assam's protected forest area, while levying a penalty for violations of forest conservation laws.
The approval pertained to the diversion of 26.1 ha within the Geleky Reserved Forest, along the volatile Assam-Nagaland border in Sivasagar forest division and diversion of 11.5 ha of forest land in favour of Assam Police Housing Corporation for establishment of a second Commando Battalion Camp at Damchera.
Hindustan Times first reported on April 25 that MK Yadava, then Assam's Principal Chief Conservator of Forests (now special secretary, forests, Assam) approved these two major forest diversions for police installations without prior forest clearance....
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