SC boost for Ramesh's bid to set up autonomous green clearance body
NEW DELHI: The Supreme Court may have cleared the Lafarge mining case, but it has also ordered the setting up of an independent clearance authority. The move is a boost to Union minister Jairam Ramesh's plans to legislate an autonomous National Environment Appraisal and Monitoring Authority.
Taking the cue from the suggestions made by the environment ministry to strengthen the clearance process, the apex court backed the creation of an independent arm that would give its approval and also pro-actively monitor implementation of project's clearance conditions.
As reported by TOI earlier, the environment ministry has already moved the bill to create such an authority for inter-ministerial discussions.
The court also backed the ministry on its steps taken to integrate the two clearances it grants – forestry and environmental. It has stipulated that for mining projects and others beyond a certain size, the project developers would have to get clear proof to ensure that the land involved is not a forest land. In case it is, the ministry would not grant environmental clearance till the forestry clearance has been secured.
It had been noted in several cases – like Lafarge's Meghalaya project – that disputes often arise about the land bearing a patch of forest after the environmental clearance had been granted. To ensure discrepancies do not arise and the ministry is not provided a fait accompli, the new rules will ensure that the status of the land is resolved in advance. Another step to make the 'corporate environmental responsibility' a mandatory requirement has also been supported by the court.
Welcoming the apex court's order, Ramesh said it would put the National Forest Policy on a firmer footing. "The Lafarge judgment puts in place a structure that will make the process of environmental governance more effective. The ministry is of the view that the judiciary has played a pivotal role in environment and forest management," he added.
Taking the cue from the suggestions made by the environment ministry to strengthen the clearance process, the apex court backed the creation of an independent arm that would give its approval and also pro-actively monitor implementation of project's clearance conditions.
As reported by TOI earlier, the environment ministry has already moved the bill to create such an authority for inter-ministerial discussions.
The court also backed the ministry on its steps taken to integrate the two clearances it grants – forestry and environmental. It has stipulated that for mining projects and others beyond a certain size, the project developers would have to get clear proof to ensure that the land involved is not a forest land. In case it is, the ministry would not grant environmental clearance till the forestry clearance has been secured.
It had been noted in several cases – like Lafarge's Meghalaya project – that disputes often arise about the land bearing a patch of forest after the environmental clearance had been granted. To ensure discrepancies do not arise and the ministry is not provided a fait accompli, the new rules will ensure that the status of the land is resolved in advance. Another step to make the 'corporate environmental responsibility' a mandatory requirement has also been supported by the court.
Welcoming the apex court's order, Ramesh said it would put the National Forest Policy on a firmer footing. "The Lafarge judgment puts in place a structure that will make the process of environmental governance more effective. The ministry is of the view that the judiciary has played a pivotal role in environment and forest management," he added.
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