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Forest Clearance for Linear Projects – Fresh Guideline
In view of NGT directions, MoEFCC corrects wrong guidelines
Ministry of Environment, Forest and Climate Change (MoEFCC) has issued fresh guidelines on 7 May 2015 for simplifying process of issue of work permit and permission for tree felling in Forest Clearance process for ‘Linear Projects’ in view of the NGT directions in Milind Pariwakam & Anr v. Union of India [Original Application No. 52 of 2015, Order dated 13.3.2015].
The new guideline suppresses questionable old guidelines i.e. office memorandums (OM)/circulars of MoEFCC dated 8.8.2014 and 15.1.2015) through which the process for obtaining forest clearance under Section 2 of the Forest (Conservation) Act, 1980 for linear intrusion projects was diluted.
The primary issues in the case were whether the OMs were in violation of Section 2 of the Forest (Conservation) Act, 1980 and whether the OMs are bound to adversely affect the right of appeal as contemplated to an aggrieved person under Section 16 of the National Green Tribunal Act, 2010.
During the course of the hearing, an affidavit was filed by MoEFCC in which it agreed that ‘there is legal lacuna in the said communications issued by it but in view of the Affidavit the said lacuna and the gaps stand fully satisfied.’ NGT was not entirely satisfied with the affidavit and said, ‘It is correct that this Affidavit remedies the legal error in the OM but not to the entire extent.’ NGT issues several directions so that laws are not overlooked.
MoEFCC’s fresh guideline, thus, now includes :
‘In Principle’ approval by MoEFCC for a linear project would be deemed as work permit and tree cutting permission only after all the compensatory levies, including wherever required, transfer and mutation of non-forest /revenue land in favour of State Forest Department has been affect, and appropriate authority has passed order of permission for tree felling and work. This order would be treated as permission under Section 2 of the Forest (Conservation) Act, 1980 and would be ‘appealable’. An appeal, as per the provisions of Section 2(A) of FC Act and /or Section 16 (e) of the NGT Act, can be filled against any such order for tree cutting and commencement of work for linear project in forest land.
For detail see the guideline at : http://forestsclearance.nic.
NGT Judgement is available at : http://www.greentribunal.gov.
Pushp Jain
EIA Resource and Response Centre (ERC)
New Delhi
Web: ercindia.org; Email : pushp@ercindia.org
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