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LATEST NEWS UPDATES | Concern over National Green Tribunal Act

Concern over National Green Tribunal Act

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published Published on Oct 19, 2010   modified Modified on Oct 19, 2010

Forest Minister Benoy Viswom on Monday expressed apprehension that the National Green Tribunal Act, enacted by the Centre, would lead to dilution of the Forest (Conservation) Act.

In a letter to Union Minister of State for Environment and Forests Jairam Ramesh, Mr. Viswom called upon the Union Minister to convene a conference of State Ministers of forests and environment to discuss issues related to the Act.

Concerns

Mr. Viswom said while he appreciated the enactment of the Act, he had concerns whether the aims and objectives of the legislation would be achieved. More than that, the provisions of the Act might undermine achievements in conserving natural resources.

He noted that his foremost objection was to the proposed amendment to Section 2 of the Forest Act which allowed any aggrieved party to file an appeal before the National Green Tribunal against orders or decisions of the government or other authorities under the Forest Act.

He doubted whether this provision was going to serve the cause of environmental protection.

He recalled that the enforcement of the Forest Act had been strengthened by orders of the Supreme Court and constitution of the Central Empowered Committee on its orders.

The amendment would open up ample opportunities to the economic and corporate forces to corner natural resources inside forests.

The lessons from Karnataka, Andhra Pradesh, Maharashtra and elsewhere where forests were ostensibly converted into mines and profits ploughed back for achieving mean political gains should be taken note of.

‘Counterproductive'

“In this year of bio-diversity any piece of legislation which may result in deterioration of our precious forest wealth, will be counterproductive. What we now need is a stern and committed action against corporate greed.

Modifications

“Apart from that, the National Green Tribunal Act requires other modifications also. It has been stipulated in the Act that five Benches of the tribunal will be established in different parts of the country. No civil court shall be allowed to entertain cases which the tribunal is competent to hear. This will reduce access to judicial remedies. The jurisdiction of the civil courts may be restored. Else, each State must have a Bench of the tribunal of its own.”

He said there were doubts whether the tribunal could be approached by the people, other than those communicated with a decision or direction by the authorities, for redress of genuine grievances.

Besides there was a provision to impose penalty on the petitioner if a claim was found untenable. This would prevent less privileged people from bringing genuine issues before the tribunal.


The Hindu, 19 October, 2010, http://www.thehindu.com/todays-paper/tp-national/article837130.ece


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