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Forest clearances under national green tribunal ambit -Nitin Sethi

-The Times of India

The environment ministry has failed in its attempt to keep forest clearances outside the purview of the national green tribunal (NGT) though it might have succeeded in delaying the process.

The environment ministry had contended that clearances granted under the Forest Rights Act, 1980 could not be questioned by the tribunal, which was created, ironically, by the environment ministry to provide fast remedy to those aggrieved by infringement of green laws, including granting of clearances. But the forest bureaucracy found a loophole in the law that set up the quasi-judicial panel. The specific provision of the NGT Act empowered petitioners to seek remedy from the special court against any decision of the 'state and other authorities' under Section 2 of the Forest Conservation Act.

But the forest bureaucracy noted that under the specific provision, only the Centre was empowered to give forest clearances. Using the mismatch between the tribunal law and the green law, the environment ministry asked that forest clearances be kept out of any review process.

The NGT has agreed with the ministry's contention that it cannot review the central government's decisions on forest clearance. But it said that after clearances are provided by the environment ministry, the state government must pass a final order as well to give effect to the clearance.

Any aggrieved petitioner would then have the right to challenge the state government's order and consequently question the entire process including the original clearance by the environment ministry.