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LATEST NEWS UPDATES | No tribal min role in Posco case? by Nitin Sethi

No tribal min role in Posco case? by Nitin Sethi

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published Published on Oct 29, 2010   modified Modified on Oct 29, 2010
The Posco tale got another twist on Thursday with the environment ministry's forest advisory committee deciding to rethink whether it should ask the ministry of tribal affairs to verify the violations of Forest Rights Act or it should do so itself.

In a meeting held on October 25, the FAC had concluded that it would recommend that the tribal affairs ministry take a final call on whether the Orissa government had violated the Forest Rights Act or not. It had decided to continue with the stay order on Posco's forest clearance till the tribal affairs ministry replied.

But sources in the ministry said that FAC had not taken a final call and is expected to meet on Tuesday again to decide if it is judicious to pass the buck to another ministry on an internal clearance process of MoEF.

Sources said concerns have also arisen about setting a precedent in the Posco case, which could create a new hurdle for future projects. The industry would need to, if this decision comes through, also get clearances from the tribal affairs ministry on settling of tribal rights before it can get the forest clearance from the environment ministry.

Also insiders pointed that a legal point had arisen in internal debate about the legality of asking tribal affairs ministry to follow an internal order of the environment ministry. The environment ministry had ordered in August 2009 that forest clearances can be given only after the Forest Rights Act processes have been completed and evidence to the effect have been checked.

Digressing from the parent ministry's directive, the FAC had instead of verifying the position records, given a clearance to Posco conditioned on its later settling forest dweller rights under FRA.

FAC, in its meeting on October 25 considered the Meena Gupta committee report which had indicted Orissa for falsifying information on FRA to get the forest clearance and the FAC for giving an illegal conditional clearance. Despite the August 2009 MoEF order, it decided to refer the matter to tribal affairs ministry.

High-level sources in the ministry said difference of opinion had spurted in the FAC, with the forest officials on-board and at least one non-official member recommending that the issue be referred to the tribal affairs ministry.

With the minutes of FAC still not finalized four days after the meeting, it has left the room open for the committee to deliberate before taking a final call.

Sources said that the ministry was aware of the general apathy of the forest bureaucracy and wildlife groups to the Forest Rights Act but an internal process of the ministry should not be outsourced to another ministry.


The Times of India, 29 October, 2010, http://timesofindia.indiatimes.com/india/TNN28piscotimcleared-by-tandon-2130------------/articleshow/6830955.cms


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