“Things have actually been improving in this country not because courts have been monitoring it but primarily because of the Forest Conservation Act,” the ASG claimed asking: “Why (should) the functioning of FAC be stalled as there has been no valid case for imposing the stay?”

FAC is the highest Government-appointed advisory body that is responsible for all clearances related to any diversion of forest land for purposes like laying of roads, water/sewerage pipelines, power projects, dams etc.

The Ministry of Environment and Forests (MoEF) has been on a collision course with the Supreme Court on appointment of three “non-official” members to this seven-member committee headed by the Director General of Forests. The court ordered the CEC to suggest names for non-official members after CEC objected to the Government appointees.

Strongly resisting this, the Ministry argued that the FAC is part of a statutory regulatory process. It also objected to the nine names proposed by the CEC — these included Belinda Wright, Bittu Sehgal and other activists — saying these were not experts but “enthusiastic laypersons” and didn’t meet qualification guidelines issued in 2004. Instead, the Ministry suggested its own list including a botany scientist and two retired Indian Forest Service officers.

The court today laid down the road ahead for future clearances without explicitly vacating the stay. Dividing all pending projects into broadly “four categories”, the court said that after the FAC reports on fresh projects seeking clearances, these will go to the CEC for consideration and the CEC will finally place its report before the apex court for clearance.

... contd.