SC allows MoEF to delink environment,forest norms

In a major relief to the stalled highway projects,the Supreme Court on Tuesday allowed the Ministry of Environment and Forests

In a major relief to the stalled highway projects,the Supreme Court on Tuesday allowed the Ministry of Environment and Forests (MoEF) to modify its norms to delink environment clearance from forest clearance. This is likely to resolve the contentions between the MoEF and the National Highway Authority of India (NHAI).

A Forest Bench led by Justice Aftab Alam allowed an application by the MoEF seeking a liberty to de-link the two clearances for the purposes of road projects,subject to fulfillment of certain conditions stipulated by the MoEF in its January 7 letter.

Underlining that the ministry could modify its norms since it was a delegated piece of legislation,the Bench allowed the plea,which will now allow the companies to start their road projects with just the environment clearance.

Story continues below this ad

Earlier,due to the ministrys 2011 norms,which was based on the SC verdict in the Lafarge case,a forest clearance was mandatory before the work on the entire stretch,falling in forest and non-forest areas,could begin.

The NHAI had also moved the SC in January and claimed the execution and completion of more than 22 awarded highway projects had been stalled due to the norms on green clearances.

In its application filed through advocate Haris Beeran,the MoEF however sought to modify the guidelines that in the case of linear projects involving use of forest land falling in a portion of their length,pending consideration of approval under the Act,work on non-forest land may start and be executed up to such point on either side of forest land.

In case approval under the Forest (Conservation) Act for diversion of forest land is declined,it is technically feasible to execute the project along an alternate alignment without involving diversion of forest land, stated the plea,clarifying that initiation of work on non-forest land will not confer any right with regard to grant of forest clearance,as per the Lafarge judgment.

Story continues below this ad

A similar mechanism should be permitted for the projects,involving widening or upgradation of existing roads and the work will only be allowed to be executed on the entire stretch located in non- forest land.

In case approval under the Act for diversion of forest land is declined,width of the portion of road falling in the forest land will be maintained at its existing level. This will also be incorporated as specific condition of the environment clearance. This clarification will not apply to the roads falling in Protected Areas and the eco-sensitive zones around Protected Areas, as per the revised norm that was approved by the SC on Tuesday.