Centre confronts SC over forest preservation

New Kerala, April 28, 2007

New Delhi, Apr 27: The Centre today again confronted the Supreme Court as Additional Solicitor General Vikas Singh contended that no judicial emergency had arisen for this court to take over the functions of the government in the matter of preservation of forests in the country.

He also pleaded before the bench comprising Chief Justice K G Balakrishnan and Justices Arijit Pasayad and S H Kapadia that the situation in the country with regard to the area under forests has improved not because of the Supreme Court but because of the steps taken by the Central government.

The apex court modified its earlier order dated December 15 2006 and lifted the stay against the functioning of the government appointed Forest Advisory Committee(FAC).

The court directed that all fresh cases of new projects shall go to the government appointed FAC. All new cases seeking clearance for fresh projects will first go to the government nominated FAC which will give its advice on the project to the Centrally Empowered Committee (CEC) for consideration and the CEC will finally place its report before the apex court for clearance.

The projects which have been cleared by the court appointed FAC after September 15 2006 shall also be referred to the government nominated FAC.

The court also directed that the projects which have already been cleared by the apex court shall not require any fresh reference to any authority. The court adjourned the hearing to the second week of July.The court, however, decided to hear on May 15 the issue of Rs 3500 crore aluminium project awaiting clearance in Kalahandi district of Orissa which is famous for maximum number of starvation deaths in the country.

The court also decided to hear the applications regarding the setting up of the power grid and a nuclear reactor in the forest area along with the main petition.

The Amicus Curiae senior consel Harish Salve however, strongly opposed the continuation of three goverment nominees in the FAC.The goverment has to clear around 200 projects which will be subjected to the final nod from the Supreme Court.