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Saturday, September 08, 2007

Supreme Court of India refuses to abolish forest panel

SC refuses to abolish forest panel http://www.headlinesindia.com/archive_html/07September2007_55672.html New Delhi: The Supreme Court on Friday turned down a Central government plea to abolish an apex court-appointed panel set up in 2002 to assist it in adjudicating issues related to forests and environment. A Bench, headed by Chief Justice K G Balakrishnan along with Justices Arijit Pasayat and S H Kapadia, turned down the government plea to abolish the Central Empowered Committee and said that the panel would continue to work and the government would continue to provide it all facilities and basic infrastructure for its smooth functioning. Seeking abolition of the committee, Solicitor General G E Vahanvati contended that the continuance of the panel amounted to replacing the Central government with the committee. Though he maintained that the panel was not unnecessary, Vahanvati submitted to the Bench that the panel should not be given statutory powers under the Forest Conservation Act to issue directions to the government and its officers in forest matters. Scoffing at the government's plea, the court remarked: "The long and short of your application is that they (panel) have become a nuisance; so please take them off." The court asked the government if it had any single instance when it found the panel exceeding its brief. The court wondered if the government was imagining and anticipating problems despite there being none. The court, however, made it clear that if the government faces any problem vis-Ã -vis the panel, it was free to approach the apex court for redressal. The court also told Vahanvati to discuss the problems with the amicus curiae, senior counsel Harish Salve, to achieve proper coordination with the court-appointed panel. The Union Ministry for Environment and Forests had earlier filed an affidavit before the apex court seeking abolition of the committee. It said that the task of looking after the forests be given entirely to the government. The ministry, in its affidavit, also contended that the court's orders censuring the Central and state governments for alleged disappearance of the forests in the country were eroding the separation of powers and the mutual respect between the different organs of the government. The affidavit contended that the government was equally concerned with the task of preserving the forest cover in the country and had been discharging its duties and obligations with the help of experts in the field of ecology, environment, and forestry. It said did not need the panel to help it. (IANS)

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