Green ministry panel takes forest rights to grassroots
Says Gram Sabhas Alone To Decide If They Want To Part With Forest Land
Nitin Sethi | TNN
The N C Saxena Committee that called for scrapping the Vedanta bauxite mining project in the Niyamgiri Hills of Orissa has set a precedent that could jolt the entire mining industry — it recommended that under the Forest Rights Act, the gram sabha (village council) is the only authorized body to decide whether or not it wants to part with a patch of forest land for a project.
Going beyond the immediate case of Vedanta, it says the rights of those who lived in or used the forests but were earlier illegally barred should be completely settled under FRA before the environment and forests ministry gives a green signal to divert forest land for projects.
Unlike in the case of Vedanta, it says the Union environment ministry should be barred from giving conditional clearance to a project on the mere assurance of the state government that FRA has been complied with……………………..
The N C Saxena Committee that called for scrapping the Vedanta bauxite mining project in the Niyamgiri Hills of Orissa has set a precedent that could jolt the entire mining industry — it recommended that under the Forest Rights Act, the gram sabha (village council) is the only authorized body to decide whether or not it wants to part with a patch of forest land for a project.
Going beyond the immediate case of Vedanta, it says the rights of those who lived in or used the forests but were earlier illegally barred should be completely settled under FRA before the environment and forests ministry gives a green signal to divert forest land for projects.
Unlike in the case of Vedanta, it says the Union environment ministry should be barred from giving conditional clearance to a project on the mere assurance of the state government that FRA has been complied with……………………..
How many trees make a forest
The number of trees that constitute a forest varies from
state to state. But in one particular case being heard by the Supreme Court, a
judge was left counting the trees in his backyard!
The apex court's forest bench comprising Chief Justice S.H.
Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan was hearing the
cause of a park in Noida which is being developed by Uttar Pradesh Chief
Minister Mayawati to dedicate it to the ruling Bahujan Samaj Party's Dalit
icons.
In Uttar Pradesh, the presence of 50 trees on an area of two
hectares is good enough for the land to qualify as a forest.
A senior counsel who appeared for the state said going by
this definition of the forest one could hardly go for any construction activity
in half of Delhi
Senior counsel Jayant Bhushan, who is opposing the park on
behalf of Noida residents, countered this by saying there was no place in Delhi
But Justice Alam corrected and overruled the senior lawyer
saying in his own official bungalow there were 75 trees!
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