Press Release 25th November 2012:
Green Tribunal interim order on Integrated Kashang Project (Stage 1 and 2)
HPPCL directed not to utilise forest land till further orders
The National Green Tribunal (NGT) has directed Himachal Pradesh Power Corporation Ltd (HPPCL) “not to fell the trees standing over the disputed lands and notto utilize the forest land for non-forest activities until further orders ” for the Integrated Kashang Project in Kinnaur district. The interim order was passed on 23rd November 2012 in the case of 120 MW Stage 1 and 2 of the Asian Development Bank funded project, whose forest clearance has been challenged at the NGT by Devi Gyan Negi resident of Lippa and representative of Paryavaran Sanrakhsan Samiti, a local organisation that has been resisting the diversion of forest lands to the project. “We welcome the interim order of the NGT which recognises that there are substantial environment issues related to the forest diversion” added S.S Negi, President of Paryavaran Sanrakhsan Samiti. The petitioner is being represented by counsel Ritwick Dutta. The petition has been filed on the grounds that the forest clearance is a violation of the Forest Rights Act 2006 and that the unregulated diversion of forests for hydropower projects in the entire region in the last ten years has had serious ecological consequences. The key issue raised is the threat to Chilgoza Pine or Neoza forests which are being felled for these projects. Another critical point that the petition has raised is of ‘piece-meal’ clearances that were granted to the Integrated Project which is being developed in four separate stages. The project proponents first applied for diversion of 18.71 hectare of forest land in 2006 for Kashang stage-I and then applied for diversion of 17 hectare of forest land for stage II and II. Its application for Stage IV is still pending. HPPCL has also applied for a separate forest clearance for the transmission line component. The petition claims that the impacts of the entire diversion should have been assessed cumulatively by the Ministry of Environment.
This interim order comes close to the heels of another important judgement by the NGT in relation to forest clearances passed on 7th November 2012. The NGT had ordered that subsequent to the grant of clearance by the Ministry of Environment “ it is incumbent upon the State Government to pass a reasoned order transferring and/or allowing the land in question for being used for non forest purpose’. The tribunal ordered this based on the provisions under Section 2 of the Forest Conservation Act 1980. The order goes on to say that “bereft of such order no forest lands can be put to use for non-forest purpose”.
It is important to note that most state governments including Himachal Pradesh have not been passing such orders post the final approval of diversion by the Union Ministry. The judgement further goes on to state that all forest clearances can be challenged (in the Green tribunal) after the grant of the forest clearance order by the state government.
Prakash Bhandari of Himdhara Environment Research and Action collective explains the importance of this order for local communities affected by forest diversion. “This basically implies that firstly, all or any non-forest use which is being carried out for any project in Himachal Pradesh currently is in the absence of the state orders and therefore liable to legal challenge. Secondly, as and when the state government does pass orders of forest clearances, even for projects that may have been approved earlier by the Environment Ministry, those projects can be challenged in the court within 90 days of issue of order by the state government”. Clearly, this opens a window for legal action by those who are aggrieved by the grant of forest clearances, especially forest dependent communities whose forest rights or access to forests have been compromised or are yet to be settled and recognised under the Forest Rights Act 2006. The Himachal Pradesh government, despite passing orders for the application of the FRA in the entire state has not been able to move on initiating the process in all districts while it continues proposing more forest diversion for projects. The Ministry of Environment is now under pressure after the Union Minister of Tribal Affairs Shri Kishore Chandra Deo wrote to Environment Minister Jayanthi Natrajan a strongly worded letter on the issue of granting of forest clearances in contravention of the Forest Rights Act 2006.
copy of NGT Judgement 7th nov 2012
