GREEN-MUDRA 2 LAST
PTI | 01:02 PM,Feb 15,2012The National Green Tribunal held that "in absence of The National Green Tribunal held that "in absence of permission under the Forest (Conservation) Act, 1980 and CRZ clearance, the environment clearance (EC) granted to OPG becomes redundant in as much as the said EC is subject to the permission and clearance granted under the Forest (Conservation) Act, as well CRZ Regulations". The petitioners, though senior counsel Raj Panjwani and advocates Ritwick Dutta and Rahul Chaudhary, had alleged the violation of Environment Protection Act, 1986 and guidelines issued under the Forest (Conservation) Act, 1980. They alleged the EC for the project was granted without insisting upon Forest Clearance (FC) even though the project included use of reserved forest for non-forest purpose and that the OPG had suppressed vital facts from the authorities. Senior counsel Krishnan Venugopal appearing for the OPG denied the allegations saying no facts were suppressed by them and clearances were granted after due consideration. The company later told the tribunal that alternative steps are being taken by them and they are not keen to either use the reserve forest land or the sea water. Counsel and officials of OPG said as per alternative plans no permission would be required under the Forest (Conservation) Act or clearance under the CRZ Regulation. The bench, after considering their submissions, held that in case of any deviation from their original project plan, OPG shall apply to concerned authorities who shall consider it "strictly in consonance with law and dispose of the same as expeditiously as possible, but not later than four months". "In the event OPG intends to follow the original project technique than it shall make further applications under the Forest (Conservation) Act, 1980 which shall be dealt on its own merits and disposed of in accordance with law also within a span of two months," the tribunal held.
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