New MoEF guidelines on use of forests ignore Supreme Court ruling

In its new guidelines that contradict Supreme Court directives, the environment ministry has allowed for use of forest land outside protected areas without the approval of the SC or National Board for Wildlife (NBWL). Project proponents will now have to obtain wildlife clearances and SC's approval only for cases that are planned inside protected areas. According to ministry sources, the guidelines have been issued seemingly to cut down the time required to seek permissions and bypass the SC's order.

As per the Supreme Court's 2005 directive, it is mandatory for any project proponent to seek its approval and the recommendation of the standing committee of the NBWL if the project was inside or near a protected area. The new guidelines are another of the ministry's moves to dilute the checks and balances in place to ensure sustainable development and seeks to essentially de-link the process of obtaining forest clearance and wildlife clearance.

In fact, the guidelines virtually encourage beginning work on projects without SC or NBWL's approval.

The ministry guidelines, issued a couple of days back say that the "Central Government will examine recommendation of the FAC in respect of the forest land located outside protected areas and will take decision on merit of each case, without waiting for approval of Standing Committee of NBWL and the Hon'ble Supreme Court." Ministry officials from the forest and wildlife wing were unavailable for comment on the new rules that have been brought into effect with an executive order.

It is pertinent to note that the guidelines have been issued days after the National Green Tribunal rapped the National Highways Authority of India (NHAI) for not obtaining a wildlife clearance to widen National Highway-7 through Maharashtra and Madhya Pradesh, even as it cuts through critical tiger habitat outside a protected area. In fact, the Wildlife Protection Act states that specifically requires that in corridors which link two tiger reserves with each other it is essential to take the approval from the NBWL.