The Indian Express, 6 April, 2015
A standoff between the ministries of tribal affairs and environment and forests over the issue of clearances has stalled three key projects prompting Nripendra Misra, principal secretary to the Prime Minister, to intervene and question the delay.
The projects which are being tracked by the projectmonitoring group (PMG) of the cabinet committee on investment are in three different parts of the country: the 2×500 MW projectof NLC TamilNadu PowerLtd which has a fuel supplyagreement with CoalIndia the 45-km Sivok-Rangpo newline of “national and strategic interest” which will put Sikkim on India’s railwaymap; and the 100 MW Tidong-I hydel projectin Kinnaur district of HimachalPradesh.
These projects had sought forest clearances without meeting allconditions underthe Forest Rights Act (FRA) and were referred to the tribal affairs ministry by the environment and forests ministry. On each occasion, the tribal affairs ministry refused exemption.
On March17, Nripendra Misra wrote to tribal affairs secretary Hrushikesh Panda, pointing out that the tribal affairs ministry was “unable to see the strong rationale” for pushing developmentprojects.
“The delay speaks volumes of our lack of commitment,” Misra wrote, seekinga response within three days.
Panda replied the very next day, arguing that his ministry only “gave a legally tenable advice” to the environment and forests ministry which had sought it in the first place.
Panda replied the very next day, arguing that his ministry only “gave a legally tenable advice” to the environment and forests ministry which had sought it in the first place.
Referring to a note attached to Misra’s letter, Panda took a swipe at the environment and forests ministry for making a “judgmental statement” that projectswere being stopped by the “non-application of mind of tribal affairs ministry”.
Panda reminded Misra that the environment and forests ministry “does not need the clearance of Ministry of Tribal Affairs for diversion of forest land”.
Earlier, on March 3, coalsecretary Anil Swarup had written to Panda, seekingearly clearance since the first unit of the plantwas “ready for synchronisation with the grid”.
The FRA compliance certificate issued by the district collectorof Thoothukudi in Tamil Nadu for the NTPL project was referred by the environment and forests ministry to the tribal affairs ministry on January 14.
It was pointed out that no mohalla sabha was apparently constituted in the municipalareas where forest landwas to be diverted for the NTPL project.
With the tribal affairs ministry not yielding, the Tamil Nadu governmenthad to constitute a ward committee on March 6. It has since sent its resolution to the centre. The tribal affairs ministry’s view on the legality of the processis awaited.
The Sivok-Rangpo railprojecthas been stuck ever since the tribal affairs ministry red-flagged two certificationsby the Darjeeling district collector— in August and November 2014 — that “gram sabhas have given their consent” to diversion of forest landwith a footnote stating “as there is no elected body at the panchayat level, there is no gram sabha”.
For the Tidong hydel project the PMG wants the forest clearance processto be delinked from FRA requirementsfor laying transmission lines as it requires only the “right of way”. But the tribal affairs ministry has taken a firm stand that the FRA allows no exemption to any category of projects.
Following instructions from the PMO in January, the environment and forests ministry drafted a fresh notification on applicability of the FRA for linear projects. The tribal affairs ministry also placed on record its comments. Now, it is for the department of legal affairs to take a call.
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