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This is an archive article published on January 6, 2015

Will file caveats to guard projects from being stuck in court: Prakash Javadekar

Minister says will change CRZ rules, redefine buffer zone in forest areas

Prakash Javadekar Prakash Javadekar

The Ministry of Environment, Forest and Climate Change will file caveats in courts — especially in cases where it fears third parties may drag the government into a legal battle over green clearances — to ensure that development projects are not stalled for frivolous reasons.

“The government cannot engage in prolonged legal battles on non-issues,” Environment Minister Prakash Javadekar told The Indian Express, adding that the ministry would attach the documents justifying the green clearances with the caveat.

“It has come my notice that trivial issues are raised to stall a project. Not only does the development of a region suffer because of this, it also causes inconvenience to the public at large. While we do so, we will also take care that environmental norms are not violated while awarding clearances,” he said.

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Environmental clearance for many projects in Maharashtra have been pending for long, Javadekar said. He said the Ministry had cleared nearly 80 projects in the last seven months, and would clear a total of 100 projects by the end of January.

He said he planned to bring major reforms in the Coastal Regulation Zone rules, and redefine the buffer zone in forest regions, after consultations with the Maharashtra government.

According to the Minister, nearly every decision taken by his Ministry finds itself mired in legal battles. “And most surprisingly, we did not even have a full-fledged legal cell to expeditiously tackle the problems. While ensuring that environmental guidelines are fully met, we will also put in place a mechanism to deal firmly with PILs that come in the way of projects,” Javadekar said.

Javadekar has convened three zonal shivirs or camps in Bangalore, Chennai and Kolkata to brainstorm on new plans and policies. His Ministry would strive for a balance between development and environment, Javadekar said; however, it was imperative to deal with legal challenges expeditiously to keep the pace of development intact.

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“For example, a blanket ban on projects in the Sindhurdurg and Ratnagiri districts of the Konkan, saying it was an eco-sensitive zone, was absolutely ridiculous,” Javadekar said. It meant that a villager could not even take the local red laterite stone needed to build and repair homes, he said.

“In Mumbai, the enforcement of a 500-metre ‘No-Development Zone’ along the coast needs to be reviewed. While the government believes environmental safeguards cannot be compromised, it (the no-development rule) cannot be blindly executed to stall developmental work,” Javadekar said.

“The Centre is considering positively the coastal road project envisaging north-south connectivity,” he added.

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