SC turns down MoEF plea on empowered panel

The Supreme Court on Friday dismissed the plea of the Ministry of Environment and Forests seeking discontinuance of the Central Empowered Committee...

The Supreme Court on Friday dismissed the plea of the Ministry of Environment and Forests seeking discontinuance of the Central Empowered Committee which was appointed to assist the apex court in environment-related matters in 2002.

Contending that the Government had sufficient trained scientific and technical officials, non-official experts and statutory bodies to take care of environment and forests, the Ministry had sought discontinuance of the committee.

However, the three-member Bench refused dismissed the plea saying: 8220;If it has worked without a hitch for five years, what is the problem now?8221;

8220;The CEC will continue,8221; ruled the Bench, comprising Chief Justice K G Balakrishnan, Justices Arijit Pasayat and S H Kapadia, maintaining that the Government will have to extend 8220;all facilities and infrastructure8221; to the committee. The CEC will thus continue to exercise the powers conferred on it by the September 17, 2002 notification, which will remain in operation, the court said.

The Ministry has been at loggerheads with the CEC for some time now. This was evident when there was a verbal spat between Additional Solicitor General Vikas Singh, the previous counsel, and the court. The committee had come into existence in September 2002 when the Government had also favoured its constitution.

Pointing to this difference in the Government8217;s stand, amicus curiae and senior advocate Harish Salve opined that the matter needs to be deliberated as the Government has now come out saying there was no need for the CEC.

The Bench at this said, 8220;Without going into the controversy we feel that for effective implementation of our orders and assistance of court, the committee should continue.8221; It was set up up to help the apex court monitor and implement its orders relating to mining and industrial activities around forest areas.

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Unwilling to scrap CEC in the face of opposition raised by the Ministry, the court sought to know from the solicitor about the instances where there had been difficulty or conflict with the CEC during its five years of existence. But the counsel pointed to 8220;none8221;.

The Bench still asked the MoEF to point out grey areas in the powers and functioning of the committee and to give suggestions for bringing out modifications in it within four weeks.