Involve NGT in mega projects to avoid later hassles: Govt
March 26, 2017The National Green Tribunal's held its two-day World Conference on Environment. The discussion at the inaugural session on Saturday revolved quite a bit around the role of the judiciary, with the government asking that the courts not play an "adversarial role".
Union finance minister Arun Jaitley stressed that India was at a critical juncture, awaiting growth in various sectors, while attorney general Mukul Rohatgi went a step ahead and proposed that the coastal zone regulation (CRZ), which restricts any development within 500 metres of the coast, be "debunked" as tourists were abandoning India for other Southeast Asian countries, and it was time for the government, judiciary and others to sit together and audit if the CRZ regulation was of any good.
Chief Justice of India JS Khehar retorted to this in his speech, saying environment is not a matter of competition. He also said no court would interfere if projects followed the environmental regulations and standards. Rohtagi said: "What I would like to propose is that we shouldn't see an environmental court or a tribunal as an adversarial jurisdiction. When an industry is set up, millions of dollars are spent, and then it is challenged. It takes 5 to 10 years to go to the Supreme Court. He advised that we should have a consultative process between stakeholders, something like an authority for advance rulings, which you have in income tax. For a mega project, involve NGT, involve government, proponent and stakeholders."
Justice Khehar, who delivered the keynote addresses stressing again and again on the need to contain the two degree rise in global temperatures to prevent catastrophic impacts of climate change, said "Environment is not a matter of competition, not about us and them, but about the humanity." He added, "When a programme is sponsored by the government, it is well within the framework to draw a policy which will protect the environment. You can construct hotels, you can construct whatever you wish, but have in place regulations for environmental protection, and no court can ever interfere. The possibility of interference happens when, say, townships are constructed without appropriately dealing with sewage or other regulations. That's when the problem emerges, when you allow industrialization without adequate environmental measures. The policy of the government has to be to allow development in industry, but by taking due care of environment."
Jaitley said that we still have the challenge to pull up around 25% to 30% of our population from below poverty line. Massive urbanization is still to take place. India is yet to see more highways, more rural roads, more airports.
President Pranab Mukherjee also gave his inputs. He talked about prioritization and planning of investment in India's renewable energy programme, which may not be delivered if we continue with the traditional way of thinking. He said children are the "worst sufferers" of adverse impact of pollution and there was a need for an "out-of-the-box" solution.
Union finance minister Arun Jaitley stressed that India was at a critical juncture, awaiting growth in various sectors, while attorney general Mukul Rohatgi went a step ahead and proposed that the coastal zone regulation (CRZ), which restricts any development within 500 metres of the coast, be "debunked" as tourists were abandoning India for other Southeast Asian countries, and it was time for the government, judiciary and others to sit together and audit if the CRZ regulation was of any good.
Chief Justice of India JS Khehar retorted to this in his speech, saying environment is not a matter of competition. He also said no court would interfere if projects followed the environmental regulations and standards. Rohtagi said: "What I would like to propose is that we shouldn't see an environmental court or a tribunal as an adversarial jurisdiction. When an industry is set up, millions of dollars are spent, and then it is challenged. It takes 5 to 10 years to go to the Supreme Court. He advised that we should have a consultative process between stakeholders, something like an authority for advance rulings, which you have in income tax. For a mega project, involve NGT, involve government, proponent and stakeholders."
Justice Khehar, who delivered the keynote addresses stressing again and again on the need to contain the two degree rise in global temperatures to prevent catastrophic impacts of climate change, said "Environment is not a matter of competition, not about us and them, but about the humanity." He added, "When a programme is sponsored by the government, it is well within the framework to draw a policy which will protect the environment. You can construct hotels, you can construct whatever you wish, but have in place regulations for environmental protection, and no court can ever interfere. The possibility of interference happens when, say, townships are constructed without appropriately dealing with sewage or other regulations. That's when the problem emerges, when you allow industrialization without adequate environmental measures. The policy of the government has to be to allow development in industry, but by taking due care of environment."
Jaitley said that we still have the challenge to pull up around 25% to 30% of our population from below poverty line. Massive urbanization is still to take place. India is yet to see more highways, more rural roads, more airports.
President Pranab Mukherjee also gave his inputs. He talked about prioritization and planning of investment in India's renewable energy programme, which may not be delivered if we continue with the traditional way of thinking. He said children are the "worst sufferers" of adverse impact of pollution and there was a need for an "out-of-the-box" solution.
OUR TAKE
It is appreciated that a national seminar on environmental issues, involving all the important leaders of the country was held. With arising problems, it is important that authorities step in and take some stringent measures to protect the same. A state-wise committee must be set up who specifically deals with environmental issues and take appropriate action regarding such matters because judiciary cannot be involved into it every time.
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