DRP News Bulletin

DRP NB 12 July 2021: Will Bhupender Yadav improve India’s Environment Governance?

It’s rather rare when some of the most well-known environmentalists of India, including Ritwick Dutta and Manoj Misra welcome the arrival of Bhupender Yadav as India’s new Environment Minister. The state of the environment governance under the outgoing minister, Prakash Javadekar has worsened so much, both in perception and substance, that possibly any change would look better. In fact Javadekar may be front runner for the label of India’s worst ever environment minister according to some analysts.

The environment appraisals, the constitution of committees including the various Expert Appraisal Committees, the Forest Advisory Committee and the Standing committee of National Board of Wildlife, the public hearings and consultation processes, the state of pollution and rivers, biodiversity, wetlands, floodplains, sand mining, to name just a few areas, were all seen going downhill on a steep slope during the Javadeker period. The monitoring and compliance remained non existent. Some would argue that was it much different before Javadekar. The point is Javadekar had no pretentions of trying to improve the environment governance. He was out to dilute every available norm and he seemed to have succeded significantly.

Even if Yadav were to genuinely wish to improve matters, how much will he be allowed to do, by the perceived imperatives of the economic fundamentalist agenda, the well-entrenched vested interests and the bureaucracy is a question that only time will tell, but there is little doubt that a lot can and needs to be done rather urgently and none of these perceived obstacles should come in the way if there is will. The climate change is making the improvement in environmental governance rather urgent.

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Dams · DRP News Bulletin

DRP News Bulletin 06 November 2017 (NGT Asks For Fresh Appraisal Of Lower Subansiri Hydro Project)

In a remarkable development, the National Green Tribunal (NGT) on October 24 has suspended the clearances given to the 1750-megawatt (MW) Demwe Lower Hydroelectric Project  (HEP) planned on the Lohit river in Arunachal Pradesh.

In its detailed order, released on October 27, the NGT ruled that the Environment Minister as Chairperson of the National Board for Wildlife (NWBL), a statutory body constituted under the Wildlife Protection Act, 1972, could not “just brush aside” the views of the majority of NBWL standing committee members.

Suspending the clearances given by the Centre and the state govt, the NGT order added that “the decision taken by the Standing Committee is not in accordance with established principles of law and hence the Standing Committee shall reconsider the issue and pass appropriate orders within a period of six months from the date of the judgment”.

Environmental clearance for the project was given by the Union environment ministry’s Expert Appraisal Committee (EAC) for river valley and hydroelectric projects back in 2009. An in-principle forest clearance for the Lower project was given in February 2012 and agreed upon in 2013.

However, the in-principle clearance of the project was opposed by a majority of the Standing Committee of the NBWL but subsequently cleared by the then-environment minister of state (independent charge), Jayanthi Natarajan, who was also the chairperson of the Standing Committee.

Natarajan is currently under the CBI’s scanner for alleged anomalies in clearance given for diversion of land in Saranda forest in Singhbhum district, Jharkhand to mining company Electrosteel during the previous UPA regime.

The NGT said that it is “of the view that either the Chairperson (Natarajan) should have given a proper reason for rejecting the objection of the majority of the non-official members or the decision ought to have been arrived at based on the opinion of the majority of the members. Even though the Standing Committee is a recommendatory body, the same being a statutory committee, is bound by the laudable principles of justice and fair play”.

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