Green clearance panel should be headed by experts, not bureaucrats: NGT

The National Green Tribunal (NGT) on Thursday directed the ministry of environment and forests (MoEF) not to appoint bureaucrats as the chairperson of its Expert Appraisal Committee (EAC), a body which gives statutory environment clearances to projects. The bench headed by former judge Swatanter Kumar asked the ministry to clarify the chairperson’s eligibility criteria within a month. It noted discrepancies in the three definitions issued by the ministry in 1992, 1994 and 2006.

“We direct MoEF not to appoint experts as members / chairperson of the EAC/SEAC (state-level expert appraisal committee) unless the said experts are directly relatable to the various fields of environmental jurisprudence. We direct the MoEF to provide the eligibility criteria and specific requirements for the person to be appointed as Chairperson of the EAC/SEAC within one month from today,” the Bench noted.

The Bench asked the ministry not to appoint a chairperson who does not satisfy the prescribed eligibility criteria as “that would lead to improper consideration and disposal of application for clearance filed by the project proponent. Further, it is bound to prejudicially affect the purpose of environmental enactments and the environment itself”.

In 2006, the ministry issued directives ensuring that the chairperson of the EAC could be “an outstanding and experienced environmental policy expert or expert in management or public administration with wide experience in the relevant development sector”. This ensured that retired IAS officers often got posted as chairs of these crucial environmental appraisal committees. The bench noted that the earlier criteria set by the ministry in 1992 focused on the chairperson having demonstrated interest in environment conservation and sustainable development. However, this was removed in 1994. The 2006 notification further diluted the requirements.

At present, four out of seven EACs are headed by bureaucrats. The EAC head for coal mining and thermal projects is A S Lamba, former secretary in the Ministry of Development of North Eastern Region. The chairperson for river valley and hydroelectric projects is Alok Perti, former secretary, coal ministry. The EAC head for infrastructure projects is Anil Razdan, a retired Indian Administrative Service (IAS) officer.

“The result of this deletion and change in qualification of the chairperson of EAC has led to a conflict of interest. This conflict of interest has attained serious dimensions in the working of the EAC, as persons from either public administration or managerial posts are being appointed as chairperson of EAC. This is prejudicial to the whole purpose of environmental clearance,” the petitioners argued. The petitioners comprise NGOs Kalpavriksh and Goa Foundation, and one Manoj Misra.

Legal experts welcomed the move saying the current appraisal process is dubious. “The judgment is significant as it ensures transparency in the decision-making process. The EAC has become a parking ground of retired IAS officers with conflict of interest. The entire appraisal process has been reduced to a farce due to the chairperson being ex-bureaucrats,” said Ritwick Dutta, an environmental lawyer.