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Posco India has to obtain order for forest clearance from the Odisha government for tree felling in one of the project affected villages, according to an order by the National Green Tribunal (NGT).
Disposing off a petition, a bench headed by NGT chairperson, Swatanter Kumar said, “We dispose of the petition. The project proponent (Posco) is at liberty to approach the state government for appropriate orders. Till such orders are passed by the state government, no trees be cut by the project proponent.”
The NGT order was in response to a petition filed by environment activist Prafulla Samantara who had challenged the grant of forest clearance to the Posco steel plant. In his petition, Samantara argued that while the Centre had the power to accord forest clearance, final order has to be passed by the state government.
“The state government is not following the appropriate procedure in passing orders. Before issuing any order, the government needs to invite objections from the concerned panchayat,” Samantara said.
The tribunal, while disposing of his petition, concurred with his view, stating that as per provisions of the Forest Act, it is the state government which is required to pass an order, permitting non-forest activities in forest area, once such activity has received approval of the Centre.
“Once the central government accords its approval, it is to be followed by appropriate orders by the state government,” the bench said.
The NGT, however, clarified that it was not examining other aspects of the Posco case like whether the forest clearance is to be granted before environment clearance and vice versa. The Odisha government's counsel apprised the tribunal that appropriate orders will be passed.
Officials of the state forest & environment department were not immediately available for comments on the NGT order.
The NGT on May 28 last year, had ordered status quo on tree felling at the Posco site.
Posco India was granted the environment clearance for a four million tonne capacity steel mill in 2007. But the green tribunal had suspended this environment clearance on March 30 2012, asking the Union ministry of environment & forests (MoEF) to examine the clearance afresh.
The expert appraisal committee (EAC) of the ministry in May last year, had recommended revalidation of the green nod till 2017. The MoEF recently revalidated the environment clearance for the project for a period of five years with effect from July 18, 2012.
