The Supreme Court today questioned the government stand that it had given environmental clearance to French cement company Lafarge's mining site in the forests of Khasi hill in Meghalaya in the belief that it was in the non-forest area.
A special forest Bench, headed by Chief Justice S H Kapdia, asked Attorney General Goolam E Vahanvati as to why the Ministry of Environment and Forest (MoEF) relied on the wrong report of the local authority and did not send its own team to verify the facts.
"Why you have not sent an investigative team to find out the facts," asked the Bench, which also comprised justices Aftab Alam and K S Radhakrishnan.
The Bench said, "When you have doubts regarding the project, you should send a team there... Can you say that it was not a forest without going there. Was MoEF not aware that there was a forest. You must have enquired from your regional office there also."
On this, Vahanvati said there is no mechanism to send a team and verify the facts under current rules and regulations.
The court then said,"Did you call the project feasibility report on the basis of which they (Lafarge) got funding? That report would have indicated if there was a forest or not."
Vahanvati again reiterated that the previous clearance of MoEF was granted in belief that there was no forest land. He also submitted that the centre kept asking from the local authority and the Divisional Forest Officer about the land and they repeatedly misguided them saying that there was less than 0.009% vegetation in the area.
Vahanvati said the environmental clearance given to Lafarge in August 9, 2001 was based on a report submitted by the East Khashi Hill Autonomous Council that there was no forest and plantation in the area.
On February 11, he had submitted that the Council, which has the rights over local forests, had given no objection certificate to Lafarge in August 1997.
The local body in a spot enquiry report had observed that there was no forest, plantation or habitation in the area, which was mainly a barren land.
The apex court was hearing the plea over the revised environmental clearance given to Lafarge.
MoEF had given revised environmental clearance to Lafarge last April, on the directions of the Supreme Court, after finding the mining project in the forest land.
