"Take away" gram sabhas' rights in diverting forest land for irrigation, gas pipeline, transmission line projects

By A Representative
Over and above seeking to solicit "utmost complete faith" in the corporate sector in providing environmental clearance, the Report of the High Level Committee on Forest and Environment Related Laws, formed by the Union ministry of environment and forests (MoEF), has asked the Government of India to scale down the role of the gram sabhas in diverting forest land. Released last week, the report, whose copy is with Counterview, says that the “provisions of forest rights Act (FRA), which make it mandatory to seek the approval of gram sabha, should be amended.”
Headed by former Union Cabinet secretary TSR Subramanian – and consisting of Vishwanath Anand, former secretary, Government of India; Bishwanath Sinha, joint secretary, ministry of forests and environment; member-secretary, Gujarat Pollution Control Board (GPCB), Hardik Shah; retired judge of the Delhi High Court Justice AK Srivastava; and senior advocate of the Supreme Court KN Bhat – the committee, interestingly, did not have even one well-known environmentalist.
The need to amend the FRA, the committee said, is necessary to ensure implementation of what are called “linear projects”, including transportation lines, gas pipelines, irrigation canals, and transmission lines, which “are generally for the benefit of the community at large”. By setting aside the gram sabha approval, it added, will be possible for such projects to be implemented on a "priority" basis.
The further said, the diversion of forest land for linear projects “should be appraised through a special cell” to be set up under the National Environment Management Authority (NEMA) (or the State Environmental Management Authority (SEMA)” at the state level in order to “fast-track” these. The committee provides concessions in the “core area of forests and wildlife protected areas”, too. Saying that approvals should not “ordinarily be given for construction of any projects, including linear projects”, it said, there should be “exceptions” such as “re-laying of the existing roads.”
As for the rest of the forest areas, it explained, “In the matters of forest land diversion where the rights under FRA have not been settled and a proposal for linear project is considered for approval, the committee recommends that the provisions of FR Act which make it mandatory to seek the approval of gram sabha should be amended to dispense with this condition in general to ensure that the benefit of such linear projects are available to the recipient population.”
Interestingly, the committee does not seek to provide autonomy to the new authorities it has proposed, e NEMA or SEMA. It said, “In the context of paragraph 7.14 (xiii) as to whether NEMA ought to have final authority to confer approvals, or should refer their findings for a final decision to the MoEF, the committee considered the matter in depth. It was noted that the mandate for implementing the environmental laws, and by implication give environment/ forest approvals has been conferred by the Parliament to the Executive, in this case represented by MoEF.”
It added, “While all technical aspects of an application/ proposal for clearance would be examined on merits by the NEMA, it was felt that the final approval or rejection powers should be retained by the MoEF. This is because there may be many other factors, relating to relationship with neighbouring countries, need to address regional disparity issues, dealing with areas and regions with special problems and issues, and need to take national security issues into account etc.”
The committee underlined, “The NEMA may not always be privy to such considerations; besides the GoI may not also like to share sensitive information in some instances with subordinate formations. Taking these factors into account, the committee felt that the authority for final decision should be with the MoEF, with the proviso that specific reasons need to be assigned when the Ministry disagrees with the findings/ recommendations of the NEMA in a particular instance.”
Referring to the need to amend the Environmental Impact Assessment (EIA) Notification, 2006, the committee said, “The condition on the ownership and the physical possession of the land by the project proponent at the time of submission of application should be dispensed with, and be replaced as the ownership and possession before the construction or enabling activity thereof is started..”

It added, “However, the responsibility for acquiring the land should remain that of the project proponent and the Government shall remain indemnified for any liability on account of acts of the project proponent in this regard.”
---
Click HERE to download the full report

Comments

US-China truce temporary, larger trade war between two economies to continue

By Prabir Purkayastha The Trump-Xi meeting in Busan, South Korea on 30 October 2025 may have brought about a temporary relief in the US-China trade war. But unless we see the fine print of the agreement, it is difficult to assess whether this is a temporary truce or the beginning of a real rapprochement between the two nations. The jury is still out on that one and we will wait for a better understanding of what has really been achieved in Busan.

Mergers and privatisation: The Finance Minister’s misguided banking agenda

By Thomas Franco The Finance Minister has once again revived talk of merging two or three large public sector banks to make them globally competitive. Reports also suggest that the government is considering appointing Managing Directors in public sector banks from the private sector. Both moves would strike at the heart of India’s public banking system . Privatisation undermines the constitutional vision of social and economic justice, and such steps could lead to irreversible damage.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Political misfires in Bihar: Reasons behind the Opposition's self-inflicted defeat

By Vidya Bhushan Rawat* The Bihar Vidhansabha Election 2025 verdict is out. I maintained deliberate silence about the growing tribe of “social media” experts and their opinions. Lately, these do not fascinate me. Anyone forming an opinion solely on the basis of these “experts” lives in a fool’s paradise. I do not watch them, nor do I follow them on Twitter. I stayed away partly because I was not certain of a MahaGathbandhan victory, even though I wanted it. But my personal preference is not the issue here. The parties disappointed.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Shrinking settlements, fading schools: The Tibetan exile crisis in India

By Tseten Lhundup* Since the 14th Dalai Lama fled to India in 1959, the Tibetan exile community in Dharamsala has established the Central Tibetan Administration (CTA) as the guardian of Tibetan culture and identity. Once admired for its democratic governance , educational system , and religious vitality , the exile community now faces an alarming demographic and institutional decline.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Search This Blog