[Reader-list] Indian Environment tribunals to check "arbitrary" policies

[Ravi Agarwal]

Please see the report in today's ET below - it seems that the govt is
proposing to create these tribunals to override 'arbitrary'
environmental decisions under all existing environmental laws
including the FCA, WLPA and EPA. Clearly nothing is to be permitted to
come in the way of the high GDP growth rate.
================================================

Environment tribunals to check arbitrary policies

SWEEPING POWERS FOR NATIONAL & REGIONAL TRIBUNALS

Rajeev Jayaswal & MK Venu NEW DELHI

Economic Times, 9.11.06
INDIA Inc will soon have a dedicated redress mechanism against
arbitrary government orders in the garb of protecting environment. The
government is constituting fullyempowered National Environmental
Tribunals (NET) with sweeping powers. They can review orders passed
under the environment protection laws covering wide-ranging subjects
such as water, air, wildlife and prevention of cruelty to animals.
Importantly, no other court or authority may enter into the
jurisdiction of the tribunals. "No other court or authority will have
jurisdiction to entertain any application, any claim or action which
can be entertained, tried or dealt with by the tribunals, the draft
legislation said. The draft is expected to approved by the Cabinet
soon.
Non-compliance with any direction of the tribunal shall be treated
as an offence, punishable with a fine of up to Rs 10 crore. It is
understood that the draft has been modified on the basis of Law
Commission's recommendation and incorporating comments from various
ministries. The tribunals will be empowered to regulate their own
procedures. "The tribunals will not be bound by the code of civil
procedure laid down by the Code of Civil Procedure, 1908, but shall be
guided by principles of natural justice and subject to the other
provisions," the proposed legislation said.
The tribunals can take cognisance of any order passed by the
Centre, states and public authorities; evoking the Water (P&CP) Act of
1974, the Water (P&CP) Cess Act of 1977, the Air (P&CP) Act of 1981,
the Forest (Conservation) Act of 1980, Wildlife (Protection) Act of
1972, Prevention of Cruelty to Animals Act of 1960 and any other
existing law related "to environment protection and improvement of
environment".
Appeals against orders of environment tribunals could be made in
the Supreme Court within 30 days, which can be extended by another 30
days, the Bill said. With the implementation of the new legislation,
the National Environment Tribunal Act, 1995, and the National
Environment Appellate Authority (NEAA) Act, 1997, would be repealed.
The National Environment Appellate Authority established under the
NEAA Act would also be abolished.
The Bill has proposed to establish a two-tier structure, a NET at
the Centre and Regional Environment Tribunals (RET) for groups of
states. The number of tribunals could be increased or decreased. The
NET will have a chairperson and nine members. Besides the chairperson
and one member, who are judicial members, eight experts from the
fields of physics, chemistry, botany, zoology, engineering,
environmental economics and social sciences (either sociology or
cultural anthropology) and forestry would form the NET.





__._,_.___ 
. 
__,_._,___ 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mail.sarai.net/pipermail/reader-list/attachments/20061113/4d4d86de/attachment.html