New Delhi: Chhattisgarh Chief Minister Bhupesh Baghel wrote a letter to Union Environment Minister Prakash Javadekar, raising objections over the draft Environment Impact Assessment (EIA) 2020 notification, alleging that it has completely ignored the sensitivity required for the conservation of environment and achieving the objective of sustainable development.
In his letter, Chhattisgarh CM stated, "I understand your objective of making the new process of Environment Clearance more expedient to align it with the Government's policy of 'Ease of Doing Businesses'. However the provisions of the draft EIA notification, 2020 is not in consonance with environmental jurisprudence of 'Precautionary Principle' and 'Sustainable Development' and defeats it's very objective of EIA process."
He further added, "I am writing you as a concerned public representative of Chhattisgarh's pristine ecology, embedded with dense forest and huge mineral resources. The draft EIA notification, 2020 does not incorporate opinion/views/comments of the State Government in the process of grant of Environmental Clearance."
Baghel, in his letter, mentioned that Chhattisgarh is predominantly a tribal state and has 44 per cent forest cover. Areas like Bastar, Surguja, Koriya, Kavardha, along with many others have been included in the "Scheduled Area" under Article 244(1) of the Constitution of India, which provides protection to these areas against the laws derogatory to the land rights of the indigenous population of Chhattisgarh.
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"At the outset, an executive action by way of a 'Notification' cannot over-ride the statutory protection granted under FRA and PESA. Therefore, the EIA Notification, 2020 should be in consonance with the rights of the Tribals and Panchayats," he asserted.
Chhattisgarh CM also emphasized that exempting a large number of projects from public hearing and granting of post-facto clearances will adversely affect the rights of forest dwellers to conserve, manage and protect forests and Gram Sabha's power to fully exercise it's power under Section 5 of FRA to protect wildlife, forest, bio-diversity, adjoining catchment areas, water resources and ecologically sensitive area.
He said, "The process of grant of environmental clearance should not be expedited at the cost of the process becoming non-transparent and undemocratic. Completion of public hearing process should be 60 days."
Expressing his concerns over the increase of validity period of environmental clearance at the construction phase, Baghel asserted that it would allow project proponents to secure land for longer duration without initiating any productive activity and may promote land grab.
On post-facto clearances, he said, "It should be considered for those projects only, which have incurred violation prior to the issue of this notification. No post facto clearance should be granted after issuance of this notification." He also appealed that states should be empowered to submit it's opinion and views along with No Objection Certificate for grant of Environmental Clearance of 'A' category projects having huge impacts on Environment.
