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Centre may leave it for the Supreme Court to decide on CBI probe into Odisha illegal mining
Vishwa Mohan,TNN | Jan 28, 2014, 04.58AM IST 
The MB Shah Commission has indicted both the Centre and Odisha government for various acts of omission and commission that led to illegal mining worth around Rs 60,000 crore.
NEW DELHI: The Centre, which is working on the action taken report on findings of the Shah Commission on multi-crore illegal mining in Odisha, may leave it for the Supreme Court to decide whether the scam can be probed by the CBI.
Though it will accept Shah Commission's recommendation asking the state government to cancel mining lease of erring companies and recover over Rs 59,203 crore from private firms that violated rules while mining iron and manganese ore during 2000-10, its action taken report (ATR) is likely to be subdued on the matter of probe by central agency citing pending court cases and state's ongoing police/vigilance action against offenders.
"The Centre may, at the most, refer the issue to the Central Vigilance Commission (CVC) for more clarity on the matter," said an official privy to deliberation of the committee of secretaries (CoS) which has been finalizing the ATR.
The Justice (retired) MB Shah Commission has recommended that the government hand over all cases to the CBI "where the FIRs were registered by police, vigilance, mines, revenue, forests and other departments" from 2008-2011.
Government sources said the action would, however, include decisions on a range of amendments in existing rules and laws pertaining to mines and environment.
"Idea is to amend the laws by including strict penal provisions so that it can act as a major deterrent", said an official, adding mining in forest area without approval would be made a "congnizable offence" as part of such measures.
The ATR, which will be tabled along with the commission's report in Parliament during the session next month, will also pitch for stringent punishment for violation under the Forest (Conservation) Act, 1980 which may include imprisonment for a period not less than six months that can be extended to seven years and liable to pay fines proportionate to the amount of illegal mining.
At present, offences under the Act are non-congnizable. Police do not initiate investigation in such crime except with magisterial permission. Besides, the existing law provides for the punishment of imprisonment, extendable to only fifteen days for the contravention of the provisions of the Act. Although it has provision to impose heavy fine on illegal miners, it lacks clarity on the amount - making it to be quite 'soft'.
The commission, which submitted its five-volume report on illegal mining in Odisha to the government last year, has indicted both the Centre and the state government for various acts of omission and commission that led to illegal mining worth around Rs 60,000 crore.
The Union Cabinet had on January 2 referred the report to the CoS for suggesting action based on the commission's recommendation.
"Once the ATR is finalized by the CoS, it will again go to Cabinet for its approval before being tabled in the Parliament", said an official.
Other suggestions which may find place in the ATR include independent third party evaluation of compensatory afforestation - an obligation of the agencies which divert forest for industries, mining or other activities.
Sources also said that the ministry of environment and forest was in favour of taking action against the companies by issuing show-cause notices to cancel mining lease along Baitarni river in Odisha. The suggestion would find place in the ATR.
"If the Cabinet accepts the suggestion, it will hit operations of many big steel and mining companies in the mineral rich state. Such companies will have to once again get environment and forest clearances", said an official.
Extracts of the report which found place in media show that 130 out of 192 mining lessees were allegedly doing production without lawful authority in violation of Environment Impact Assessment (EIA) notifications 1994 and 2006.
Ninety-four mines were found to be operating without environment clearance (EC) while 96 obtained delayed ECs. The panel has also traced freight evasion cases by iron ore exporters, who moved the mineral under domestic movement category by showing false excise certificates and recommended that the Railways should ask CBI to investigate the cases...............http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTQvMDEvMjgjQXIwMTYwMA==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 24, 2014, 10.04PM IST
The Posco project was marred in controversies over issues concerning land acquisition and delay in clearances since its announcement over eight years ago.
NEW DELHI: Days after getting crucial green nod from the Centre, the South Korean steel giant Posco is now set to clear its last 'procedural hurdle' with the National Green Tribunal (NGT) on Friday asking it to get final forest clearance for its multi-crore project in Odisha from the state government.
Though the tribunal in its order asked the company not to cut any tree at the project site unless it gets the forest clearance (FC) from the Odisha government, the direction would eventually help Posco in getting the actual construction work in motion.
The state — which has been in favour of setting up the steel plant — will now have to formally issue its FC order soon. The Odisha government's counsel apprised the Tribunal on Friday that appropriate orders will be passed.
"It is now between them (Posco) and the state," a bench headed by NGT chairperson justice Swatanter Kumar said, noting that the project has been granted environment clearance and as per the Forest (Conservation) Act permission to cut trees is to be given by the Odisha government.
"Environmental clearance has already been granted to them. The state government has to pass order for forest clearance. It is for the state government to pass an order.
"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, no trees be cut by the project proponent," the bench said.
The order came on the plea of an environment activist Prafulla Samantara, who had challenged the FC granted to the project by the Centre, on the ground that the ministry of environment and forest only had power to give approval for FC and the final order in that regard has to be passed by the state.
Odisha government had, in fact, been resisting issuing such order as it did not want anyone to go in for appeal before the Tribunal once the forest clearance is notified in an official gazette. The project is to be come up in Jagatsinghpur district of Odisha,
"Once the Odisha government notifies its final forest clearance order to the Posco, anyone can go in for appeal against the order under Section 16 of the NGT Act", said advocate Ritwick Dutta who represented the applicant before the NGT.
He told the TOI that even if anyone goes in for appeal, it would not affect the Posco's work at the project site unless the court issues a stay order.
"The tribunal's order on Friday makes it clear that the Posco is now set to cross all procedural hurdles as state will not take time in issuing FC", Dutta said.
The NGT, while disposing of his petition, concurred with Samantara's view and said, "Once the Central government accords its approval, it is to be followed by appropriate orders by the state government".
The Friday's order clearly indicates that the project is delayed for nearly two years due to the stand of the state government which could have easily issued forest clearance once the Centre had given its nod for the same two years ago.
The Tribunal also made it clear it is not examining any other aspects of the case like whether the FC is to be granted prior to EC or vice versa. The ministry of environment and forest had given its environmental clearance to this Rs 51,000 crore project for setting up a 4 million tones per annum capacity of integrated steel plant on January 7.
The Posco project, the biggest foreign direct investment (FDI) to India, was marred in controversies over issues concerning land acquisition and delay in clearances since its announcement over eight years ago.
The original plan of the company in 2007 was to set up 12 MTPA integrated steel plant on 4,004 acres of land.
Giving its green nod, the MoEF order on January 7 said, "Presently, Posco's intermediate plan (2012) is to set up 4 MTPA integrated steel plant (Phase-I) with in-built provision for another 4 MTPA (Phase-II) on 2,700 acres of land. Accordingly, the revised lay out plan was submitted. However, the original plan of setting up of 12 MTPA steel plant has remained unchanged and intact".
The company will have to take fresh clearance in case of any change in the scope of the project at a later stage.................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxNC8wMS8yNSNBcjAxNDAz&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 23, 2014, 04.44AM IST
NEW DELHI: Faced with criticism that it had rushed through green clearances to many projects by ignoring environmental concerns, the government may next week clear Rs 13,000 crore for its much awaited 'Green India Mission' which aims to enhance carbon sinks through large-scale forestry across the country.
"Final draft of the Green India Mission (GIM) and proposal to get funds for it are ready. It will go to the Cabinet soon, possibly next week," environment and forests minister M Veerappa Moily said.
Moily told TOI that the finance ministry has given its nod for the required funds.
The government intends to increase forest cover by 10 million hectares in the next 10 years at a cost of Rs 46,000 crore. It has two components - quality improvement of forest cover and creating new forest cover - which are to be implemented through various measures including decentralization of forest governance.
It is learnt that the ministry of environment and forests (MoEF) has proposed convergence of GIM projects with schemes like Mahatma Gandhi National Rural Employment Guarantee (MNREGA) and Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
Whenever forest land is to be diverted for non-forestry purpose, user agencies have to provide equivalent "non-forest land" as per availability and "funds" (prescribed estimated amount) for carrying out compensatory afforestation. The money contributed by these agencies for planting trees goes to the Compensatory Afforestation Fund (CAF).
The GIM may benefit from the convergence as CAF during 2006-12 grew from Rs 1,200 crore to Rs 23,608 crore.
The fund for the mission is also expected to be derived from the 'corporate social responsibility' kitty which may get money from private companies that are expected to share a certain percentage of the total cost of projects for different social works.
Though the mission got 'in-principle' approval of the government over two years ago, it could not take off due to paucity of funds.
Rs 13,000 crore amount for the GIM, which is to get Cabinet nod, is meant for the 12th five-year plan period (2012-17). Since two years of the current plan period are almost over, the proposed fund has the provision of one year spillover in the 13th plan period.
The mission plan is designed in such a way that it could respond to climate change by a combination of adaptation and mitigation measures. Besides increasing the forest cover, it will also be meant for improving entire ecosystem and increasing forest-based livelihood income for 30 lakh forest dependent households in different parts of the country.
"Creating a new cadre of community youth as foresters from scheduled tribes and other forest dwelling communities is also one of the key areas of the Mission", said an official from the MoEF.........................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDE0LzAxLzIzI0FyMDEwMDI=&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 22, 2014, 05.11AM IST
NEW DELHI: Amid all-round criticism from environmentalists for ignoring sensitive green issues under new environment minister M Veerappa Moily, the government has approved a pending Rs 290 crore scheme to build capacity at both central and state levels to assess impact of climate change in vulnerable areas and associated risks.
Besides, it also cleared a proposal to set up an institute on climate change studies in the name of former prime minister Rajiv Gandhi.
"Both these proposals were cleared by the Union Cabinet on Monday," said Moily, seeking to give an impression that his ministry was equally concerned of green cause and climate change.
Moily told TOI that the finance ministry had agreed to release funds for the scheme which is to be implemented beginning next fiscal.
As far as setting up the Rajiv Gandhi Institute for Climate Change Studies and Actions is concerned, the minister said a committee of secretaries (CoS) would soon take a call on structure of the institute and the timeline for its completion.
The CoS will comprise of secretaries in the ministries of environment and forest, finance, renewable energy, agriculture, water resources and earth science.
The Rajiv Gandhi Institute - which is to be set up here as an autonomous body — will have four key functional areas related to environmental-scientific assessments and modeling; economic and legal analysis, monitoring and policy making; training, capacity building and advocacy and database, documentation and inventory management.
The capacity building scheme - which got the Cabinet's nod on Monday - is designed to undertake and augment various activities including Coordination of National Action Plan on Climate Change (NAPCC) and State Action Plan on Climate Change.
The NAPCC, comprising eight government-backed missions, was launched by the Centre in 2008. It includes government's priority area to work in the field of solar energy, enhanced energy efficiency, sustainable habitat, conserving water, sustaining the Himalayan ecosystem, a "Green India" mission, sustainable agriculture and strategic knowledge platform for Climate Change.....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTQvMDEvMjIjQXIwMTgwMA==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 20, 2014, 06.15AM IST
NEW DELHI: Taking the lead in heeding the Centre's advice backed by concerns expressed by environmentalists and a court order, the Odisha government has issued directions to district authorities to ensure that no plastic tri-colour is used during celebration of Republic Day, Independence Day or other important days in the state.
Though other states including Maharashtra and Karnataka had also issued similar directions in the past, such an order could not be implemented due to lack of monitoring mechanism at local level.
Unlike other states, Odisha has asked district civil and police authorities to depute officers specifically for this job so that the state high court order was followed and the national flag was used, made and distributed as per the national flag code.
Acting on a writ petition, the HC had in August last year directed the state government to take steps to prevent sale and distribution of the tri-colour made of any other material barring those permitted under the Flag Code of India, 2002.
The code specifies that the national flag should be made of cotton, wool, silk or paper. It also has penal provision under the Prevention of Insults to National Hounor (Amendment) Act, 2003 in case of any violation.
The law provides for imprisonment for a term up to three years for anyone who "in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, trample upon or otherwise shows disrespect or bring into contempt (whether by words, either spoken or written, or by acts) the Indian national flag".
Months before the court order, the Centre too had advised all states and Union Territories to issue directions for not using national flags made of plastic.
Referring to concerns expressed by environmentalists, the Union home ministry had in 2012 issued an advisory insisting the use of only paper in making flags which are waved by common people during important national, cultural and sports events. It also advised that such flags, as far as possible, should be disposed of in private, consistent with the dignity of the flag.
Noting that plastic was harmful to the environment, the ministry in its note said plastic flags were not biodegradable like paper flags and did not get destroyed for a long time (making it vulnerable to be left on ground at venues of cultural and sports events).
"This affects the dignity of the flag", said the ministry, taking note of the concerns expressed by the green activists who complained that flags made of plastic - specifically miniature ones which are often waved during national, cultural and sports events - could often end up on the ground and tampered (even un-intentionally) under feet of passers-by..................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTQvMDEvMjAjQXIwMTMwMw==&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 17, 2014, 03.05AM IST
After holding talks with visiting South Korean President Park Geun-hye, Prime Minister Manmohan Singh announced that Posco steel plant will be operational soon.
NEW DELHI: The much-awaited green nod given to Posco will help it to start its Odisha project in the coming weeks but the fine print of the clearance shows that the South Korean steel giant will not have a smooth ride in setting up its plant as per its 'original' plan.
The order, giving environmental clearance to the company, makes it clear that the final nod of the environment and forests ministry is meant only for the capacity of four million tones per annum (MTPA) integrated iron and steel plant with captive power plant (4x100 mw) as against Posco's original plan of setting up a 12 MTPA steel plant.
The order, signed on January 7, says, "The company shall obtain fresh environmental clearance in case of any change in the scope of the project."
The ministry of environment and forests (MoEF) made this order public on Thursday, the day Prime Minister Manmohan Singh said Posco's steel plant was set to be operational in the coming weeks.
Referring to the green nod given to the project last week, Singh made this announcement after holding talks with visiting South Korean President Park Geun-hye.
Though the company is yet to get licence for the captive source of iron ore (Kandahar mine in Sundargarh district) for the project, the government removed the obstacle by allowing it to make long-term agreement with Odisha Mining Corporation (OMC) and other private mine owners.
The grant of environmental clearance was made possible as the ministry delinked it from the captive port project which required a different set of clearances. Posco is, meanwhile, in the process of signing a memorandum of understanding (MoU) with Gail for supply of liquefied natural gas.
Besides earmarking 5% of the total cost of the project for "enterprise social commitment" based on local needs, Posco under various conditions of the environmental clearance will have to develop a green belt (25% of its area) and keep water and air pollution level under check through various in-house measures.
Although the PM on Thursday said that grant of mining concession for the project was at an advanced stage of processing, the final outcome would depend on the pending forest clearance.
The Posco project, the biggest foreign direct investment to India, was marred in controversies over issues concerning land acquisition and delay in clearances since its announcement over eight years ago. The original plan of the company in 2007 was to set up a 12 MTPA integrated steel plant on 4,004 acres of land.
The MoEF order says, "Presently, Posco's intermediate plan (2012) is to set up 4 MTPA integrated steel plant (Phase-I) with in-built provision for another 4 MTPA (Phase-II) on 2,700 acres of land. Accordingly, the revised layout plan was submitted. However, the original plan of setting up of 12 MTPA steel plant has remained unchanged and intact."
The order makes it clear that the revalidation of the environmental clearance -- which was first granted on July 19, 2007 -- will be valid for a period of five years with effect from July 18, 2012. It means the steel giant has merely left with around three-and-a-half years before getting into the cumbersome process of yet another round of clearances depending on its revised proposal at that time under the 'original' plan...................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxNC8wMS8xNyNBcjAwODAy&Mode=Gif&Locale=english-skin-custom
Vishwa Mohan,TNN | Jan 15, 2014, 10.31PM IST
NEW DELHI: Striking a deal to release each other's fishermen under a practical arrangement, India and Sri Lanka on Wednesday decided to "complete the process" of releasing all bona fide fishermen from both sides in the next two weeks.
It was also decided to set up a joint committee comprising three members each from both sides to look into this contentious issue so that fishermen, who might have inadvertently crossed the International Maritime Boundary Line, are released in a time-bound manner in future.
The decisions were taken in a meeting between Sri Lanka's minister of fisheries Rajitha Senaratne and agriculture minister Sharad Pawar. Officials from external affairs ministry also attended the meeting which took up the issue of releasing fishermen on a priority basis.
"We have decided to set up an institutional arrangement to look into the fishermen arrested on both sides and to expedite the matter (of their release)," Pawar said.
India and Sri Lanka on Monday released 52 fishermen each. At present, 240 Indian fishermen are in Sri Lankan custody whereas 160 Sri Lankan fishermen are in Indian jails.
"Process of releasing all these fishermen and their fishing vessels will be completed in the next two weeks", said Raja Sekhar Vundru, joint secretary (fisheries) in the agriculture ministry.
Speaking about the outcome of Pawar-Senaratne meeting, Vundru said the joint committee would be set up soon. This mechanism will work keeping in mind the humanitarian and livelihood dimensions of the fishermen's issue, he added.
Besides looking into the issue of releasing fishermen, the panel would also look into the issue of cooperation in the filed of fisheries and aquatic resource development in both the countries.
"The committee will meet at a regular interval and share information relating to all these issues", said Vundru, adding the Centre here has been in touch with the state governments of Tamil Nadu and Andhra Pradesh where Sri Lankan fishermen are currently in custody.
The move comes ahead of the meeting between the fishermen's associations of the two countries over the issue on January 20.
Most of the Indian fishermen were apprehended by the Sri Lankan authorities on charges of fishing in Sri Lankan waters. Similarly, Sri Lankan fishermen had also been apprehended by Indian authorities for straying into Indian waters.
Though the governments from both the sides had reached an understanding in October 2008 to put in place practical arrangements to deal with bona fide Indian and Sri Lankan fishermen crossing the International Maritime Boundary Line, the setting up of a mechanism in this regard had been eluding due to one or the other reasons for the last over five years.
Pawar told reporters after the meeting that a draft memorandum of understanding has been prepared for fishery development/conservation and safety of fishermen. "We are expecting their views to finalize the draft soon," he added.......................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxNC8wMS8xNiNBcjAxMjAx&Mode=Gif&Locale=english-skin-custom
