Latest news with #CentralEmpoweredCommittee
Hindustan Times
2 days ago
- Politics
- Hindustan Times
Mohali: SC-appointed panel probes green violations in Mohali villages
Acting on complaints of violations of forest and wildlife protection laws in villages such as Karoran, Siswan, and Masol in Mohali district, the Central Empowered Committee (CEC), constituted by the Supreme Court of India, conducted a site visit on Monday. The committee was accompanied by Dharam Sharma, principal chief conservator of forests, Punjab, and Divya P, sub-divisional magistrate of Kharar. The inspection included a visit to Bans Bagh (Bamboo Farm) in Siswan and Forest Hill Resort in Karoran village. The complainants were also present during the visit and shared their concerns directly with the committee, which asked them to appear for a formal hearing. Following this, the CEC is expected to conduct a comprehensive site inspection to assess the extent of damage to forest land, wildlife and the local environment. It will also evaluate the effectiveness of timely interventions by government departments concerned. Based on its findings, a report will be submitted to the Union ministry of environment, forest and climate change. As per a press statement issued by Forest Hill Resort, the management submitted all relevant approvals, and orders from the Punjab and Haryana high court and the Supreme Court that support their operations. The villages in question fall under the jurisdiction of the Punjab Land Preservation Act (PLPA), 1900, and are protected by the Forest Conservation Act, 1980, as well as Supreme Court orders. Even during the delisting process for certain areas, the apex court had explicitly prohibited any commercial activity without prior approval from the Government of India. Despite these restrictions, large-scale violations—particularly illegal hill-cutting—have allegedly persisted for years, resulting in the degradation of ecologically sensitive and biodiversity-rich regions of the Shivalik Hills. Local residents and environmental activists have accused the forest department, district administration, GMADA and panchayati raj institutions of negligence and failure to curb rampant encroachments. The Central Empowered Committee, established by the Supreme Court in 2002 and reconstituted in 2008, functions as an advisory and monitoring body in cases related to forest and wildlife conservation. It assists in identifying non-compliance with environmental laws and court directives, and recommends appropriate enforcement actions to the environment ministry.
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Central Empowered Committee to inspect Mohali villages over forest, wildlife violations
Acting on a complaint regarding violation of forest and wildlife laws in villages, such as Karoran, Nada, Masol, and adjoining areas in Mohali district, the Central Empowered Committee (CEC), constituted by the Supreme Court, is scheduled to visit the region on Monday at 9 am. The CEC will assess the extent of damage caused to forest land, wildlife and the local environment. It will also evaluate the timely action taken by government departments, and based on its findings, will recommend appropriate measures. The said villages under scrutiny fall within areas governed by the Punjab Land Preservation Act (PLPA), 1900. These areas are also protected under the Forest Conservation Act, 1980, and the Supreme Court's orders. Even during the process of delisting certain areas from protected status, the court had explicitly banned any commercial activity without prior approval from the Government of India. Despite these restrictions, large-scale violations—particularly illegal hill-cutting—have allegedly continued unabated for several years. These activities have led to the degradation of ecologically sensitive and biodiversity-rich areas in the Shivalik Hills. Environmentalists and local residents have accused the forest department, district administration and urban agencies like Greater Mohali Area Development Authority (GMADA), along with panchayati raj institutions, of failing to prevent these encroachments, raising concerns over the alleged influence of the land mafia in the region. The Shivalik forests are known for their ecological significance, and are home to many endangered plant and animal species, several of which are listed as threatened under the (International Union for Conservation of Nature) IUCN Red List. The Central Empowered Committee (CEC) was constituted by the Supreme Court of India in 2002 (and reconstituted in 2008) to assist in matters related to forest, wildlife conservation and flag cases of official non-compliance with its orders related to conservation. It reports to the Union environment ministry. The committee came into existence after a landmark Supreme Court judgment, dated December 12, 1996, in a 1995 case. The apex court ruled that the term 'forest' should be interpreted in its dictionary sense, regardless of land ownership. This means any land that is forest in character on the ground must be treated as such and cannot be used for non-forest activities without prior approval from the Government of India, in accordance with the Forest (Conservation) Act, 1980, and other applicable laws.
Hindustan Times
28-05-2025
- Politics
- Hindustan Times
‘Last opportunity': SC warns govt on Aravalli definition
The Supreme Court on Tuesday expressed serious concern over continuing illegal mining in the Aravalli hills and gave the Centre a final two-month deadline to arrive at a common definition of the ecologically crucial mountain ranges. A bench headed by chief justice Bhushan R Gavai told a Centre-led committee that it had already missed its original deadline of July 2024 and gave it a 'last opportunity' to complete the task, with no further extensions. The matter has been listed for hearing in July. 'The order is of May 9, 2024. Meanwhile, the states must tell us what action you are taking to ensure illegal mining does not take place,' said the bench, which also comprised justice AG Masih. Senior advocate K Parmeshwar, assisting the court as amicus curiae, painted a grim picture of the situation. 'There is rampant illegal mining going on in Aravalli hills. The regulatory mechanism is messed up. If the states had any interest to protect the Aravalli hills, they should have come out with the report by now.' The committee, comprising the Union environment ministry secretary, forest department secretaries from Delhi, Haryana, Rajasthan and Gujarat, and representatives of the Forest Survey of India, Geological Survey of India and Central Empowered Committee, has sought extensions three times since the original two-month deadline laid down through the May 9, 2024 order. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said the committee had held joint meetings and the report was in its 'last leg of preparations.' The need for a uniform definition arose after the Central Empowered Committee submitted a report showing how the Aravalli hills are either undefined or defined in ways that facilitate illegal mining. A glaring example is Rajasthan's definition that includes only hills above 100 metres as part of the Aravallis, enabling mining activities between 0-99 metres. The court had earlier criticised this '100-metre rule' as very problematic, remarking: 'If the area does not have the support of slopes, the land will become barren. What is the purpose of having some structure as Aravalli with other slopes all ruined.' A 2018 Forest Survey of India report revealed that 31 hillocks had disappeared due to rampant illegal mining, while over 3,000 illegal mining sites were discovered across the Aravallis in Rajasthan and Haryana. The court also addressed applications from miners seeking lease renewals. Senior advocate Maninder Singh, representing marble producers in Rajasthan, said their leases had expired in March and the state had refused renewals citing the May 9 order. 'We are in favour of the report being produced at the earliest. But till then, our livelihoods have stopped,' Singh said. The court clarified that restrictions applied only to new licences, not renewals, and directed states to respond to the miners' applications. Parmeshwar suggested that once the definition is finalised, individual mining applications should consider the carrying capacity of the entire Aravalli range for the next 50-100 years. He also recommended enforcing a ban across the entire range and ensuring no new mining leases are granted. The Aravalli range serves as a crucial climate barrier, blocking eastward winds from the Thar desert and preventing Delhi from experiencing dry, arid conditions. The Supreme Court had banned mining activities across the entire Aravalli region in Haryana and Rajasthan in 2002 after Central Empowered Committee reports indicated that illegal mining had consumed 25% of the range. The court has previously indicated that a balance must be struck between sustainable development and environmental protection.
Hindustan Times
23-05-2025
- Politics
- Hindustan Times
Projects requiring felling of 50 trees or more must obtain CEC clearance: SOP
The Delhi government has issued and notified a new standard operating procedure (SOP) mandating authorities undertaking projects that necessitate the felling of 50 trees or more to obtain clearances from the Supreme Court-appointed Central Empowered Committee (CEC), under the Delhi Preservation of Trees Act (DPTA). The SOP, issued as a gazette notification dated April 24 and submitted to the Delhi high court, modifies the earlier process, wherein only tree officers from the forest and wildlife department had the sole authority to assess such requests. Under the revised protocol, the CEC's approval will now be required in all cases involving 50 or more trees, a move, officials said, aimed at ensuring transparency and compliance with recent court directives. The change comes on the directions of the Supreme Court and Delhi high court, which have raised concerns over the indiscriminate felling of trees and inadequate implementation of DPTA by local authorities. The high court also asked the forest department to be involved in the planning stage of infrastructure projects, to ensure that ecological considerations are built in early. While tree officers will continue to process requests for the felling or transplantation of up to 49 trees, all cases meeting or exceeding the 50-tree threshold will require review and approval from the CEC, in addition to a tree officer's initial permission. The CEC currently reviews all permissions for commercial and tree-felling activities in forests across the country. 'In case of any illicit felling of 50 or more trees, the CEC will be informed by the tree officer within twenty-four hours of receipt of such information,' the SOP said. A senior forest official said there are multiple cases in both the high court and Supreme Court on tree and tree-related felling, stating this SOP is aimed at bringing clarity and a defined structure to the process. 'The courts in the past have asked for an SOP to be devised. The new SOP clearly states for any instance where more than 50 trees will be felled, the permission will have to be given by the CEC, which normally takes a look at forest-related cases,' the official said. According to the notification, tree officers will inspect the project site upon receiving an application and assess whether the felling or translocation of trees is essential. The officer is expected to recommend the bare minimum number of trees that must be removed, after carefully examining the site. The CEC will, in turn, examine all relevant details of the proposal and determine whether the request should be approved as is, modified, or rejected. The committee will also have the power to revise the terms and conditions of any granted permission. The SOP has been formally concurred with by the CEC and is now in effect, officials added. Bhavreen Kandhari, an environmental activist and a petitioner in multiple court cases, seeking the protection of trees in Delhi, said the SOP adds additional layers of paperwork, but these are mostly procedural checkboxes. 'Mature trees are often lost in the name of development, and tree transplantation and compensatory planting don't make up for that loss. CEC's role in reviewing large scale tree felling adds another layer of oversight but it faces the same challenges as the forest department of enforcement, transparency, and scientific compliances. That does not help in protecting the environment as our laws and constitution demands,' she said.
Time of India
22-05-2025
- Politics
- Time of India
Treat Zudpi Jungle as forest land, rules SC, exempts pre-1996 users
Nagpur: The Supreme Court on Thursday settled a long-running legal and ecological dispute involving over 86,000ha of Zudpi Jungle land in Vidarbha. It ruled that while the scrublands qualify as forests under the law, a one-time exception would be made to protect the interests of residents and institutions using the land prior to 1996. Delivering the verdict in a batch of applications linked to the 1996 TN Godavarman ruling, a division bench of CJI BR Gavai and Justice AG Masih accepted Central Empowered Committee (CEC) recommendations. It permitted the Maharashtra govt to seek regularisation of land use changes predating December 12, 1996. The order affects six districts – Nagpur, Wardha, Bhandara, Gondia, Chandrapur, and Gadchiroli – where large swathes of Zudpi Jungle were historically diverted for schools, hospitals, agriculture, and infrastructure without formal reclassification. "The Zudpi Jungle shall be considered as forest lands in line with the SC order of December 12, 1996," the bench held. "As an exception, and without being treated as a precedent, these lands allotted by the competent authority up to December 12, 1996, and for which land classification was not changed, the govt shall seek approval under the Forest (Conservation) Act, 1980 for their deletion from the 'List of Forest Areas'. " The apex court directed the govt to submit consolidated district-wise proposals for such lands. "The govt shall ensure that the land use is not changed in the future under any circumstances and transfer is made only by inheritance," it said. The Centre, on receiving such proposals, has been instructed to grant clearance "without imposing any condition for compensatory afforestation or depositing Net Present Value (NPV) levies". The court also issued stern directions regarding post-1996 land allotments. "The govt shall give reasons why such allotments were made along with the list of officers who made such allotments in violation court's orders. The processing of such allotments shall be done by the central govt only after ensuring that punitive action was taken against the concerned officers under the Forest Act," the bench stated. Zudpi Jungle, historically classified in revenue records as wastelands with shrub vegetation and poor soil, dates back to British-era land settlement documents in the Central Provinces. Despite lacking dense forest cover, these lands were captured by the 1996 judgment's broad definition of forests, which brought them under the Forest Act and stalled both public and private use, triggering a legal and administrative stalemate. To resolve this, the apex court's ruling mandates the Centre and state to jointly devise a streamlined approval mechanism within three months for any legitimate diversion of Zudpi Jungle for non-forestry purposes. "The Zudpi Jungle will not be permitted to be used for compensatory afforestation unless there is chief secretary's certificate regarding the non-availability of non-forest land. In such cases, compensatory afforestation must be carried out on double the area of Zudpi Jungle land, as per the existing the MoEF&CC guidelines," it ruled. To curb further encroachments and misuse, the SC directed formation of a dedicated task force in each affected district comprising a sub-divisional magistrate, deputy superintendent of police, assistant conservator of forests, and a taluka inspector of land records. "They must identify and remove all encroachments made post-1980 within two years. All allotments for commercial purposes post October 25, 1980, must be treated at par with encroachments. " The court said all unallotted Zudpi plots of less than 3ha to be declared as 'Protected Forests'. These fragmented parcels, which cannot be managed as forests, would remain with the govt and cannot be transferred to private entities. In determining forest rights claims on these lands under the Forest Rights Act, 2006, historical satellite imagery has been authorised as a tool to assess eligibility. In conclusion, the court noted that while environmental protection remains paramount, the legacy of bureaucratic inaction and the socio-economic dependence of communities on these lands warranted a calibrated legal remedy. It tasked the CEC with monitoring the implementation of all directives and filing periodic progress reports. "We reiterate to the state govts and Union Territories to take steps to take possession of the land from the persons/institutions and hand over the same to the Forest Department. In case it is found that taking back the possession of the land would not be in the larger public interest, the state govts/Union Territories should recover its cost from the persons/institutions in occupation thereof and use that amount for the purpose of development of forests," the bench said.
