NEW DELHI: Key projects of the Ministry of Environment and Forests are stuck in a legal logjam. Over 2,000 cases, including over 200 that involve mega projects, are pending in various courts with some as old as over 20 years. The unavailability of law officers to represent the ministry in court has further complicated matters and invited the ire of courts.
Concerned over the huge pendency, the ministry is now in the process of roping in some top law firms as legal consultants. It recently empanelled the renowned law firm Amarchand Mangaldas to draft amendments in India’s six major environment laws. The need to have the laws tweaked was felt after the ministry received flak for hurriedly reviewing laws proposed by the TSR Committee.
Last week, MoEF secretary Ashok Lavasa held a meeting of senior ministry officials and sought a complete detail of the pending court cases. The secretary also sought details and status of committees constituted as a result of directions from various courts.
“Secretary directed that details of all pending court cases in pollution control division be submitted to him immediately. Action for empanelment of three-four firms as legal consultant for the ministry may also be taken,” the minutes of the July 20 meeting said.
“There were very few legal officers to handle MoEF cases which led to pendency but now we are in process of hiring, so things will be better in coming days,” Environment minister Prakash Javadekar told The Sunday Standard.
Javadekar agreed there has been huge pendency which is hampering the clearance of infrastructure projects and blames it on the shortage of law officers. He assured that things were improving as the ministry was in the process of hiring law firms.
The Prime Minister’s Office has also taken cognizance of pending court cases of the MoEF, which involves either huge land or billions of rupees. The PMO in a communication to the ministry had said that several key initiatives are getting derailed or severely delayed as some related matters are pending before the courts.
For instance, a case related to definition of forests which could affect the forests across the country is pending with the apex court. Also, funds worth around Rs 38,000 crore meant for afforestation are blocked due to a case in the Supreme Court.
The apex court is also hearing a case related to scrapping of least 23 hydropower projects in upper reaches of River Ganga in Uttarakhand, which had come under scrutiny after the June 2013 Uttarakhand floods. The National Green Tribunal (NGT) has also pulled up the ministry for failing to check illegal sand mining and air pollution in Delhi.
Another major case which is pending with the apex court is regarding formation of a national environment regulator. The regulator is expected to appraise projects, enforce environmental conditions for approvals for them, impose penalties on polluters and implement the National Forest Policy.
Explaining the main reason behind such high number of cases, an environment ministry official said unlike other ministries, MoEF handles issues which cut across different streams—urban development, industries, river cleaning, oil and petroleum, aviation and road transport, among others.
“We are now taking measures to tackle the situation. It has been decided to hire three-four firms for such whopping number of cases. Issue of non-representation of ministry in courts and tribunals has been viewed very seriously by the minister and all efforts are being made to avoid that at any cost. Representation of ministry in courts and progress made is being closely monitored,” said the official, who claimed things have slightly improved in the past few months.
The NGT had on several occasions last year pulled up the ministry and also imposed costs on it twice for absence of its counsel in several matters. Afterwards, senior ministry officials as well as an Additional Solicitor General had appeared before the tribunal and assured the tribunal that the MoEF will be properly represented.