NGT orders status quo on Challakere projects

In a decision, being described as unprecedented and significant, the National Green Tribunal has ordered a status quo on all project activities proposed in the ecologically-fragile Amrit Kaval grasslands of Challakere taluk in Chitradurga district. More than 10,000 acres of this grassland had been diverted by the Karnataka government for nuclear, defence and scientific projects.

On Wednesday, the National Green Tribunal (South Zone), Chennai, comprising Justice P Jyothimani and expert member R Nagendran, issued the directive on the interim prayers filed in applications by the Bangalore-based Environment Support Group (ESG).

The organisation had complained that Defence Research Development Organisation (DRDO), Indian Institute of Science (IISc), Indian Space Research Organisation (Isro), Bhabha Atomic Research Centre (BARC), Karnataka Small Scale Industries Development Corporation (KSSIDC), and Karnataka Housing Board (KHB), among others, had commenced project activities in these ecologically sensitive areas in violation of laws protecting the environment, wildlife and forests, besides people’s rights.

The tribunal, in its order, also directed the Karnataka State Pollution Control Board (KSPCB) to review pending applications for clearances sought from project proponents in due accordance with law over the next fortnight. The case has been posted for hearing on September 17.

The NGT’s directive came after ESG submitted a detailed critique of the report of the fact-finding committee that had been constituted bt the tribunal earlier to look into the allegations.

ESG’s counsel submitted that, notwithstanding several inconsistencies in the findings of the two-member committee, an indisputable and uncontested fact remained that the area diverted to various environmentally risky projects were grassland ecosystems. This, as per the Karnataka Forest Act, are deemed district forests.

The ESG’s submission included critiques of the committee’s report by well-known environmental scientists. The comments included those by Darshan Shankar, board member of the National Biodiversity Authority, and K Ullas Karanth, noted conservationist.

Therefore, the entire diversion was in blatant contravention of the Forest Conservation Act, and an earlier Supreme Court directive, since no prior permission had been sought from the Central Empowered Committee (CEC) appointed by the apex court.

Moreover, the project proponents had commenced activities without securing any clearance under any environmental and pollution control laws of India. Thus, ESG argued, this was a fit case to grant interim prayer of stay on ongoing activities.

The fact-finding team, comprising S Ravichandra Reddy, retired professor of ecology, Bangalore University and KV Anantharaman, deputy director of Central Silk Board, Bangalore, was constituted on March 21 based on applications filed before the tribunal in February.

The applicants had pointed out that the state government had violated various forest, biodiversity and environmental protection laws while diverting about 10,000 acres of Amrit Mahal Kaval for defence, industrial and infrastructure development projects.

All this, it was alleged, had been done without any statutory public hearings and in total secrecy, thus violating the principle of free, prior and informed consent that forms the basis of various environmental and human rights protection laws.

The fact-finding committee, which held public hearings and met stakeholders, submitted its report to the tribunal last month. Its report, however, is being seen by many as faulty.

According to ESG, “The committee has uncritically leaned comprehensively on the claims of the project proponents as though they were facts and produced a report that does not in the least meet the expected standards of scientific reasoning and logical analysis.

None of the submissions made by impacted communities and various environmental and social action groups have been considered meaningfully and critically.”