(UNI) Two prominent organisations – the Maitspharang and the Jaintia Youth Federation (JYF) decided to file a Public Intrest Litigation in the high court against the Meghalaya government for amending the Meghalaya Forest Regulation Act.
The two organisations claimed that the Meghalaya Forest Regulation (Amendment) Bill, 2012 was and passed in the assembly was in favour of the cement companies operating the state by flouting the Forest Conservation Act 1980.
Forest and environment minister Prestone Tynsong had tabled the Meghalaya Forest Regulation (Amendment) Bill, 2012 last year in Assembly and the bill was passed.
Various organisations, including Maitshaphrang, JYF and the Federation of Khasi, Jaintia and Garo People (FKJGP) have opposed the bill but in January this year, the Governor RS Mooshahary gave his assent to the bill.
‘We will soon file a PIL in the Meghalaya high court against the state government for tabling the MeghalayaForest Regulation (Amendment) Bill, 2012, which redefines the definition of Forest,’ Maitshaphrang convener Michael Syiem told reporters.
The amendment forest act defines forest area if it is a compact or continuous tract of minimum four hectares of land, irrespective of ownership, where more than 250 naturally growing trees per hectare (250 trees per hectare x 4 hectares = 1000 trees) of 15cm and higher diameter of height are present or more than 100 naturally growing bamboo clumps per hectare are present.
However, the existing United Khasi-Jaintia Hills Autonomous District (Management and Conservation of forests) Act, 1958 clearly defines forest as ‘an area with not less than 25 trees per acre.’
Slamming the State government for not taking action against the cement companies in Jaintia Hills, the JYF and Maitshaphrang quoted a report of the Joint Inspection Team (JIT) already submitted to the State government which has stated that nine cement plants in Jaintia Hills have been found violated the FC Act 1980.
The JIT constituted in July 2011 for a probe into the alleged violation of environmental norms by the cement plants comprised of Meghalaya chief conservator of forest (CCF) CP Marak and additional principal chief conservator of forest (APPCF) of the Union ministry of environment and forest (MoEF) Regional Office, BN Jha.
Mr Syiem informed the JIT has stated in its report that the cement companies were found operating in forest land of 838 hectares while 1,140 hectares already acquired by the cement companies was yet to be surveyed and ascertained if it is forest land or not.
The nine companies included Adhunik Cement, Amrit Cement Industries, Cement Manufacturing Company Ltd, Meghalaya Cement Ltd, Cosmos Cement, Green Valley Industries, Goldstone Cement, Hills Cement, JUD Cements.
‘Instead of taking action against the erring cement companies indicted by the JIT, the State government came out with an amendment on definition of forest which was nothing but to shield the cement lobbies. If this (act on forest definition)is not stopped, more and more forest cover of the state will be depleted,’ Mr Syiem stated.
He also urged the Meghalaya government to initiate action against the erring cement companies with reference to the Supreme Court judgment on the Lafarge Umiam Mining Private Limited (LUMPL) case where the Apex Court had passed on July 6, 2011 with certain guidelines on matter relating to forest.
As per the Supreme Court ruling on the Lafarge case, Mr Syiem said, any company which violated the forest norms has to initiate compensatory afforestation for regeneration of forest area besides money for taking up socio-economic activities.
In the case of the violation of forest norms by the cement companies in Jaintia Hills, the JYF and Maitshaphrang demanded that compensatory afforestation should be raised over double (838 hectares x 2 = 1676) the forest land diverted at the rate of Rs 50,000 per hectare.
‘Payment for penal compensatory afforestation for the total broken up area which was cleared of all trees for setting up the cement plants and mining areas at five times (total broken up area x Rs 50,000 per hectare x5),’ Syiem said.
They also demanded that payment should be made for the net present value at Rs 8 lakh per hectare (Rs 8 lakh x 838 hectare) and the state government should fix responsibility against all those officials for violation of FC Act and take appropriate disciplinary action. UNI
