For new mine, Rajasthan PSU seeks to cut 4.48 lakh trees in Hasdeo-Arand forest
Hey there, future lawyers! This news piece is a classic environmental law vs. development debate, super relevant for your CLAT prep. So basically, Rajasthan's power company, RVUNL, wants to clear over 4.48 lakh trees in Chhattisgarh's Hasdeo-Arand forest for a coal mine. This forest is a vital ecosystem, home to endangered species and tribal communities. Here's the thing, this raises serious questions about Article 21's Right to a Healthy Environment, especially with the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 governing forest diversion. The Chhattisgarh Bachao Andolan is challenging RVUNL's claims, like in the M.C. Mehta v. Union of India cases, where environmental protection often clashes with industrial needs. Bottom line for the exam, remember the balance between sustainable development and environmental protection, a recurring theme in legal studies.
Rajasthan’s state-owned electricity producer Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL) has sought to divert 1,742.6 hectares of prime forest and fell 4.48 lakh trees in central India’s green lung Hasdeo-Arand forest for its Kente Extension coal mine in Chhattisgarh’s Surguja district. It has proposed compensatory afforestation on existing forest land elsewhere in the state, official documents show.
RVUNL was allotted the coal block in October 2015 for captive use of coal at its Chabbra coal plant and Suratgarh coal plant. Adani Group is the developer and operator of the coal mine.
On Friday, the Forest Advisory Committee (FAC) of the Environment Ministry, which grants approval for diversion, will appraise the PSU’s proposal.
The Hasdeo-Arand forest spans the Korba, Surguja and Surajpur districts in Chhattisgarh. It is home to dense Sal forests besides nine Schedule – I species, including leopards, sloth bears and elephants, which are accorded the highest level of protection under the country’s wildlife law. It is also a catchment for the Hasdeo River and Bango Dam, and a dispersal corridor for tigers.
The Parsa and Parsa East Kete Basan (PEKB) open cast mines are already operational in this high-conservation zone forest, which was once earmarked as a no-go zone during the United Progressive Alliance (UPA) era.
In a recent communication to Centre, RVUNL had justified felling a new forest area for the mine, claiming that it needs more coal, adding the Kente extension block will meet “future requirement of said projects.”
This has, however, been disputed in representations sent to the FAC on Wednesday by the Chhattisgarh Bachao Andolan (CBA) – a grassroots movement of civil society, tribal groups and activists working to protect the forests in Hasdeo.
Spread over 1.7-1.75 lakh hectares, the Hasdeo-Arand spans the Korba, Surguja and Surajpur districts in Chhattisgarh. It is home to dense Sal forests besides nine Schedule-I species, including leopards, sloth bears and elephants. It is also a catchment for the Hasdeo River and Bango Dam, and a dispersal corridor for tigers. Its forests are considered a vital resource for the tribal communities.
The Central Electricity Authority, the CBA said, has revised Rajasthan’s electricity requirements for the period up to 2035-36 to 16,561 MW from the previously projected 20,532 MW. “The project proponent’s justification for seeking clearance… is misleading…appearing to serve narrow, undisclosed interests rather than genuine public need,” the CBA flagged to FAC.
Submissions made by RVUNL to the Ministry have proposed compensatory afforestation over 3,236.08 hectares.
Under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, non-forest land is the first preference to compensate for the loss of a forest, and use of degraded forest or other types of land for afforestation has to be justified. Further, in case of non-availability of non-forest land, compensatory afforestation can be raised over revenue forest lands, that is land recorded as forest in the records but not notified as forest under any law and not managed by the forest department. Revenue lands, orange forest lands fall in this category. They have to be mutated and transferred in the name of the state forest department.
In March, the Ministry had flagged that compensatory afforestation has been proposed over forest land and Orange (or revenue forest) land in 81 patches covering 3,236.08 hectares, out of which 1,051 hectares is classified as moderately dense forest as part of the project.
In response to queries sent by The Indian Express, RVUNL said, “…the proposal has been submitted strictly in accordance with the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and the Consolidated Guidelines issued by the Ministry on 29.12.2023.”
An award-winning journalist with 14 years of experience, Nikhil Ghanekar is an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He primarily covers environmental policy matters which involve tracking key decisions and inner workings of the Ministry of Environment, Forest and Climate Change. He also covers the functioning of the National Green Tribunal and writes on the impact of environmental policies on wildlife conservation, forestry issues and climate change.
Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has worked in publications such as Tehelka, Hindustan Times, DNA Newspaper, News18 and Indiaspend. In the past 14 years, he has written on a range of subjects such as sports, current affairs, civic issues, city centric environment news, central government policies and politics.... Read More