Union Ministries to hold talks on Pampa sand removal issue

To look into the overriding impact of two Acts

The Union Ministry of Environment, Forest and Climate Change (MoEFCC) will hold consultations with the Union Ministry of Home Affairs on whether the Disaster Management Act, 2005, has an overriding effect on the Forest Conservation Act, 1980, in the case related to the removal of sand from Pampa river.

The Southern Bench of the National Green Tribunal (NGT) had set up an expert committee after it took suo motu notice of The Hindu report ‘Forest dept. told to permit sand removal from Pampa’ published on May 30 last year. The tribunal had sought the view of MoEFCC as to whether permission under the Forest Conservation Act is required for such activities

It was also asked whether the Disaster Management Act will override the environmental laws. The removal of sand from the banks of the Pampa had turned into a controversy after the Opposition accused the Left Democratic Front (LDF) government of having used flood preparedness as a cover to bypass the Forest Conservation Act.

In its affidavit filed before the tribunal, a senior official of the MoEFCC said that it had been decided to hold a consultation/meeting with the Ministry of Home Affairs and form joint views of the Government of India in order to ensure that both the Acts are harmoniously implemented. “It will take some time to come to a common and rational view, which upholds and ensures that the objectives of both the Acts are fulfilled,” it said.

The MoEFCC stated that ‘land’ was a subject matter of the State government. The forest areas and the legal boundaries thereof are determined and maintained by the State government concerned. It had the primary responsibility to determine the status of any parcel of land, giving due regard to gazette notifications, provisions under the State and Central Acts, and the judgements and directions of the Supreme Court, it said.

In its earlier affidavit submitted before the tribunal in October, the Ministry had stated that prior approval of the Central government was required for carrying out any non-forestry activity on forest land.

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