Context:

• The recent post-facto environmental clearance granted to a private university on protected Aravali land in Haryana marks a significant shift in India's environmental governance. This decision, the first of its kind in Haryana since the 2023 amendment to the Forest Conservation Act, raises important questions about the balance between development and environmental protection.

Key Points:

• The Ministry of Environment, Forest and Climate Change has granted post-facto environmental clearance to a private university constructed on protected Aravali land in Haryana.
• This clearance marks the first instance in Haryana where a project has received post-facto approval since the Forest Conservation Act was amended in 2023.
• The decision has garnered significant attention due to its implications for environmental governance and regulatory practices in India.
• The private university occupies 13.6 hectares of land, which falls under the Punjab Land Preservation Act (PLPA), 1900. This legislation restricts activities such as deforestation, land fragmentation, and resale without prior governmental approval.
• Construction of the university began in 1998, and despite the legal restrictions, it was completed before the project applied for post-facto environmental clearance in November 2023. The application for clearance was made through the government’s Parivesh portal, reflecting a procedural shift enabled by the recent amendment to the Forest Conservation Act.

Forest Conservation Act Amendment :

• The Forest Conservation Act amendment, which came into effect recently, introduced provisions allowing the central government to grant ex post facto clearances. This means that projects commenced without prior environmental approvals can now seek retrospective approval.
• The amendment has sparked debate among legal experts and environmentalists who argue that it undermines the foundational principle of environmental law, which emphasizes obtaining necessary clearances before project initiation.
• In addition to this, concerns have also raised that this practice could encourage increased commercial exploitation of forest areas and erode protections established by previous legal precedents.

Approval process

• The approval for the university project was granted by an eight-member committee within Ministry of Environment, Forest and Climate Change , which evaluated the project’s impact and necessity.
• The committee justified the decision by emphasizing the importance of the university in providing educational access in the region and concluded that there were no viable alternatives that would avoid using forest land.
• Conditions imposed on the approval include:
  • The university must designate an equivalent area of non-forest land for compensatory afforestation to offset the environmental impact.
  • The development must ensure that the land use does not interfere with national parks, wildlife sanctuaries, or reserved areas.

Environmental and Legal concerns

• Critics have argued that the post-facto clearance mechanism could lead to potential abuse, allowing unauthorized constructions in sensitive ecological zones to be legitimized retroactively.
• Environmentalists have cautioned that designating such projects as "exceptional" could result in arbitrary decision-making and weaken the enforcement of environmental regulations.
• Notably, the Supreme Court has previously ruled against constructions that alter land use in forest areas, reinforcing the need for strict adherence to environmental laws. Recent judicial suspensions of government orders facilitating similar ex post facto clearances for mining projects have highlighted the judiciary’s concern about the implications of such approvals.

Conclusion

• The post-facto approval of the university on protected Aravali land represents a significant development in India’s environmental governance framework. It highlights the tension between developmental needs and the preservation of natural heritage.
• The ongoing scrutiny from legal and environmental advocates will be crucial in shaping the future of such approvals and maintaining the integrity of environmental laws in India. In this regard, balancing developmental aspirations with ecological conservation is the need of the hour and remains a critical challenge for policymakers and stakeholders alike.

The Forest (Conservation) Act

• The Forest (Conservation) Act, 1980  is a pivotal piece of legislation in India aimed at conserving forest resources and regulating their use.
• Enacted by the Parliament of India on October 25, 1980, the Act was a response to the alarming rate of deforestation and environmental degradation occurring across the country. It establishes a framework for the protection of forests and outlines the conditions under which forest land can be diverted for non-forest purposes.

Objectives of the Act:

• Conservation of Forests: To protect the ecological balance by conserving forests and their biodiversity.
• Regulation of Land Use: To restrict the conversion of forest land for agricultural, commercial, or any other non-forest purposes without prior approval from the central government.
• Sustainable Management: To promote sustainable management of forest resources, ensuring that any development does not compromise the integrity of forest ecosystems.

Penalties for Violations:

• The Act imposes penalties for violations, including imprisonment and fines for those who contravene its provisions, reinforcing the seriousness of compliance.

Importance of the Act

• Environmental Protection: It plays a significant role in preserving biodiversity and protecting ecosystems that are vital for the survival of numerous species.
• Climate Change Mitigation: By conserving forests, the Act contributes to carbon sequestration, helping mitigate climate change.
• Sustainable Development: It balances development needs with environmental conservation, ensuring that economic growth does not come at the expense of ecological health.

Challenges and criticism:
 

• Implementation Issues: There are often gaps in enforcement, leading to unauthorized deforestation and land use changes.
• Post-Facto Clearances: Recent instances of post-facto approvals, such as the controversial university built on protected Aravali land, have raised alarms about the potential for misuse of the Act and the weakening of forest protections.
• Balancing Development and Conservation: The ongoing debate about the amendments reflects the tension between developmental pressures and the need for stringent forest conservation measures.