National Environment Regulator
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Background (Free
Available)
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Mandate for the National Environment Regulator
(Free Available)
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Lafarge Umiam Case (Free
Available)
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There has been a growing concern over the management of the
ecological issues in India. While India has committed to maintain a threshold of
33% of the total land area under forest cover, there have been severe lapses due
to the increasing number of mining and developmental projects.
In this context, the Supreme Court of India has been acting
proactively to promote the ecological concerns in India. Thus, the Court has
been pushing for the establishment of a National Environment Regulator, to act
as the watchdog over the various issues of environmental protection.
While the Court has been pushing for the regulatory agency for sometime now,
the issue has gained substance recently.
Background
Back in 2011, the Supreme Court directed the Center to
appoint a National Regulator to oversee the implementation of forest policy in
India. The Court also rejected the contentions over the requirement of such a
body, asserting the immediate need to have one.
A three-judge Bench, headed by Justice A. K. Patnaik, also ordered the Center
to file an affidavit on compliance of its order latest by March 31, 2014.
The Bench stressed the need to set up the regulatory body,
rejecting the plea of the Ministry of Environment and Forests (MoEF) that there
was no need to appoint a regulator to oversee the implementation of forest
policy. The Bench also made it clear that the clearances under the Forest Act
would be granted by the MoEF but the regulator will see the implementation of
the Forest Policy of 1998.