The Supreme Court on Monday asked the ministry of environment and forests to set up a national environment regulator with offices in every state to ?appraise and monitor? the process for granting green clearances and how the regulations are complied with.
Industry expects the move to make the process, now fraught with uncertainties and huge delays, more transparent and efficient. At present, more than 4,600 proposals are pending with the forest advisory committee (FAC) for final clearance. Seventy-five coal projects are awaiting environmental appraisal committee (EAC) clearance including Neyveli Lignite?s project in Bikaner, while 20 thermal power projects like Tata Power?s two projects in Orissa and Maharashtra are waiting for the final nod. Similarly, there are 122 industrial and 91 mining projects awaiting the EAC nod.
The SC wants the new regulator to be a neutral umpire that would appraise the clearances given by the ministry through its EAC and FAC.
As per an earlier plan by the environment ministry, the two committees were to be subsumed in the regulator which would grant clearances.
?It was felt that the current procedure is inadequate and one more layer of scrutiny was required. The proposed regulator will be the ultimate authority when it comes to clearances over and above the existing regulatory regime. It will comprise members with technical expertise. However, one would have to approach the National Green Tribunal to challenge any clearance or its denial,? said Haris Beeran, a Delhi-based lawyer.
A three-judge green bench of the apex court headed by justice AK Patnaik directed the central government to appoint a regulator with offices in as many states as possible as directed earlier in the case of Lafarge Umiam Mining.
The Centre had also been asked to file an affidavit along with the notification appointing the regulator in compliance of the Monday?s direction by March 31.
Rejecting solicitor general Mohan Parasaran?s argument that the central government alone is the regulator, it said that the present mechanism under the Environment Impact Assessment (EIA) Notification of September 2006, ?issued by the government with regard to processing, appraisals and approval of the projects for environmental clearance, is deficient in many respects and what is required is a regulator at the national level having its offices in all the states which can carry out an independent, objective and transparent appraisal and approval of the projects for environmental clearances and which can also monitor the implementation of the conditions laid down in the environmental clearances?.
The court said that a tribunal is basically an authority that reacts to a given situation brought to its notice whereas a regulator is a proactive body with the power conferred upon it to frame statutory rules and regulations.
Another reason for having a regulatory mechanism in place is that identification of forest area is solely based on the project proponent who, as per the current procedure, has to get an EIA done by an expert body or institution based on which the state or central government takes further action. ?However, at times the court is faced with conflicting reports,? the order said.
The regulator can exercise only such powers and functions of the central government under the Environment (Protection) Act as are entrusted to it and will ensure that the National Forest Policy, 1988, is duly implemented, the apex court said. However, it clarified that the regulator cannot exercise the powers of the central government under Section 2 of the Forest (Conservation) Act, 1980, which deals with tribals? rights over forest land.
86 min: Costa knocks a pass to Casemiro, who finds Jesus in the area. The striker’s crowded out by three Costa Rica defenders.
People have gone crazy over Neymar unnecessary dive when he could have taken a shot.
79 min: Bjorn Kuipers runs to the side of the pitch, has a look at the screen, runs back to the Costa Rica area and overturns his decision! He’s decided that there wasn’t sufficient contact on Neymar! Brazil can’t believe it. Neymar’s day gets worse.
72 min: Brazil break and Coutinho tries to release Jesus. Gamboa steps in but his intervention inadvertently sends Neymar away. He zips inside, opens up his body and curls the ball high and wide from 20 yards, with only Navas to beat.
67 min: Roberto Firmino is in.
52 min: Costa Rica finally relieve some pressure and acquaint themselves with the Brazil half. Not for long, though. Brazil soon retrieve possession. There’s a different feel to this game already.
46 min: Brazil get the second half underway. Tite shared my opinion of Willian’s performance. The winger has been replaced by Juventus’s Douglas Costa.
And so a disappointing first half comes to an end. Costa Rica will be happy but Brazil’s frustration is palpable. Neymar has to be led away from an angry disagreement with Bjorn Kuipers, the Dutch referee who has given him barely any decisions in the first 45 minutes.
44 min: Fagner picks out Neymar with a ball from right to left. He falls over and the flag’s up for offside. He looks so far off the pace.
39 min: Willian sends in a corner from the right. Paulinho tumbles, claiming he’s been wrestled to the ground in the Tunisian style. Nothing doing.
31 min: Neymar tricks his way past and falls on the edge of the area. It looks like he’s been scythed down but the referee waves his appeals away. Neymar buries his face in the turf. There’s no point whinging, though. He drags himself to his feet and tests Costa Rica again. He twists and turns on the left, leaving a defender on his backside, but Jesus is offside when Neymar crosses.
25 min: A cross from Neymar drifts out of play for a goal-kick. There are a few derisive whistles from the crowd.
20 min: Coutinho, who’s had a quiet start, tries to release Jesus. The pass is too heavy, though, and it runs through to Navas
13 min: Brazil have dozed off a bit, Neymar guilty of giving away a free-kick on the right after taking a heavy touch. Costa Rica attack and Gamboa tears down the right flank, storming past a surprised Marcelo before cutting the ball back into the area. Borges arrives. His eyes light up. This is a wonderful opportunity! But he clips the ball wide of the far post from 12 yards!
10 min: The free-kick’s too far to the right for Neymar to shoot. He clips it into the middle and Gonzalez heads the ball clear.
5 min: Urena hares after a sweeping long pass from Bryan Ruiz, but Thiago Silva slides in to tackle Costa Rica’s lone forward.
Peep! Costa Rica, all in white and kicking from right to left in the first half, get the game underway. Brazil are in their blue away kit. Neymar’s hair is still dyed blond, in case you were wondering. I’ll be sure to blame his hair if he has a bad game. I’m still auditioning for a place in the Proper Football Men club
Here come the teams. We’ll have some anthems and then some football.
Achilles ‘The Oracle Cat’ has predicted backed Brazil to win against Costa Rica. Offered a choice of two bowls of food, the clairvoyant cat chose the one with the Brazilian flag. A safe choice, perhaps, given his fellow psychic Timon the meerkat incorrectly predicted that Denmark would beat Australia on Thursday. That game ended 1-1. Achilles lives in St Petersburg’s Hermitage museum and is deaf, which according to his caretakers, helps him go about making predictions without distractions
Costa Rica will be out if they make it two defeats from two. Why? Because Brazil would be on four points. Then Serbia and Switzerland meet tonight. Serbia will move to six points with a win and four points with a draw. Switzerland will be on four points if they win. Uh oh! A draw here will keep Costa Rica’s hopes alive, although a win would be better. That’s not asking too much, is it? Even though they trail 9-1 in the head-to-head record and haven’t tasted victory over Brazil since a 3-0 win in Panamerican Championship in 1960. Hmm. History isn’t on their side.
Brazil have made one change. With Danilo out of the World Cup due to an injury, Fagner will be playing as the right-back. One thing that I still fail to understand is, why Tite is not playing Marquinhos ahead of Miranda. The former and Thiago Silva have been club-mates for over three years now and they would have a better understanding. The same policy has been followed by Uruguay. Oscar Tabarez has been playing Gimenez and Godin together as centre-back and the Atletico Madrid duo has been solid at the back.
So the scenario is, if Brazil lose today, they get closer to exiting the world cup- something Argentina are well aware of after 3-0 loss against Croatia. Phillipe Coutinho helped Brazil to that draw against Switzerland in their Group E opener, but the Barcelona midfielder is acutely aware the seleção will need to up their game to ensure victory against Costa Rica in St Petersburg.