The Southern Bench of National Green Tribunal (NGT) on Wednesday gave the go-ahead to Kerala’s proposal to undertake development works in Periyar Tiger Reserve, pointing out that National Tiger Conservation Authority (NTCA) had already approved the works.
Tamil Nadu has been opposing the project, which also includes construction of a parking lot in the area abutting Mullaperiyar dam, claiming that the construction falls within its leased area and the water spread area of the dam, and hence will affect the ecology of the region.
The bench, comprising Justice M.S. Nambiar and expert member P.S. Rao, in its order held that the proposed construction activity in the area for tourism purposes was as per Tiger Conservation Plan (TCP) and in conformity with National Wildlife Action Plan.
The bench observed that the NTCA was a statutory body headed by the Minister for Environment and Forests and comprising responsible authorities and experts in the field as members.
“When they examined the draft management plan and approved the TCP, including the development of tourism activities, we cannot agree with the argument put forth by the applicants that such activities attract the provisions of the Forest (Conservation) Act, 1980, and therefore necessary clearance has to be obtained,” the judgement said.
The order said tourism activities in the TCP had been approved by the competent authority, and “we hold that such activities do not amount to diversion of forest land and utilisation of forest land for non-forest purpose attracting the provisions of the Forest (Conservation) Act, 1980”.
The bench also said there was no necessity to get a further approval from the MoEF & CC, since the Chairperson of the Forest Advisory Committee (FAC), who decided forest clearance proposals, was also a member of the NTCA that approved the TCP.
Sources in the Tamil Nadu government told The Hindu that they were likely to go on appeal in the Supreme Court and could make a mention on Thursday.
Published - November 16, 2017 12:50 am IST
