When Auroville development - blocked for decades by resident foreign-origin extreme environmentalists and their Indian disciples - was restarted by the new Governing Board and Secretary by taking forward the construction of an arterial road in December 2021, the opponents obstructed the work and obtained a stay order from the National Green Tribunal, Chennai (NGT). Though NGT allowed the completion of the important road, it invoked the Forest Conservation Act 1980 (FCA) and treated the areas meant for city development as deemed forest prohibiting the cutting down of trees for further developments. Even though the masterplan of Auroville has 50% of its city area allotted as green or open, which is a model for the world, the NGT wants an Environmental Impact Assessment to be done.
Thursday, 9 November 2023
Auroville's development cannot be blocked anymore by labelling it as deemed forest
I wrote on Auronet (Auroville's internal online forum) a year ago that an initiative is to be taken by Auroville Foundation to get the Forest Conservation Act amended. Some months later there was a visit to Auroville by the Minister for Environment, Forest and Climate Change. The Ministry moved the amendment bill in the Parliament in July this year where it was passed and the President gave her approval on 4th August 2023.
Not finding the necessary gazette notification on the Bills & Acts page of the eGazette, I had been checking the website and messaging the Minister of Environment, Forest and Climate Change to publish it. I also emailed eGazette just yesterday at their public email address: op-dep@nic.in.
I found the Gazette notification today by using the search engine on the website. It is listed under the Ministry of Law & Justice and was published on 5th August 2023.
I feel it is due to the Divine Grace for Auroville's realisation that this has happened. Copied below is the text from my article "Draconian FCA goes to the Parliament for amendment" (posted on Auronet on 25th July 2023, when the bill was just passed by the Loksabha) explaining how this helps Auroville:
"The Amendment Bill re-names the FCA (1980) as "Van (Sanrakshan Evam Samvardhan) Adhiniyam" [V(SES)A, 2023] which includes a new section 1 (a) according to which the Act will be applicable only to lands that have been “recorded in Government record as forest, as on or after the 25th October 1980”. The “expression "Government record" means record held by Revenue Department or Forest Department of the State Government or Union territory Administration, or any authority, local body, community or council recognised by the State Government or Union territory Administration”.
"According to another new clause 2 (c) “tree, tree plantation or reafforestation raised on land” that are not “recorded in Government record as forest” since 1927 till now will not be covered under the provisions of the Act.
"The above clauses may nullify the restrictions and blocks imposed by the National Green Tribunal (NGT) on Auroville which treated parts of its planned city area as a deemed forest by applying the provisions of FCA, 1980. Lands in Auroville’s Masterplan that have not been “recorded in Government record as a forest” and where trees, tree plantation or afforestation has been raised may be exempt from the Act."