Environment Protection Act Passed At Instance Of 'Foreign Powers', Says NHAI; Karnataka High Court Takes Strong Objection

The Karnataka High Court on Monday took strong exception to a statement made by the National Highways Authority of India (NHAI) that the Environment Protection Act 1986, has been passed by the Parliament "at the instance of foreign powers." The statement of objection in this regard reads thus "Whereas the decisions were taken at the United Nations conference on the Human Environment held at Stockholm in June 1972, in which India participated to take appropriate steps for the protection and improvement of the Human environment. Hence the Act has been passed not only for the protection of environment but also at the instance of foreign powers."The NHAI also said that many NGOs are filing PILs at the instance of 'foreign powers' The bizarre claim has been made in the statement of objection filed by R B Pekam, working as Deputy General Manager (T) in the regional office of the National Highways Authority of India, Bangalore. The reply was filed while opposing a petition filed by United Conservation Movement Charitable and Welfare Trust , through it advocate Prince Isac, challenging the notification dated August 22, 2013 issued by the MoEF &CC, which recommends exemption of EIA process for expansion of National Highways. A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum took strong exception to the affidavit, it said: "We are shocked to know approach of agencies and instrumentality of the state, they want the court to believe that entire exercise of framing the Environment Protection Act is undertaken at the instance of Foreign powers."After noting that the the statement has invited the Court's displeasure, the NHAI sought to withdraw it. But the bench observed in the order :"We cannot casually allow withdrawal of statement of objection in which bold stand is taken by NHAI on oath, that Environment Protection Act, is not only for protection of environment but at instance on foreign powers." It added that: "The entire objection proceeds on the footing that PIL is initiated by organisations working in the field of environment with hidden aims." The court said : "Needless to say that NHAI is the creation of NHAI Act and it is an agency and instrumentality of the state. We direct the Chairman of NHAI to nominate a very senior officer, to look into the statement of objections filed by NHAI before this court." It added : "NHAI being an agency and instrumentality of the state is under obligation to explain to the court procedure if any adopted for finalizing the statement of objection filed before the court. Considering the seriousness of the issue we hope and trust that the Chairman of NHAI will entrust the inquiry to a very senior officer into the entire episode of filing statements of objections." The bench also said that "If NHAI does not want to support the stand taken already in the statement of objection, it must come clean before the court and state what action it has taken against the person filing such objections." The court said that "Whether the petition has merit or not NHAI must be saddled with exemplary cost. We are not passing any order today as we are awaiting the report of the higher officer appointed by the Chairman of NHAI."The court rejected the prayer made by the counsel for NHAI to permit him to withdraw the statement of objection, unless a proper application is made, by higher officers of NHAI after carrying out an inquiry as aforesaid and after making a proper ground, seeking withdrawal of the statement of objections. The bench said "Don't be under the impression that we will easily allow withdrawal of this objection. This is scandalous."Before concluding Chief Justice Oka said "I have been a judge of HC for 17 and half years and have not seen such obnoxious statements presented by a public sector undertaking before the court."The report on inquiry made by the officer appointed by the Chairman has to be filed before the court in a sealed envelope by January 31. The matter has been posted for further hearing on February 2.Petitioner acting with foreign vested interest, NHAI allegesAnother allegation made in the reply states that many NGOs are filing petitions at the instance of foreign powers. In this regard the objection reads thus: "It is submitted that there are many organisations in India calling themselves as Environmental Action Groups and Human Rights Groups, such as Amnesty International etc, which are actively involved in attacking developmental projects and challenging the government policies and notifications and doing anti-national activities. There are many NGOs receiving funds from foreign sources and church funds in contraventions of laws." The statement of objection has also alleged that NGO Wildlife First Trustee, filed a petition before the Apex court (Wp Civil 109/2008) and obtained a stay order from the apex court on the eviction of lakhs of so called scheduled tribes and...

Environment Protection Act Passed At Instance Of 'Foreign Powers', Says NHAI; Karnataka High Court Takes Strong Objection

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HC termed the statement 'scandalous'.

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