CENTRAL EMPOWERED COMMITTEE

In I.A 296 heard on 12-4-2000, the Supreme Court considered the feasibility of constituting a National Level Committee as well as State Level committees on the line of the Arunachal Pradesh Forest Protection Authority set up under the provision of Section 3 (3) of the Environment (Protection) Act, 1986. The National Level Committee would serve in the nature of supervisory or appellate authority over the State Authorities. However, the delay by the Central Government in constituting this Authority under the Environment (Protection) Act, 1986 led to the Court to constitute on 9-5-2002 an Authority at the National Level called the Central Empowered Committee (CEC).

The task assigned to it included the monitoring of the implementation of the orders of the Court, encroachment removal, implementations of working plan, compensatory afforestation, plantations and other conservation issues. The Committee was envisaged as a body to advise the Court on all matters in the two writ petitions. All pending applications as well as examining the reports and affidavits filed by the states in response to the orders made by the Court.

The notification formally constituting the CEC was issued on 17-9-2002 by the Ministry of Environment and Forests under sub section (3) of section 3 of the Environment Protection) Act, 1986. The CEC was constituted for a period of five years. Perhaps with a view to insulate the CEC from routine administrative changes and political pressures, it was stated that all members are appointed in their “personal capacities”

In terms of the scope of CEC’s intervention, the Notification did not limit the CEC only to the Forest (Conservation) Act, 1980 but also to the implementation of the Indian Forest Act, 1927, Wild Life (Protection) Act, 1972, and the National Forest Policy, 1988 including the Rules, Regulations and Guidelines framed under these laws.

Wide ranging powers were conferred on the CEC. The CEC could call for documents from any person or the Government, summon any person, and receive evidence from such person either on oath or on affidavit. Further, the CEC’s activities were not be limited only to Delhi, rather it could undertake field visits, conduct public hearing, meet with NGO’s. CEC is also empowered to pass interim orders in situations demanding immediate action.

With the formal setting up of the CEC through a Government Notification, a new chapter in the Godavarman case began. The simplified procedure of filing as well as hearing led to a spurt of cases coming before the CEC. Originally, based in the committee room of Ministry of Environment and Forest, CEC utilized the formal set up of the National Environmental Appellate Authority located at New Delhi’s Nehru Stadium for hearing cases. Initially limited to just one to two hearing a month, the CEC hearing has now become more and frequent.


Section 3 (3) of the Environment (Protection) Act, 1986

The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures