NHAI to take up eco clearance issue with SC: CP Joshi

More than 350 highways projects are stuck for environmental clearance and the National Highways Authority of India (NHAI) has sought to approach the Supreme Court against the environment ministry seeking clarifications on the issue.

CP Joshi, Minister of Road Transport and Highways told CNBC-TV18 that there is a difference in the kind of permissions required for construction now. Earlier, construction could be started without obtaining an environment clearance. However, the environment ministry has now asked for environment as well as forest clearance, added Joshi. Also Read: CCI to expedite clearance on NHAI case: BK Chaturvedi The issue was deliberated by the Committee of Secretaries and the NHAI will now take it up with the apex court, informed Joshi. Here is the edited transcript of the interview on CNBC-TV18 Q: There has been very little action from the National Highways Authority of India (NHAI) over the last one year, they are woefully short of the targets that they had set out for project awards and now there is a prospect of litigation with the ministry of environment. What's the way around this problem as you see it? A: Initially, we were given the permission to start construction without getting the environment clearance. The two permissions were different. It was believed that you can get a forest clearance before that environment clearance. After Lafarge's judgement, the ministry has given a directive saying that you need to have environment clearance and then forest clearance before the road construction. This circular from the ministry is causing a problem. Q: So, the solution will be to go to court and will the NHAI then have to relook the kind of target it has set out for the next couple of years because this would be stuck in litigation? A: No, you have to appreciate the fact that this issue was deliberated at the Committee of Secretaries. Since the Environment Ministry has suo moto given this undertaking to the Supreme Court, they cannot reopen the issue. So, let the NHAI take up this issue with the Supreme Court. With this discussion and the decision arrived at the Committee of Secretaries, the NHAI has gone to the Supreme Court. Q: A couple of companies though have asked to back out from projects that are currently running, is it true that the NHAI is considering actions such as debarring them in future from any bids? A: I won't be able to comment over these bids, because this issue is between the NHAI and the concessioner. Q: By when do you expect resolution because this is holding up thousands of crores of projects on the road sector. Do you expect litigation to take many months to resolve it or do you think it can be resolved by either the cabinet or the Prime Minister's Office (PMO) or the cabinet committee on infrastructure in a meeting between the ministry of road transport and the ministry of environment? A: This is not a question of litigation. This is a question of getting clearance from the Supreme Court because the environment ministry has given the undertaking to the Supreme Court and the apex court has said that when you agree to it, you proceed. Now the environment ministry cannot reopen the issue. The affected ministry has sought clarification from the Supreme Court saying that this is the problem they are facing and has asked for permission. Q: What is your own sense though in conversations with NHAI, in terms of how many current projects are stuck primarily on environmental clearance issues? What would it amount to in terms of kilometers or size of projects? A: After April 2011, all the projects where we have not got the environment clearance along with the forest clearance are stuck at the moment. Q: In terms of whether any option has been found for several large projects in which the companies that were undertaking the projects have hold out. Are you going to open up fresh bids? What would the plan be exactly? A: So far as this particular phase is concerned, let the issue be addressed by National Highways and Expressways (NHEs) and I will not be able to comment on it. Otherwise, we hope that the moment we get a clarification from the Supreme Court, we will be able to have aggressive bidding and we will be able to achieve our target.