A special forest Bench, headed by Chief Justice SH Kapdia asked Attorney General Mr Goolam E Vahanvati as to why the ministry of environment and forest relied on the wrong report of the local authority and did not send its own team to verify the facts.
The bench asked "Why you have not sent an investigative team to find out the facts, which also comprised Justice Aftab Alam and Justice KS Radhakrishnan.”
The bench said that "When you have doubts regarding the project, you should send a team there. Can you say that it was not a forest without going there? Was MoEF not aware that there was a forest? You must have enquired from your regional office there also."
On this, Mr Vahanvati said there is no mechanism to send a team and verify the facts under current rules and regulations.
The court then said that "Did you call the project feasibility report on the basis of which they (Lafarge) got funding? That report would have indicated if there was a forest or not."
Mr Vahanvati again reiterated that the previous clearance of MoEF was granted in belief that there was no forest land. He also submitted that the centre kept asking from the local authority and the Divisional Forest Officer about the land and they repeatedly misguided them saying that there was less than 0.009% vegetation in the area.
Mr Vahanvati said the environmental clearance given to Lafarge in August 9, 2001 was based on a report submitted by the East Khashi Hill Autonomous Council that there was no forest and plantation in the area.