Foreword

Confederation of Indian Industry (CII) and Society of Indian Law Firms (SILF) jointly conceptualised and organised the International Conference: Striking the Right Balance - Law & Sustainable Development in India's Energy Economy on 7 and 8 July 2006 at New Delhi.

The concept of sustainable development implies integration of environmental issues with the imperatives of economic and social development in order to meet the immediate needs of the present without jeopardising the aspirations of the future. The need for sustainable development has arisen due to effects of the indiscriminate use of the available natural resources.

Nations collectively have been striving to spot the key issues which need to be identified and addressed for moving towards sustainable development. The challenges which most nations face is that the contemporary energy laws have not had the occasion to integrate the principles of sustainability as they have evolved incrementally over time being more reactive to short term goals and not sensitive to issues such as maximising efficiency, respecting ecology and ensuring equity amongst users.

The Indian economy is on a high growth path. To actualise this potential in the competitive global economy, the energy economy must grow and evolve to meet the challenge without compromising the energy security and long term objectives of sustainable development for short term goals. It is thus necessary for the Energy Economy to evolve a blueprint where the emergent needs have to be balanced with the long term objectives of sustainable development.

India faces formidable challenges in meeting its burgeoning energy demands. Energy sector in India has evolved under the strong lead provided by the public sector but the urge to bridge the demand supply gap has resulted in issues such asenvironment, energy security, ailability and efficiency taking a backseat. It is imperative for the policy makers to bring a paradigm shift in their approach so as to bridge the immediate demand supply gap and to secure resources for the future.

It is thus necessary for the Energy Economy to evolve a blueprint where the emergent needs have to be balanced with the long term objectives of sustainable development.The conference aimed to create awareness on critical issues like impact of regulatory institutions, role of law and judiciary, energy security and build a consensus on the preferred approach to sustainable development in India's energy economy.

Programme

1130-1200hrs	Registration / Tea & Coffee
1200–1305hrs	Inaugural Session
1200–1205hrs	Lamp Lighting by Chief Guest
1205–1215hrs	Welcome Address Mr. R Seshasayee President Confederation of Indian Industry & Managing Director Ashok Leyland Ltd.
1215–1220hrs	T.V. Public Service Messages – Films on Climate Change &Biodiversity by Mr. Manav Gupta
1220–1250hrs	Keynote Address on 'Development of Drylands for Sustainable Livelihoods and Ecological Conservation' Dr. N G Hegde President BAIF Development Research Foundation
1250–1300hrs	Address by Chief Guest Thiru A Raja Minister for Environment & Forests, Government of India
1300–1305hrs	Vote of Thanks Lt. Gen. (Retd.) S S Mehta Director General Confederation of Indian Industry
1305–1405hrs	Presentations Moderator: Ms. Leena Srivastava Executive Director The Energy & Resources Institute Panelists: Dr. Prodipto Ghosh Secretary Ministry of Environment & Forests, Govt. of India Dr. V Rajagopalan Chairman Central Pollution Control Board, Govt. of India Mr. Jamil Ashraf Executive Vice President Sandhar Technologies Ltd. Mr. Mangu Singh Executive Director – Corporate Planning, Delhi Metro Rail Corporation Prof. C R Babu Professor Emeritus, University of Delhi
1405–1415hrs	Concluding Remarks Dr. Prodipto Ghosh Secretary Ministry of Environment & Forests, Government of India
1415hrs	Lunch

Inaugural Session

Mr Ajit Gulabchand, Chairman of CII National Committee on Construction & Projects and Chairman & Managing Director, Hindustan Construction Co. Ltd Chaired the Conference and Mr. Lalit Bhasin, President of Society of Indian Law Firms was the Co-Chairperson for the Conference.

Mr Ajit Gulabchand, welcomed the Chief Guest, Mr. Y K Sabharwal, Chief Justice of India and other dignitaries. Mr. Gulabchand said that if India wants to replicate the prosperity seen in the western countries, it has to seriously consider the issue of sustainability. This is because the high levels of economic growth create enormous pressures on the resources and the environment.

He stressed on the imperative of sustainability in the energy economy as India embarks on a high growth trajectory in the infrastructure sector. Development of this sector questions the raw material utilization and has energy and environmental concerns.

He suggested that rules and laws, that are obligatory to provide a better life for generations to come and preservation of the environment, need to be identified and executed.

Mr. Lalit Bhasin, President of Society of Indian Law Firms said that the area of energy security needs a delicate balancing act. Security of the energy sector is the key policy driver for governments as the reserves have become more concentrated in fewer hands. He also pointed out that it is vital to allow new investment that brings greater security in the sector nationally, apart from maintaining stability and essential supply.

He explained that the concerns over energy security are global and quoted initiatives taken in Europe, China and the United States towards energy production and regulation.

Mr Bhasin mentioned that the role of judiciary and in particular, the Supreme Court of India had been more significant in striking the balance between economic growth without compromising on environmental morality. He also said that legislature, executive, businesses and the legal profession need to emulate this example.

Mr Sunil Kant Munjal, Past President CII and CEO, Hero Corporate Services Ltd. stated that the energy scenario in India is of paramount concern because the consumption is growing rapidly, while the production of the more conventional sources of energy is only around 30% of our needs.

He pointed out that India will become the world's fourth largest energy consumer in the near future and thus the energy vulnerability is the most significant strategic crisis facing the nation today. There is a need to be much more dynamic and proactive in our approach.

Mr Munjal cited the measures taken in Brazil on the flexible fuel vehicle policy and the fuel act of the Americans. He then stressed on the need for India to tap more of the non-conventional sources like hydel and biomass and invest in research and innovative development of these sources.

Mr. Y K Sabharwal, Hon'ble Chief Justice of India delivered the inaugural address. He said that there has to be complete harmony between industry, regulators, Government, and all other stakeholders for development to be sustainable.

He pointed out that although there has been tremendous growth in terms of education and healthcare, the development has largely been non-uniform. A hiatus exists between different sections of society on the one hand and between different regions on the other, which gives rise to discontentment in the present and apprehensions about the future.

Chief Justice Sabharwal suggested that the government should evolve a national policy for location of chemical and other hazardous industries in areas where population is scarce and should ensure that there is no human settlement in its vicinity.

The learned legal luminary went on to define in his inimitable style that the concept of sustainable development was simply the process of overall development of the society, the momentum of which can be sustained till eternity. In order to ensure this, those engaged in the task of development should naturally guard against such exploitation of resources as it leads to their permanent destruction. The concept, therefore, deals with two kinds of equities: that for human generations yet to come whose interests are not represented by the standard economic analysis or by market forces that discount the future, and those for people living now but do not have equal access to natural resources. He quoted numerous instances where the judiciary had intervened to protect the interests of society and nature. The unique and landmark decisions in the cases involving M C Mehta and Justice Krishna Iyer were noteworthy. Chief Justice Sabharwal concluded by referring to the spiritual angle; nature was governed by cosmic laws and therefore was always in perfect balance.

Lt. Gen. (Retd.) S S Mehta, Director General, Confederation of Industry concluded the inaugural session by highlighting the points raised by the speakers. He referred to the National Mission that CII had started with its members on four areas: Inclusive Growth, Innovation, Sustainability and Knowledge & Skills.

He thanked the Hon'ble Chief Justice for Inaugurating the Conference and acknowledged the other speakers for addressing the conference.

Presentation Revised Environmental Clearance Process

Sustainability Summit: Asia - 2006

Stakeholder Consultation