F. No. 8-17/2016-FC Sub: Proposal for diversion of balance 87.09 hectares of SabikKissam forest land as on 25.10.1980 in addition to already diverted forest land of 1225.78 ha for iron ore mining in their Bolani Ore Mines of 1321.45 ha. (5.1 Sq. Miles) in Keonjhar District, by M/s Steel Authority of Limited (SAIL).

1. The State Government of Odisha, Forest & Environment Department vide their letter No. 10F (Cons) 72/2014 (pt.)/12108/F&E, Bhubaneswar dated 30th June 2016 submitted above mentioned proposal seeking prior approval of Central Government in accordance with section-2 of the Forest (Conservation) Act, 1980.

2. The said proposal was placed before the FAC in its meeting held on 24.8.2016 and the FAC, after examination of the proposal and discussion with user agency, observed as below.

3. Bolani Ores Mines of M/s Steel Authority of India Limited (SAIL), a Central PSU, is an ongoing mining project for exploitation of iron ore in Tahasil of Keonjhar District. The mining lease area is situated in village Bolani, & Karo Reserved Forest under barbil Forest Range of Keonjhar Forest Division ( Sub- Division of Keonjhar district, Odisha)

4. This mining lease over 5.10Sq. Miles (1321.45 ha) was granted for a period of 30 years i.e. from 11.04.1960 to 10.04.1990.

5. First Renewal of Mining Lease was filed in time and was granted for a period of 20 years with effect from 10.04.1990 to 09.04.2010 vide order No. III (A) SM-1/97-1073/SM dated 25.11.1999 of Govt. of Odisha, Steel & Mines Department over ML area of 1321.45 ha. .

6. The relevant lease deed was executed on 11.03.2002.

7. The 2nd RML was also filed in time and was granted for a period of 20 years with effect from 10.04.2010 to 09.04.2030 over the same area of 1321.45ha. vide express order No. III (B) SVI- 27/1999-4000/SM Anted 29.05.2014 of Govt. of Odisha, Steel & Mines Department.

8. The 2nd Renewal of Mining Lease deed has also been executed on 14.11.2014.

9. The total mining lease area of Bolani Ore Mines (5.10 Sq Miles) of M/s SAIL is 1321.45 ha .

10. During 2nd RML period that involved 1225.78 ha of forest land and 95.67 ha of non-forest land.

11. The total forest land of 1225.78 ha was having 1181.66 ha of Reserved Forest (Karo RF) & 44.12ha of Revenue Forest land in village Bolani and Balagoda under Barbil Tahasil of Keonjhar district.

12. Entire forest land of 1225.78 ha in the mining lease has been finally diverted under Section 2 of FC Act during 2ndRML period in different phases as under:

(i) 1152.58 ha of forest land (excluding safety zone area of 73.20ha.) was diverted vide MoEF, GoI letter F No.8-17/1997-FC(pt.) dt.11.12.2012. However, as per stipulation of MoEF&CC, the user agency was not allowed to use the 317ha. of forest land within the 1152.58ha. of forest land for coming within the Karo-Karampada Elephant corridor.

(ii) MoEF, GoI letter F No.8-17/1997-FC(pt.) dt.09.07.2013 accorded permission for use of 54.05 ha of broken forest land located within the said 317ha. of forest land of Karo-Karampada Elephant Corridor . (iii) Further the MoEF, GoI vide their letter F No.8-17/1997-FC(pt.) dt.12.11.2014 allowed use of remaining 262.95 ha of forest land coming within the 317ha. Located in Karo-Karampada Elephant Corridor & also accorded approval for 73.20 ha forest land located in the safety zone of this lease.

13. It is worth mentioning that, although the diverted forest land over 1225.78 ha during 2nd RML involves 1181.66 ha of Reserved Forest (Karo RF) and 44.12 ha of Revenue Forest, yet it has been reported by DFO, Keonjhar that DGPS Survey in respect of the Bolani ore mines of M/s SAIL carried out in the year 2014 in compliance with the express order of the State Govt., Steel and Mines Department vide No. 4000/SM. Dated 29.05.2014 revealed the extent of Reserved Forest in the mining lease to be 1192.91 ha (i.e. an increase of 11.25 ha over and above the extent of Reserved Forest diverted during 2nd RML) and the extent of Revenue Forest to be 32.86 ha (i.e. decrease of 11.26 ha than the Revenue Forest land diverted during 2ndRML ) thereby making the total forest land in the mining lease to be 1225.78 ha as was before. It has been further reported that land schedule furnished in the lease deed executed for 2nd RML (shows the Reserved Forest land to an extent of 1192.91 ha and Revenue forest land to an extent of 32.86 ha in this mining lease

14. It is reported that out of 87.09 ha of Sabik Forest now proposed for diversion, 48.42 ha of forest land have been found to be broken up (including Safety Zone area of 1.25 ha) and 38.67 ha of forest land remaining as virgin area (including Safety Zone area of 0.98 ha).

15. The broken up land over 48.42 ha includes mining activities like float ore mining, sites of fines disposal, plants & machineries and connecting roads and conveyors to loading points etc

16. As per DGPS survey carried out, the mining lease area over 1321.45 ha

17. Forest land: 1225.77ha. (1192.91 ha Reserved Forest, 32.36 ha Revenue Forest)

18. Non forest land: 95.68ha (84.85 ha Non-Forest Govt. land and 10.83 ha Tenanted land).

19. Out of 95.68 ha of non-forest land, 87.09 ha of non-forest land has been certified by the Tahasildar,Barbil to be forest land as on 25.10.1980

20. Thus total forest land within the ML area of Bolani ore mines now stands at 1312.86ha.

21. The purpose wise break-up of the land recorded as forests as on 25.10.1980 over 87.09 ha proposed for diversion is as follows Pattern of Utilization Broken non-forest Virgin non-forest Total non-forest land recorded as land recorded as land recorded as forest as on forest as on forest as on 25.10.1980 (in Ha) 25.10.1980 (in Ha) 25.10.1980 (in Ha) Old Mining and fines 23.4 0 23.4 disposal areas Storing of minerals / waste 0 10 10 Road and conveyors 1.9 0.98 2.88 Plants and Machineries 4.41 26.4 30.81 Office and township 17.46 0 17.46 Unutilised land to be 0 0.31 0.31 maintained forest Sub Total: 47.17 37.69 84.86 Safety Zone 1.25 0.98 2.23 Total 48.42 38.67 87.09

22. This 87.09 ha also includes 2.23 ha of sabik kisam forest land located in Safety Zone.

23. Abstract of Existing and Proposed Land use of non-forest laid recorded as forest as on/ after 25.10.1980 Area in Ha)

Broken Broken Virgin Total up up Total Non- non- non- non- Non- Virgin forest land forest forest Pattern forest forest Non-forest recorded land land of land land land 3haracte as non- Grand SL recorded recorded Utilizat recorded recorded as non- forest as Total No. as forest as forest ion as as forest as on on as on as on forest as non- 25.10.198 25.10.19 25.10.198 on forest 0 80 0 25.10.19 as on Old mining 80 25.10.19 and fines 80 1 23.4 0 23.4 0 0 0 23.4 disposal areas Storing 2 of 0 10 10 0 0.22 0.22 10.22 minerals waste Road, power/ pipeline and 3 1.9 0.98 2.88 1 0.02 1.02 3.9 conveyors etc. Plants and 4 machinerie 4.41 26.4 30.81 0 0.42 0.42 31.23 s Office 5 and 17.46 0 17.46 2.99 0 2.99 20.45 township

Unutilised land to be 6 maintained 0 0.31 0.31 0 3.35 3.35 3.66 as forest & others Sub Total 47.17 37.69 84.86 3.99 4.01 8 92.86 7 Safety Zone 1.25 0.98 2.23 0 0.59 0.59 2.82 Total 48.42 38.67 87.09 3.99 4.60 8.59 95.68

24. The applied area for diversion is situated adjacent to and in continnum with Karo Reserved Forest. Therefore, the density of vegetation has been considered at par with the adjoining RF and kept at 0.3 with Eco – Value Class – I since more than half of the applied area has already broken up / used. It falls under 3C/C2e(iii)Moist Peninsular Valley Sal Forest Type and 5B/C2 Northern Dry Mixed Deciduous Forest. 25. Prevailing vegetation consists of Sal (Shorea robusta) ,Terminalia alata , Lagerstroemia perviflora , Anogeissus latifolia, Terminalia belerica, Syzygium cumini, Mangifera indica, Schleichera oleosa , Adina cordifolia, Pterocarpus marsupium, bombax cieba, Bridelia retusa, Madhuca indica, Bombax Cieba, Bridelia retusa, Madhuca indica

26. The prevailing vegetation in Karo Reserved Forest includes Sal and Sal associates.

27. The geological formation of this area is quite suitable for growth of Sal. Sal constitutes around 70 to 75% of the top canopy. The middle storey is un-conspicuous.

28. The quality of Sal varies from all India Quality II to IV. Quality II Sal is mainly confined to the valleys while Q III occurs on the hill slopes of moderate gradient. Q IV Sal mainly confined in the ridges. Q I Sal is completely absent

29. It has been reported by PCCF, Odisha that Part of the Karo Reserved Forest and adjoining Revenue Forest are placed under the sub- group 5B/C2 Northern Dry Mixed Deciduous Forest and is 4haracterizin by dry slopes and rugged ground where soil is poor and shallow. Tree canopy is seriously broken by human activities so that scattered trees and small groups are now typical. This broken top canopy is 4haracterizing the transition to still drier types having trees with low spreading crown. Shrubs and small trees occupy vast areas. The density varies from 0.2 to 0.4. The crop dominating these forests is thorny, unbrowsable and xerophytic in habit. The prevailing forest growth in the Non-Forest land recorded as forest as on 25.10.1980 over 87.09 ha fall under this category. The density of vegetation of the area has been reported to be 0.3

30. It is reported that the project establishment is likely to increase Soil erosion.

31. The applied area does not form part of any National Park / Sanctuary / Biosphere Reserve /Tiger Reserve.

32. The applied area for diversion is situated adjacent to and in continnum with Karo Reserved Forest. Karo-Karampada Elephant Corridor passes through the mines in Karo RF over 317.00 ha. Part of which has been considered for diversion and got diverted vide F. No. 8-17/1997-FC (Pt.) dated 09.07.2013 and dated 12.11.2014. The area comes under the elephant habitat zone-2 of ORSAC, Bhubaneswar.

33. It is reported that No rare endangered species is available in the applied diversion area, but elephant movement is often noticed. 34. It is reported that Although the applied area does not come under any Protected Area, yet due care is required to be taken for protection and conservation of wildlife available in the area. Thus ,the Site Specific Wildlife Conservation Plan prepared by the User Agency has been approved by the PCCF, (Wildlife) & CWLW, Odisha with a financial outlay of Rs. 16,76,41,000 1- (Rs. 6,82,34,000/- for Project area to be spent by user agency and Rs. 9,76,07,000/- for Project Impact area to be implemented by DFO, Keonjhar excluding the infrastructure .As reported by the DFO, Keonjhar Division, the approved cost of the Plan for project impact area has been deposited by the User Agency through RTGS in Ad-hoc CAMPA account dated 28.06.2014. The User Agency has also provided the infrastructure as approved. 35. Besides, an amount of Rs.5,68,22,350/- has been deposited by the lessee in Ad-hoc CAMPA Account (Rs. 2,64,29,000/- dated 13.11.2009 and Rs. 3,03,93,350/- dated 31.01.2014) towards proportionate cost of Regional Wildlife Management Plan at the revised rate of Rs. 43,000/- per ha for the total lease area of 1321.45 ha.

36. It is reported that no protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. 37. It is reported that the requirement of forest land as proposed by the User Agency is unavoidable and bare minimum for the project.

38. 2957 nos of trees (Virgin 434 nos and broken up 2523 nos) and 1150 nos of poles (approx) are to be felled.The possibility of soil erosion is likely to increase following felling on the undulating topography of the applied area. It is reported that presence of tree growth in the broken up land up to the tune of 2523 is due to afforestation measures taken up by the user agency.

39. Violation of provision of FCA 1980 are reported as follows

Violation committed in respect of the Mining Lease during 01st RML

Illegal Production of Fe Ore during the following Period –

1994-95---1718616 MT 1995-96---1637729 MT 1996-97---2197757 MT 1997-98---2506969 MT Action taken.

For the illegal production of mineral OR case No. 41BL of 2014-15 dated 11.08.2014 has been booked. Prosecution has been sanctioned against the Mines Manager and submitted in the Court of JMFC, Barbil vide PR No. 24 of 2014-15 dated 26.11.2014. The case is sub –judice.

Observation as regards the land use in respect of the Mining Lease during 02nd RML. The proposed land use plan submitted during submission of the diversion proposal during 02ndRML does not depict the details of land use as regards mining operation has been broadly reflected as Mining. However, the detailed land use verified during the year 2014-15 depicts each item of activity associated with mining operation (i) It is reported by the State Govt. that the user agency being a Central PSU, as per provision of para 3.2(ix)(a) of FC Act guidelines, in lieu of the proposed diversion of 84.86ha ha of sabik kisam forest land for non-forest use within the ML area, degraded forest land twice in extent i.e 169.72 ha (84.86 ha X 2 times) has been identified in Karo Reserved Forest under Barbil Range of Keonjhar Forest Division for raising compensatory afforestation. The Compensatory Afforestation Scheme in ANR mode of 200 plants per ha. has been prepared by DFO, Keonjhar over 169.72ha with a total financial forecast of Rs.92,98,300/- @ current wage rate of Rs. 200/- per manday with maintenance cost of 10 years (ii) It is learnt that the land suitability certificate for CA land is not given is not given. (iii) The species selected to be planted under the CA scheme are Amla (Emblica officinalis), Neem (Azadirachtaindica), Bahada (Terminalia) Karanja (Pongamiapinnata), Jamu (Siziumcumini), 1Dhaura(Anogeissuslatifolia), Sissoo (Dalbergia Sissoo), Harida (Terminalia chebula) etc. (iv) Cost benefits ratio of the mining project is 1:12.47 (v) The Site Inspection of the proposed mining project has been conducted by the DFO, Keonjhar Division on 04.05.2016. It is reported in SIR that the forest area over 87.09 ha was treated as non- forest as per Hal Record of Rights and has been used of as per the requirement of the user agency up to 48.42 ha. Now, the status stands as forest kissam as on 25.10.1980 and is required to be diverted for non-forest use in compliance with the guidelines as issued vide F .No. 8-78/1996- FC(pt.) dt. 10.03.2015 read with F.No. 8-78/1996-FC (Pt.) 09.03.2016. The said proposal, is therefore, submitted for necessary approval u/s 2(ii) of FC act, 1980 taking the aforesaid facts into consideration. (vi) In relation to FRA certificate it is observed that a photocopy of the certificate issued by the District Collector, Keonjhar, Odisha on 09.02.2012for entire forest area of 1225 .18 ha proposed for diversion in village – Bolani , Balagonda, and Karo reserve forest under Barbil tehsil for Bolanni ore Mines of M/s SAIL has been given However, Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is not given (vii) The project proposal is recommended by DFO,RCCF, PCCF and state government. (viii) Safety Zone: As reported earlier during processing of forest diversion proposal during 2nd RML period, the total forest land involved in the mining lease is 1225.77 ha including 73.20 ha forest land located in the safety zone. (ix) Total non forest land involved in this mining lease is 95.68 ha. Out of 95.68ha.of non-forest land in hal record, 87.09 ha of Non-forest land have been certified by the Tahasildar, Barbil to be forest land as on 25.10.1980 as per Govt. record. (x) This 87.09 ha sabikkisam forest land as on 25.10.1980 includes 2.23 ha of land located in the safety zone. (xi) The effective extent of non-forest land recorded as non-forest as on 25.10.1980 is 8.59 ha. in this mining lease also includes 0.59 ha land located in the safety zone. The details of safety zone of the mining lease is furnished hereunder

Particulars Forest land (in ha) Non-forest Total Non- Total SI. Reserv Revenue land Forest Forest land No. Safety Zone ed Forest recorded as land(ha) land ( ha) (ha) Forest forest as on 25.10.1980 7.5 mtr strip along the boundary line 1 65.92 7.28 2.23 75.43 0.59 76.02 (Except common boundary line to the north)

Out of 2.23 ha.of sabik kisam forest land coming within safety zone, 1.25 ha has already been broken up and 0.98 ha remains as virgin patch. It is reported that entire 76.02ha.of land including 2.23ha. of sabik kisam forest land is required to be maintained as safety zone around the ML area. Besides, the 1.5 times afforestation shall also be carried out over 3.345ha.(1.5X2.23ha.) in degraded forest land elsewhere at the project cost. (xii) The Ministry of Environment and Forest, Govt. of India vide their letter No. J-11015/418/2008- 1A-11(M) dt. 21.12.2012 had accorded environmental clearance for this mining project for enhancement of production of from 5.65MTPA to 12.0MTPA (ROM)along with installation of a new beneficiation Plant of 12 MTF’A throughout and 4.0MTPA capacity Pellet Plant. Further Consent to Operate order has also been issued by SPCB, Odisha or this project vide their order dt 18.3.2016 which is valid till 31.3.2019. (xiii) It has been reported that the User Agency has reclaimed an area over 90 ha mined out pits in B and C area inside the mining lease till 2011-12, back filling over 6.25 ha in F, D, and Panposh Quarry with afforestation over 4 ha back filled area in F, D and Panposh Quarry of the mining lease. In addition, the User Agency has furnished an undertaking to undertake concurrent reclamation of OB Dumps and Mined out pits as per the approved Concurrent Reclamation Plan. (xiv) The project does not involve displacement of human habitation(page 124/DP). Hence Rehabilitation and Resettlement plan is not required in this mining project. (xv) Net Present Value is applicable to this project. It has been reported that an amount of Rs.89,48,19,400/- has been deposited by user agency towards Net Present Value (NPV) of 1225.78 ha of forest land (xvi) State government had requested Govt. of India to grant permission subject to following conditions: 1) Details of benefit to be accrued for this project (as shown in C:B Ratio) shall be given. 2) The user agency shall undertake demarcation of the lease area on the ground posting four feet high cement concrete pillars embedded two feet inside the with serial number, forward and back ward bearings, and distance from pillar to pillar. The user agency shall also submit the map of lease area showing different kinds of forest land using DGPS survey data and latitude and longitude of each pillar to the divisional forest officer, Keonjhar for his reference before commencement of work on final forest clearance. 3) Safety zone area shall be demarcated on ground. User agency shall maintain safety zone and provide funds for executing afforestation activities over 1.5 times of the forest area in safety zone area in degraded forest land elsewhere. 4) The Collector, Keonjhar shall furnish the complete compliance of FRA guidelines pertaining 87.09 ha of Sabik Kisan forest land of the ML area. 5) Signed hard copy of Part I of the application form shall be furnished by user agency.

40. Recommendation of FAC held in 24.08.2016: FAC considered the proposal and after detail deliberation and discussion recommended that:

1. The actual area required for the mining is less and there is unbroken/virgin forest for which diversion is being sought .APCCF , Regional office Bhubaneswar shall inspect the area and submit its report highlighting the actual requirement of forest area which is required for core mining activity. 2. CA scheme shall be revised as the area selected for CA falls in very dense forest. 3. State government shall submit detail land use plan with map. The map shall indicate following in different colors along with legend and extent of area a) Broken up land b) Virgin land in the mining lease area c) OB dump area d) Ore stack yard e) Linear feature such as roads etc f) Area for plant machinery etc. g) Area under colony, buildings etc. h) Any other special features (please specify)

4. State government shall submit complete compliance of FRA certificate as per the latest guidelines issued by the ministry.

41. Ministry vide its letter dated 26.09.2016 (Pg-348-349/c) requested the State Government to submit information/documents as per recommendation of FAC. 42. State Government vide their letter no. 10 (Cons) 72/2014 (pt.) 22935/F&E dated 08.12.2016 (Pg-350-352/c) has submitted their reply in response of Ministry’s letter dated 26.09.2016. The point wise compliance to the issues raised is as under:

S. N. OBSERVATION OF FAC COMPLIANCE OF THE STATE GOVT.

(i) The actual area required for mining is In this regard the State Govt. informed that less and there is unbroken/virgin forest Addl. PCCF The Addl. PCCF (Central), ERO, for which diversion is being sought. APCCF, Regional Office, Bhubaneshwar shall inspect the area and Bhubaneswer would submit the require submit its report highlighting the actual compliance. requirement of Forest area which is required for Core mining activity. The Addl. PCCF The Addl. PCCF (Central), ERO, Bhubaneswervide their letter No.5- ORA283/2016-BHu dated 30.11.2016 has submitted their report and placed in file at Pg.353-365/c. The observation of RO, Bhubaneshwar is as under:

The present land use details of the entire mine lease area, including sabik Land is enclosed at Annexure-I (Pg.356/c). A map depicting the broken and the virgin sabik forest land is also enclosed at Annexure II (Pg.356/c). As may be seen out of the total 87.09 hectares of the sabik land applied for diversion of 48.42 ha is reported to be already broken and the balance 38.67 ha. is still virgin. The present land is shown at Annexure I that includes land over 17.46 ha used for office and township. The further breakup of this 17.46 ha may be seen at Annexure III (Pg.358/c). As per the directions of the FAC the aim of the inspection was to consider the justification of using the balance virgin sabik forest land for core mining activity. The statement at Annexure I itself makes it clear that the balance sabik forest land is not required for core mining but for ancillary activities most notably for plants and machinery. My discussion with SAIL authorities revealed that the virgin sabik forest land shall be used primarily for setting up a beneficiation plant. The virgin sabik forest land was inspected along with the local forest officers and it was found to be an open forest with varying from 0.1 to 0.3 (Photographs enclosed at Annexure IV (pg-359/c). The other possible land available for setting up the proposed beneficiation plant within the lease is the reserve forest area and therefore less appropriate as compared to open sabik forest land. However, it may be pointed out that the sabik forest land of 87.09 ha. under consideration for diversion includes land used for the construction of township also as per details depicted at Annexure III - (pg- 358/c). SAIL authorities informed that the original application made for the lease included provision for township also and much of the existing township was raised in 1960s. Copy of letter provided is enclosed at Annexure V ((pg-360/c). It is clear from Annexure III that most of the township has been raised on sabik forest land which at the time of lease grant was taken to be non-forest land. Therefore in my view the application of FC Guidelines at para 4.5 (ii) (barring use of forest land for the construction of buildings) retrospectively for the activities carried out before the enactment of the Forest Conservation Act, 1980 and that too cover the land which was originally granted to the lessee as non -forest would not be very appropriate.

(ii) CA Scheme shall be revised as the area The revised site specific CA scheme over selected for CA falls in very dense 169.72 ha. (Mentioned as 169.82 ha.) forest. Identified in degraded forest in three patches i.e. Gudiali RF (119.72 ha.),Laing RF(31.336 ha.) and Pathuria RF (18.664 ha.) in Rajgangpur Range of Rourkela Forest Division prepared by DFO, Rourkela Forest Division in ANR Mode of 200 plants per ha. at current wage rate of Rs.200/- per man-day including cost of maintenance of 10 years with technical approval of the Addl. PCCF (Forest Diversion) and Nodal Officer, FC Act at a financial outlay of Rs.1,96,20,400/- had already been furnished.

After examining the identified CA scheme through DSS, it is found that 22 ha. land of Gudiali RF falls in MDF. Moreover the patches of Laing RF (31.336 ha.) and Pathuria RF (18.664 ha.) shows dense vegetation in Google Earth Imagery and would not be suitable for Planation. and accordingly this identified CA need to be modified .

(iii) State Govt. shall submit detailed land The relevant map (1:4400 scale) showing the use plan with map. The map shall above land use duly signed by the Divisional Forest Officer, Keonjhar enclosed at Annexure. indicate following in different colours But the same does not seem to have been along with legend and extent of area: enclosed with the compliance.

a. Broken up land

b. Virgin land in the mining lease area.

c. OB dump area

d. Ore stack yard

e. Linear feature such as roads etc.

f. Area or plant machinery etc.

g. Area under colony/buildings etc.

h. Area other special features.

(iv) State Govt. shall submit complete FRA Compliance for this diversion proposal compliance of FRA Certificates as per has not been completed. As ascertained from the latest guidelines issued by the the Certificate of the Collector, Keonjhar, Ministry. entire process of settlements of rights under FRA, 2006 in respect of the Sabik Forest Land proposed for diversion under 5.1 sq. miles Bolani Iron Ore Mines of SAIL has been initiated and will be completed before this proposal is considered for stage II forest clearance. Copy of such certificate of collector, Keonjhar is enclosed at Annexure II for reference.

43. From the examination of said compliance received from State Government following is observed: i. After examining the identified CA scheme through DSS, it is found that 22 ha land of Gudiali RF falls in MDF. Moreover the patches of Laing RF (31.336 ha) and Pathuria RF (18.664 ha) shows dense vegetation in Google Earth Imagery and would not be suitable for plantation and accordingly this identified CA need to be modified. ii. The detailed land use plan with map depicting Broken up land, virgin land in the mining lease area, OB dump area, Ore stock yard, Linear feature such as roads etc, area or plant machinery etc area under colony/buildings etc and area other special features is not given. iii. The complete compliance on Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is not given. 44. Ministry vide its letter dated 12.01.2017 requested the State Government to submit the information/documents as indicated above. 45. State Government vide their letter no. 10F (Cons) 72/2014 (pt)/9133/F&E dated 04.05.2017 (Pg-383-420/c) has submitted reply in response of Ministry’s letter dated 12.01.2017. The point compliance to the issues raised is as under:

S. No. Observation of MoEF&CC Reply from State Government

2(i) After analysis the identified CA In this regard, the State Government reported scheme through DSS, it is found that 22 that the degraded forest land earlier identified ha land of Gudiali RF falls in MDF. over 169.82 ha comprising of three patches i.e. Moreover the patches of Laing RF Gudiali RF(119.72 ha), Laing RF(31.336 ha) and (31.336 ha) and Pathuria RF (18.664 Pathuria RF(18.66 ha) for the purpose of ha) shows dense vegetation in Google Compensatory Afforestation for this project Earth Imagery and would not be has been modified again. It has now been suitable for plantation and accordingly reported by Addl. PCCF (Forest Diversion) & this identified CA need to be modified. Nodal Officer, FC Act that degraded forest land The complete revised CA scheme and to an extent of 169.72 ha comprising of 70.72 ha suitability certificate along with shape in Gurhiali RF and 99.00 ha in Chhatam RF of file may be furnished for consideration. Rourkela Forest division has been identified afresh to raise Compensatory Afforestation in lieu of 87.09 ha of forest land proposed for diversion. The DFO, Rourkela division has furnished the land suitably certificate pertaining to identified site (Pg. 393/c) . He has also prepared the site specific CA scheme in ANR mode of 200 plants per ha. at current wage rate of Rs.200/- per man-day including cost of maintenance of 10 years. The species selected to be planted under the revised scheme are Amla (Emblicaofficinalis), Neem (Azadirachtaindica), Bahada (Terminaliabelerica), karanja (Pongamiapinnata), Jamu (Siziumcumini), Dhaura (Anogeissuslatifolia), Sissoo (DalbergiaSissoo), Harida (Terminaliachebula), Teak (Tectonagrandis), Bamboo (Dendrocalamusstrictus), Bija ((Pterocarpusmarsupium), Gambhar (Gmelinaarborea) etc. The Addl. Pr. CCF (Forest Division) & Nodal Officer, FC Act has accorded technical approval to the revised CA scheme with financial outlay of Rs.2,40,64,000/- .The CA scheme is appended with map of CA sites shown in SoI topo-map No. F45G/12 (Chhatam RF) and No. F45G/12 & F45G/8 (Gurhiali RF). The duly approved revised CA area/scheme with final outlay & shape/KML file in CD form are placed at (Pg-391-408/c). The detailed land use plan with map In this regard, the State Government reported depicting Broken up land, virgin land that the detailed land use plan with map depicting 2(ii) in the mining lease area, OB dump broken up land, virgin land in the mining lease area, Ore stock yard, Linear feature area, OB dump area, Ore stack yard, linear such as roads etc, are or plant features such as roads and conveyor etc. area of machinery etc area under plant and machineries, area under colony and colony/buildings etc and area other buildings etc. submitted by M/s SAIL and special features is not given. authenticated by DFO, Keonjhar is placed at (Pg- 412/c).

2(iii) The complete compliance on In this regards, the State Government reported Scheduled Tribes and other Traditional that FRA compliance for this instant diversion Forest Dwellers (Recognition of Forest proposal has not yet been completed. It was Rights) Act, 2006 in accordance with earlier reported that Controller, Keonjhar had the Ministry's Guidelines 03.08.2009 earlier ensured that entire process of settlement read with 05.07.2013 may be furnished. of rights under FRA, 2006 in respect of the sabik forest land proposed for diversion under 5.1 sq. miles Bolani Iron Ore Mines of SAIL, has been initiated and will be completed before this proposal is considered for Stage-II forest clearance. It is further ascertained from the letter dtd. 13.4.2017 for user agency that Gram Sabhas for Bolani and Balagoda village pertaining to this project have been conducted on 4.11.2016 at 11 A.M. and 9.12.2016 at 10 A.M. respectively. Proceedings of the Gram sabhas along with its English version have been furnished to the Sub- Divisional Level Committee for consideration. From the above documents, it is revealed that compliance of FRA as per GoI guidelines dt. 3.8.2009 read with guidelines dt. 5.7.2013 are under process and will be completed and the same will be furnished to the Ministry before the proposal is considered for grant of Stage- II approval. Copy of letter dtd. 13.4.2017 of user agency is placed at (Pg-413-414/c).

DSS analysis Report: The shape file as provided has been analysed by DSS cell and their comprehensive report may kindly be seen at F/R-1. The major observation stated in the report are as follows: (i) Undecided (Decision Rule 2 requirement not fulfilled) (ii) In terms of density classes: MDF: 5 ha, Open Forest: 9 ha, Non Forest: 73 ha (iii) As per DSS Forest type present: Moist peninsular Valley Sal Forest and Northern Secondary Moist Mixed Deciduous Forest (iv) For Revised CA land recieved on dated 17/07/2017: Plantation is already going on inside Patch-IV of Gurhiali RF as depicted through Google Earth Imagery dated 23/10/2016.

In view of above, the facts related to the above proposal may be placed before FAC in its next coming meeting scheduled to be held on 20.07.2017 for their examination and appropriate recommendation. ****