F.No. 8-79/2007-FC

Sub: Diversion of 1016 ha of forest land in favor of Executive Engineer, Somasila Project Division –IV Atmaku for Foreshore Submersion & Excavation of canals under SOMASILA Project in , , & Divisions in in the State of – regarding.

1. The State Government of Andhra Pradesh vide letter no. 6018/FOR.I(1)/2007-1 dated 16/08/2007 submitted the above mentioned proposal for seeking prior approval of the Central Government under the Forest (Conservation) Act, 1980.

2. The State Government of Andhra Pradesh vide their letter dated 16.08.2007 had inter-alia informed that out of 1016 ha of forest land, 36.25 ha is falling in Lankamelleswaram WL Sanctuary in Kadapa Division, 735.29 ha of forest land falls in Penisula Narasimhaswamy WL Sanctuary in Kadapa, Rajampet, Proddatur and Nellore Divisions and an extent of 244.96 ha of Reserve Forest land falls in Nellore Division. Totally, 771.54 ha land falling in Sanctuary area and 244.96 ha in Reserve Forest Area (771.54 + 244.96 = 1016 ha).

3. Subsequently, the State Government vide their letter no. 6018/FOR.I(1)/2007-2 dated 5.11.2007 addressed to the Member Secretary, NBWL, submitted a proposal for soliciting the approval of the NBWL. Subsequent to approval of Hon’ble Supreme Court for diversion of forest land in the Protected Area on 21.10.2013 (Vide item NO. 313 in IA No. 2535 in WP (C) 202/1995), Irrigation Department, State Government of Andhra Pradesh vide their letter no. 034/Ppl. Secy. (AR)/20113 dated 9.12.2013 again requested the Ministry for grant of approval under Section- 2 of the Forest (Conservation) Act, 1980.

4. This Ministry vide its letter of even number dated 28.08.2014 requested the Regional Office, to carry out the site inspection of the area proposed for diversion. The Regional Office vide their letter dated 25th February, 2015 (Pg 510-516/c) submitted the site inspection report of the area.

5. The facts related to the proposal as contained in the proposal submitted by the State Government in its letter dated 09.12.2013 are presented below in the form of factsheet:

FACT SHEET

1. Name of the Proposal Diversion of 1016 ha of forest land in favor of Executive Engineer, Somasila Project Division –IV Atmaku for Foreshore Submersion & Excavation of canals under SOMASILA Project in Proddatur, Kadapa, Rajampet & Nellore Divisions in Nellore District in the State of Andhra Pradesh 2. Name and nature of the user agency Somasila Project Division –IV Atmaku, Irrigation Department, Government of Andhra Pradesh, a State Government undertaking 3. Location (i) State Andhra Pradesh (ii) District Nellore 4. Particulars of Forests: (i) Name of Forest Divisions and Name of Forest Division Area (ha) Forest area involved. Proddatur 303.75 ha Kadappa 187.00 ha Rajampet 252.25 ha Nellore 273.00 ha Total 1016.00 Ha

(ii) Legal status/Sy.No. Reserved forest and Protected Areas (Wild Life Sanctuary).

5. Topography of the area - (i) Geology - (ii) Vulnerability to erosion i. Proddatur: The proposed area has plain to gentle slope with scrub Jungle. This area is meant for storage of water in the reservoir of Somasila Project which already exists. There may not be much problem of erosion in the forest area since the area is covered with vegetation scrub growth. ii. Kadappa: The proposed area is plain to gentle slope with scrub Jungle. This area is meant for storage of water in the reservoir of Somasila Project which already exists. There may not be much problem of erosion in the forest area since the area is covered with vegetation scrub growth. iii. Rajampet: Diversion does not cause erosion iv. Nellore: Certificates enclosed stating that area is not vulnerable to erosion (Pg 285/c) (i) Vegetation As per the site inspection report of the Regional Office, Cheenai, the forest area proposed for diversion is plain or with gentle slope. The vegetation in the area is scrub. The species existing include Pterocarpus santalinus, Zyzyphous xylopyrous, Carissa carindus, Azadirachta indica, Dichrostatis cineri, Ixora brachiata, Canthium dicoccum, Dolichondron crispa, Diospyrous chloroxylon, Hemicyclia elata, Gardenia gummikfera, Bauhinia racemosa, bamboo, Grewin populifolia, Luffa acutangula, Zisyplus mauritiana, Strychnos nuxvomica, Terenna asiatica, Wrightia tinctorea, etc. Most of the vegetation is thorny scrub. Density of the forest is 0.1 to 0.2. The average height of the trees is about 4 meters, which is fit for only fuel purpose and there are no trees of sizeable girth fit for exploiting as timber.

(ii) Density As repoted in the Part-II of the Form A the Division wise density of the forest area is as under: i. Proddatur 0.20 to 0.30 ii. Kadappa 0.20 to 0.30 iii. Rajampet 0.2 iv. Nellore 0.20 to 0.40

(iii) No. of trees to be felled The Regional Office in its site inspection report has reported felling of trees as 4832 trees (Pg 513/c). It appears that number of trees required to be felled in the project area have not been accounted for properly by the Regional Office. Detail pertaining to felling of trees has been provided only in respect of Nellore Division while no details in respect of other three Division has been provided in the inspection report. The details of felling of trees as indicated in the Part-II of the Form A is as under: i. Proddatur – Total 903 trees (inclusive of all girth classes) ii. Kadappa – Total 129 trees (inclusive of all girth classes) iii. Rajampet – consolidated list giving total number of trees has not been provided. Exhaustive list is enclosed at Pg 205/c. iv. Nellore - 4,832 number of trees inclusive of all girth classes (Pg 282/c). 6. Whether area is significant from Regional Office, Chennai in its site inspection report has wildlife point of view reported that the important wildlife available in the area includes Panther, Sambar, Spotted Deer, Wild Boar, Rabbits, Jungle Cat, Jungle Fowl, Bear, Wild Dog, Wolf, Jackal, Wild Cat, Wild Pig, etc. 7. Whether forms part of National park, i. Proddatur: Yes, The area is integral part of Penusila Wildlife Sanctuary, Biosphere Reserve, Narasimha Swamy Wild Life Sanctuary. Details are Tiger Reserve, Elephant Corridor, etc. furnished in the site inspection report i.e. in Page No. (if so, details of the area and comments (253/c) of the Chief Wildlife Warden ii. Kadappa: Yes, The area is integral part of Penusila Narasimha Swamy wild life sanctuary. Details are furnished in the site inspection report i.e. in PageNo. (470/c) iii. Rajampet: Forms part of Penusila Narasimha Swamy wild life sanctuary. iv. Nellore: An extent of 14.80 ha in GKN canal (North Edder Channel) falls in Sri Penusila Narasimha Wildlife Sanctuary. The details are enclosed in Annexure-I A. Certificate is also enclosed.

8. Whether any RET species of flora and i. Proddatur: Not reported (Pg 230/c). fauna are found in the area. If so details ii. Kadappa : Not reported (Pg 469/c) thereof iii. Rajampet : Flora- Nil, Fauna-sloth Beer, Wild dogs, Panther, Chowsiugha (Pg 181/c) iv. Nellore : Certificate enclosed at Pg.276/c stating that no RET species of flora and fauna are found in the area 9. Approximate distance of the proposed i. Proddatu: All along the Reserve Forest Boundries of site for diversion from boundary of Thurupukonda Reserve Forest & Extension, forest. Mallammakonda Reserve Forest and Ramapuram Reserve Forest & Extension. ii. Kadapp :All along the Reserve Forest Boundries of Konarajupalli R.F., Lankamalleswara R.F. & Thurupukonda R.F of and Sihout Ranges iii. Rajampet : Proposed site starts from the boundary and intrudes to iv. Nellore: Not reported 10. Whether any protected archaeological/ i. Proddatur – Not reported heritage site/defence establishment or ii. Kadappa - Not reported any other important monuments is iii. Rajampet - Not reported located in the area. iv. Nellore - Certificate enclosed (pg 283/c) stating that no protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 11. Whether any work of in violation of the Details of violation as reported in the Part-II of the Form A is Forest (Conservation) Act, 1980 has as under: been carried out (Yes/No). If yes details i. Proddatur - No of the same including period of work ii. Kadappa - No done, action taken on erring officials. iii. Rajampet - No Whether work in violation is still in iv. Nellore - The RF wise violation of the Act occurred are progress. enclosed in annexure-I along with a detailed note on violation. A Certificate is also enclosed. it is stated that dug out GKN (North Feeder) canal alignment passes through Udaygiri-Valigonda RF of Gudigunia beat. Rapur Vewasnde RF falls in Sri Penusila Narasimha Wild Life Sanctuary which was notified under the Wild Life (Protection) Act in 1997. Th extent of canal dug out canal falling in the WLS is 14.80 Ha. the said canal was dug out about 20 years back i.e. prior to notification of RF as the Sanctuary

The Regional Office in its site inspection report has reported that the project work has clearly been started prior to 1980. In the year 1984, half-hearted attempts seem to have been made for getting the approval under FC Act 1980, since the work was ongoing, as on 25.10.1980. Water storage has commenced from the year 1988 without obtaining Forest clearance. In case of canal construction in about 172 ha out of the 272 ha involved in construction of canal, the violation is blatant. The justification given by the project authorities for execution of the work is that this is a project of utmost importance to the people of Nellore District as it stabilizes abacus over 4 lakh acres and provides drinking water to Nellore, Kavali and also to Chennai and Government have been allotting huge quantum of funds over the years for the implementation of the works under the project. Since the violations have taken place almost 30 years ago, almost all the officers responsible for the violations, most probably, would have retired by now. However, it is necessary that penal Compensatory Afforestation is stipulated so that it will act as a deterrent in future. 12. Whether the requirement of forest land i. Proddatur - Yes as proposed by the user agency in col. 2 ii. Kadappa - Yes of Part-I is unavoidable and barest iii. Rajampet - Yes minimum for the project, if no iv. Nellore - Certificate enclosed stating that recommended area item-wise with requirement is minimum. details of alternatives examined. 13. Site Inspection Report of the DCF (to i. Proddatur Pg-253-254/c be enclosed) in respect of status of ii. Kadappa Pg-455-458/c compliance of conditions stipulated iii. Rajampet Pg-204/c during earlier stipulated during earlier iv. Nellore Pg-472-473/c approvals 14. Whether clearance under the Yes Environment (protection) Act, 1986 is required? 15. Compensatory Afforestation (i) Details of non-forest area/degraded i. Proddatur The user agency has not identified the Non- forest area identified for CA, its Forest area for C.A. distance from adjoining forest, ii. Kadappa The user agency has not identified the Non- number of patches, sixe of each Forest area for C.A. patches. iii. Rajampet 529.68 ha in sy.No.50 etc, Hallewadug in chitual Haudal of . If is adjoining to R.F has good growth 81.78 ha in sy.no.1160 of Harebylu in leuagalur Haudal adjoining to R.F has good growth. 87.78 ha in sy.no. 858 of perlakuta in leuagalur haudal, adjoining to R.F has good growth. Hence degraded R.F will be identified for O.A plantatious Shortly. Scheue Proposal will be submitted shortly Proposal will be submitted shortly. iv. Nellore The non-forest areas towards Compensatory afforestation have been identified in Maremreddypalli village and Ayyavaripalli Villages of SR puram Mandal. The details of Compensatory afforeststion areas are enclosed.

The Regional Office, in its site inspection report has reported following with regards to compensatory afforestation: (i) 529.68 ha in Survey No.50, etc., Mallemadugu in Mandal of Kadapa District. (ii) 81.78 ha in Survey No.1160 of Marlebylu in Penagalur Mandal of Kadapa District. (iii) 87.04 ha in Survey No.858 of Perlakunta in Penagalur Mandal of Kadapa District. (iv) 273 ha of Compensatory Afforestation land has been identified by the user agency and accepted by the DFO, Nellore as suitable for the purpose in Maramreddipalli and Ayyavaripalli villages, Seetharampuram Mandal of Udayagiri Range of Nellore Division. A certificate has been furnished that an extent of 1016 ha of non-forest land suitable for Compensatory Afforestation was allotted to the Forest Department (the District Collector, Nellore has allotted 273 ha of non-forest land for CA in respect of canal distributor system under Somasila project. The District Collector, Kadapa has allotted an extent of 698.51 ha of non-forest land towards CA in Kadapa District and the Conservator of Forests, has allotted the balance extent of 44.5 ha of CA land from the land available with the Forest Department under various irrigation projects).

The Hon’ble Supreme Court, in its order dated 21.10.2013 in IA No.2535 in WP (C) No.202/1995, has granted permission for diversion 771.54 ha of the forest land falling in the sanctuaries (735.29 ha in Penusila Narasimha Wildlife Sanctuary and 36.25 ha land in Sri Lanka Malleswara Wildlife Sanctuary) subject to the following conditions suggested by the Central Empowered Committee: - (i) For use of forest land, approval under the FCA 1980 will be obtained and the amount towards the NPV payable, as per the rates for use of forest land falling within the wildlife sanctuaries prescribed by the Hon’ble Court in its order dated 28.3.2008 in NPV matter will be deposited in the Compensatory Afforestation Fund; (ii) The conditions on which the project has been cleared by the Standing Committee of the National Board for Wildlife will be strictly complied with; and (iii) Other condition(s), if any, prescribed by the Chief Wildlife Warden, Andhra Pradesh Forest Department will be complied with.

(ii) Map showing non-forest/degraded Enclosed. However, the differential GPS map, along with soft forest area identified for CA and copy, of the area identified for CA has not been provided. adjoining forest boundaries. (iii) Detailed CA scheme including CA scheme has been submitted only in respect of Nellore species to be planted, implementing Forest Division. While in respect of Rajampet Division, the agency, time schedule, cost CA scheme is yet to be submitted. Even the CA scheme in structure, etc. respect of Nellore Forest Division has been submitted for the financial years starting from 2006-07 to 2012-13 which is also required to revised as per the existing wage rate and for a period of 7-10 years. The Regional Office, in its site inspection report has also not provided any detail regarding CA scheme. (iv) Total financial outlay for CA - (v) Certificate from the competent Certificate regarding suitability of land identified for raising authority regarding suitability of the has been submitted in Nellore and Rajuampet Forest area identified for CA and from Divisions management point of view. 16. Catchment Area Treatment Not provided 17. Compliance of Scheduled Tribe and Not submitted. Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 18. Rehabilitation of Oustees (a) No of families involved in 20000 Nos displacement (b) Category of families S.C. Families=2850 S.T. Families=1375

(c) Details of rehabilitation plan The Government of Andhra Pradesh in G.O. Ms. No58 I&P (Projects) Department, dated 19th March,1980 Issued orders that no new rehabilitation centers should be set up under any project and it is decided that the displaced families of the Somasila Project should be paid exgratia cash grant in lieu of rehabilitation facilities at the rates prescribed therein. The evacuees received exgratia payment and settled themselves at the places of their choice and no rehabilitation was taken up. 19. Compliance of Scheduled Tribe and Not submitted. other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

20. Cost Benefit Ratio 1:1.746 (Enclosed at Pg 247/c) 21. Total Cost of the Project Rs. 734 Crores/- 22. Employment Potential 3.50 Lakhs — The people in the command area of the project are predominantly agriculturists and agriculture labour having no adequate facilities of education and employment. During the execution and also on completion of the project due to assured irrigation facilities, the people of the region will have better employment avenues throughout the year due to increased agriculture operations and due establishment of Industries associated with the agriculture. Similarly the education facilities will be on the raise. 23. Recommendation Proddatur Kadappa Rajampet Nellore i. DFO Pg-231/c Pg--470/c Pg-182/c Pg -277/c ii. CCF 232/c 471 183 454/c iii. Nodal Officer 185 iv SG 475

24. District Profile i. Proddatur 716700 ha (i) Total Geographical area of the ii. Kadappa 411003 ha district iii. Rajampet 3,58,289 ha iv. Nellore 1307600 ha

(ii) Total Forest area/Divisional Forest i. Proddatur - 161791 ha area ii. Kadappa - 170180.62 ha iii. Rajampet - 128050 ha iv. Nellore - 262787 ha

Proddatur 3371.143 ha (iii) Total area diverted Kadappa Plantation raised in 378 ha of degraded area and since 1980 works like tending and gap planting and SMC Works are in progress since 2000-2001. In 205.79 ha Compensatory Afforestation under Buggavanka CAT is under Implementation. Rajampet 108 ha Nellore 105.90 ha

(iv) Total CA stipulated since 1980 Proddatur 3343.143 ha (Forest land) Kadappa - (a) Forest Land Rajampet 1615.84 ha (b) Non-forest land Nellore 7196.26 ha v. Progress of Compensatory afforestation as on (date) on (a) Forest land Proddatur Nil Kadappa 205.79 Rajampet - Nellore 105.90 ha

(b) Non Forest Land Proddatur Nil Kadappa Nil Rajampet 10 ha Nellore 7196.26 ha 25. Specific recommendations of the DCF i. Proddatur: The proposed area is plain to gentle slope with for acceptance or otherwise of the scrub jungle with the species Zyzyphus xylipyrous, proposal with reasons. Carissa carindus, Randia dumatorum, Dichrostatis cineri, Ixora brachiata, Canthium dicoccum, Dollchondron crisps, Diospyrous chloroxylon, Hemicyclia elta, Gardenia gummifera etc. There are no commercially viable species useful for timber, whatever the vegetation existing is stunted, and bushy growth. They are no endangered or rare species of flora and fauna. The proposal may be accepted. ii. Kadappa: The proposed area is plan to gentle slope with scrub jungle growth with the species like Securineba leucopyrus, Proposals juliflora, Anogeisses latiflora, Ptercarpus marsupium, Albizzia labback, Accia Sundra, Zyzyphous xylipyrous, Beuhinio recemso, Grewla rotundlfolia, Hardwicksia binanta. Proposal may be accepted for diversion. iii. Rajampet Recommended for acceptance. iv. Nellore Recommended since it is Govt. priority item of work.

1. The State Government has submitted the proposal without any specific recommendation.

2. The project proponent has submitted the necessary undertakings to bear the cost of NPV has been submitted (Pg 125/c). However, copy of undertaking to bear the cost of CA has not been submitted.

3. Details of the project as provided in the proposal is given as under:

4. HYDROLOGY

S. No. Catchment Area at dam site 48,645 Sq.Km (18,790 Sq. M) 1. Free 20,900 Sq.Km (8,073Sq.M) 2. Intercepted 27,745 Sq.Km (10,717Sq. M) 3. Mean Annual rain fall 660,40 mm (26 Inches) 4. Yield @ 75% dependability 50,387 T.M.C. (1.427 Th.M.Cum) 5. Total Annual Demand Contemplated 48,528 T.M.C.(1.374 Th.M.Cum) 6. Ayacut Contemplated 1,67,670 Ha.(4,14,000 Acres) 7. Khariff (Wet) 1,11,375 Ha.(2,75,000 Acres) 8. Rabi (I.D) 56,295 Ha.(1,39,000 Acres) 9. Rabi (Wet) 7,695 Ha. (19,000 Acres) 10. Cost of Project Rs. 17.20 Crores (Original as on 11/1973) Rs. 467.00 Crores (Updated as on 06/1996)

5. RESERVOIR

S. No. Levels Capacities 1. Minimum river Bed +67.07 m(220.00’) 2.483 TM Cum (87.680 TMC) 2. Minimum Water Level +101.80m(334.00’) 2.209 TM CUM (77.988 TMC) 3. Full Reservoir Level +100.58m(330.00’) 0.463 TM CUM 16.366 TMC) 4. Crest Level +86.868m(285.00’) 0.214TM CUM (7.567TMC) 5. Minimum Draw down Level +82.30m(270.00’) 0.214TM CUM (7.567TMC) 6. Dead Storage Level +82.30m(270.00’) 0.214TM CUM (7.567 TMC) 7. Live storage 1.994 TMC Cum (70.421 TMC) 8. Water spread area at FRL +212.28Sq.Km(82.sq.miles) 9. Water spread area at MWL 232.14 Sq.KM.(89.63 Sq.miles)

6. SOMASILA DAM

EARTH DAM Type of dam Zoned Earth dam. Length of dam 352 Mts. (1155’) Top width of dam 18 Mts. (59.058) NON-OVER FLOW DAM Type of dam Masonry Gravity dam Length of Dam 172.54 M (566.10’) Top level +105.15M(345.00’) SPILLWAY Type of spillway OGEE TYPE Length of Spillway 236.21M(285.00’) Crest level +86.868M(285.00’) Number of gates 12 Nos. Type of gates RADIAL GATES Size of gates 15*24M*14.168M Top of gates +100.736M Maximum discharging capacity at F.R.L 19,680cumees.(6,95,000 C/s) Maximum discharging capacity at M.W.L 22,375cumees (7,90,000c/s) RIVER SLUICES Number of River Sluices 3 Sill Level of River Sluices +76.20 M (250.00’) in 17th & 18th Blocks +76104 M (230.00’) in 19th Block Size 2.40 M*3.60 M

HEAD REGULATORS LEFT RIGHT Sill Level +79.25 (260.00’) +81.38(267.00’) Number of gates 2 Nos. 3 Nos Size of gates 2.0M*2.0M 3.0M*7.5 M

7. MAIN CANALS

S. No. Details North Feeder South Feeder Channel (at Kavali Canal (at off Cannel off take 2.58 Km. of SKFF take 1.40 Km of Canal) Kanigiri Main Canal) 1. Length 72.920 KM 76.20KM 67.50KM 2. Bed width at Head 5.49M 6.50M 13.41M

3. F.S. Depth 2.21M 1.60M 2.134M 4. Bed Level +78.718M +80.950M +31.70M 5. FSL +80.927M +82.55 M +33.83M 6. Velocity 0.655 m/sec 0.867m/sec 0.67/0.76 m/sec 7. Maximum 10.76cumecs 10.00 cumecs 7.65/25.49 cumecs discharge

8. An extent of 1016.00 Ha of Reserve Forest land is required for foreshore submersion(74311a)and excavation of canals and Distributaries( 273 Ha) S. No. Purpose of the area Name of the Reserve Forest Extent of area in Ha required 1 Submersion Turupukonaa RF - 309.25 2 Submersion Konaraitipalli RF 120.50 3 Submersion Lankamalni RF _ _ 4 Submersion Mallamkonda RF 3.00 5 Submersion Ramapurarn RF 21.75 6 Submersion Kokeletkanama RF 252.25 7 Kavali Canal Jaladanki west RF 8.20 8 Kavali Canal Kavali extension RF 17.59 9 Kavali Canal Jammula palem RF 10.81 10 Kavali Canal Jaladanki East RF 18.10 11 Kavali Canal Narayanapuram RF 27.89 12 Kavali Canal Dagadarthi RF 12.75 13 Kavali Canal Bitragunta RF 10.17 14 Kavali Canal Damavaram RF 11.86 15 Kavali Canal Zakkepalli RF 7.63 16 Kavali Canal Chamadala RF 4.425 17 South Feeder Channel Rapur-Veligonda RF 13.74 18 South Feeder Telugurayapuram RF 4.375 19 Channel T.K.Padu RF 1.40 20 South Feeder Chejarla RF 24.75 21 Channel Yeturu RF 7.90 22 South Feeder Prabhagiripatnam RF 9.50 23 Channel Nallapalem RF 6.66 24 G K N Canal(NFC) Udayagiri-Veligonda RF 14.80 25 G K N Canal(NFC) Gowravaram RF 12.69 26 G K N Canal(NFC) Mahimaluru RF 21.57 27 G K N Canal(NFC) Boilachiruvella RF 12.96 28 G K N Canal(NFC) Dubagunta-Rajavolu RF 7.32 29 G K N Canal(NFC) Rajavolu-Punugodu RF 5.46 Total 1015.55 or say 1016 Ha

SITE INSECTION REPORT, REGIONAL OFFICE, CHENNAI

The Addl. PCCF, regional Office, Chennai vide his letter no. 13(.3(9)/INS/ROSEZ/2014/32 dated 25.02.2015 submitted the site inspection report. The site was inspected by Shri K. S. Reddy, Addl. PCCF (Central) 11.11.2014 along with Nodal Officer (FCA), State Government of Andhra Pradesh, local officers of the Forest Department, Superintending Engineer and other officers of the Somasila Project. The facts related to the proposal as reported by the Regional Office, Chennai in its site inspection report are given as under:

1. Details of Division-wise area proposed for diversion – S. No. Name of Forest Division Extent of Forest Remarks Area 1. Proddatur 303.75 ha Foreshore submersion 2. Kadappa 187.00 ha -do- 3. Rajampet 252.25 ha -do- Total forest area under submergence 743.00 ha -do- 4. Nellore 273.00 ha Canal construction Total forest area 1016.00 ha Foreshore submersion and canal construction

The entire 743 ha forest area of Proddatur, Kadapa and Rajampet Forest Divisions proposed for diversion is for foreshore submersion under the reservoir. The entire area of 273 ha proposed for diversion in Nellore District is for Canal Distributory System. 2. Foreshore Submersion Area i. At FRL, the area under submergence is estimated to be 21228 ha. Of this, 743 ha is forest land. 706.75 ha of forest area falls in Penisula Narasimha Wildlife Sanctuary (notified on 15.9.1997) and remaining 36.25 ha of forest land falls in Sri Lanka Malleswara Wildlife Sanctuary (notified on 17.7.1998). Both the sanctuaries fall in YSR Kadapa District of Andhra Pradesh. ii. The project proposals were approved by the Planning Commission of for inclusion in the 5th Five Year Plan in 1973. The survey and investigation of the project were completed before 1978, duly obtaining permission from the concerned Forest Department officials. Construction of right head regulator was taken up in the year 1978 with the permission of the Divisional Forest Officer, Nellore in a strip of 1500 meter length and 100 meter width and the works were completed in the year 1989. iii. Project was constructed across river Penna near Somasila village, mainly to stabilize existing wet ayacut and creation of ayacut covering over 300 villages in the command area. Currently, the project has helped in stabilization of existing ayacut of 4,05,500 acres and is providing irrigation to new ayacut of 1,79,000 acreas. From the project, 1.70 TMC of water is being supplied to Nellore, Kavali and Atmakur for drinking purposes and 1.8 TMC of water is being supplied for industrial purpose in the district. The project is transmitting 30 TMC of water to Kandaleru Reservoir for irrigating 3 lakh acres of ID Ayacut in Telugu Ganga Project in Nellore and Chittoor Districts and 15 TMC of Krishna water to Chennai for drinking water needs through Kandaleru Reservoir. iv. The project is site specific. The site has been selected for construction of dam keeping in view the geological considerations, economy and command area, main canals and distributory system. v. The altitude of most of the area proposed for diversion ranges from 320 to 330 feet. It is gathered that in the top 3 meter contour interval, submersion will be for a short period of about 20 days. If the submersion is for such a short period, most of the species are likely to survive. Hence, no felling may be required in the area proposed for diversion. vi. The reservoir has become a good source of water for wild animals. 3. With regards to Canal Distribution System, the Regional Office has submitted as under: i. According to the proposals furnished, the Somasila project has 3 main canals, viz., (1) Kavali Canal (Musunuru Major), (2) North Feeder Canal (GKN Canal) and (3) The South Feeder Canal. ii. Total length of the proposed canals in forest area is 272.60 Km. and the extent is 273 ha. The forest area falls in 23 blocks / stretches. The density of the crop in the area is from 0.2 to 0.4. The vegetation is thorny scrub. The work has been completed in a length of about 172.32 Km. and the work is yet to be taken up in the remaining 100.28 Km. 14.8 ha is in GKN Canal (North Feeder Channel) and 13.74 ha in South Feeder Channel fall in Sri Penusila Narasimha Wildlife Sanctuary. Number of trees to be felled are 4832

4. Observations & recommendation of the Regional Office, Chennai Observations i. Proposals for diversion were initially submitted to the Forest Department in the year 1984 but the same were returned since they were not in proper format and did not contain full details. After several rounds of joint inspections and the meetings with the project authorities, the Section-2 proposals were processed and submitted to the Conservator of Forests, vide Rc.No.9363/83-F11 dated 21.2.2007. ii. The area sought for is the barest minimum for the project. There are no archaeological / heritage sites / defence establishments or any other important monuments in the area proposed for diversion. iii. 22000 ha of Somasila Dam Reservoir area and adjoining unreserved area have been included in the Penusila Narasimha Wildlife Sanctuary. iv. The project work has clearly been started prior to 1980. In the year 1984, half-hearted attempts seem to have been made for getting the approval under FC Act 1980, since the work was ongoing, as on 25.10.1980. Water storage has commenced from the year 1988 without obtaining Forest clearance. In case of canal construction in about 172 ha out of the 272 ha involved in construction of canal, the violation is blatant. The justification given by the project authorities for execution of the work is that this is a project of utmost importance to the people of Nellore District as it stabilizes ayacut over 4 lakh acres and provides drinking water to Nellore, Kavali and also to Chennai and Government have been allotting huge quantum of funds over the years for the implementation of the works under the project. Since the violations have taken place almost 30 years ago, almost all the officers responsible for the violations, most probably, would have retired by now. However, it is necessary that penal Compensatory Afforestation is stipulated so that it will act as a deterrent in future. Recommendation Looking to the benefits of the project to the people of the area and supply of water to Chennai city, the proposal is recommended for favourable consideration with the following conditions in addition to the usual conditions: - i. Additional 1016 ha shall be provided for penal Compensatory Afforestation along with the cost of afforestation and maintenance. ii. Bridges will be constructed for the smooth movement of the animals across the canals, wherever required in consultation with the local DFO. iii. Ramps shall be provided at selected places in consultation with the DFO to facilitate animal movement for drinking water. iv. Fencing shall be erected, wherever required, along the canal to prevent falling of animals into the canal. v. Water shall be made available for the purpose of forest nurseries. vi. Water shall be provided, free of cost, for irrigated plantations, to be raised along the canals, wherever feasible, limiting the water to 1.00 TMC. vii. Other condition(s), if any, prescribed by the Chief Wildlife Warden, Andhra Pradesh Forest Department will be complied with. 5. The above mentioned proposal was considered in the Forest Advisory Committee (FAC) in its meeting held on dated 03rd June, 2015, minutes of the meeting are placed in the file at (Pg. 519-549/c). 6. The FAC after thorough deliberation recommended that following information/ documents be sought from the state government. (i) The DGPS map in shape file in respect of the Land proposed for diversion and area proposed for Compensatory Afforestation. (ii) The RF wise and WLS wise extent of forest land already under submergence and used for construction of canal without prior approval under FC Act and the date since when this land is being used in violation. (iii) The comments of the CEC, if any, in respect of the violation committed by the state Government and the action taken in this regard. (iv) Complete CA scheme in respect of all the Divisions. (v) CAT plan duly approved by the competent authority. (vi) Clarification whether the State Government has settled rehabilitation issues in respect of the families affected by the project as per its G.O dated 19 March 1980. (vii) Compliance of Scheduled Tribe and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as per the Guidelines issued by the MOEFC. (viii) The comments of the State Government on the observation of the Regional Office of the MoEFCC that the submersion is for a short period, most of the species are likely to survive and, therefore, no felling may be required in the area proposed for diversion. 7. The above recommendations were communicated to the State Government of Andhra Pradesh vide this Ministry’s letter even number dated 01st July, 2015 (Pg. 517/c). Now the State Government of Andhra Pradesh vide their letter no. 6018/Section.II//2007 dated 08th June, 2018 has forwarded a point-wise reply in respect of this Ministry’s letter dated 01.07.2015 and the same is given as under: S. Information sought by GoI, Reply Submitted by the PCCF & HoFF No. MoEF&CC

1. The DGPS map in shape file showing the In this regard the State Government informed that the boundary of forest area proposed for authenticated DGPS maps of the Forest land proposed diversion and area identified for raising for diversion to an extent of 258.32 Hectares in compensatory afforestation. Proddatur division, 194.17 hectares in Kadapa Division, 288.96 hectares in Rajampet division is appended to respective Booklets No.1, 2 & 3.

Authenticated DGPS maps of the Forest land proposed for diversion to an extent of 274.04 Hectares in Nellore Division is appended.

Authenticated DGPS maps of the area proposed for Compensatory Afforestation in Nellore Division to an extent 1103.82 Hectares is appended to the Booklet No.4.

2. The RF wise and WLS wise extent of In this regard the State Government informed that it is forest land already under submergence and stated by the Superintending Engineer, Somasila used for construction of canal without project circle that the violation took place prior to prior approval under FC Act and the date notification of wildlife sanctuary under section 18 of since when this land is being used in wildlife Protection Act, 1972. violation. Further Details of Reserve forest wise and WLS wise extent of forest land already under submergence and used for construction of canal without prior approval under FC Act along with year wise list of officers responsible for violation of FC Act 1980 is shown in the Page No.11 to Page No.22 of Booklets 1,2&3 and page No.11-14 of Booklet No.4

3. The comments of the CEC, if any, in In this regard the State Government informed that the respect of the violation committed by the I. A. No. 2535 of 2008 has been filed by the State of state Government and the action taken in Andhra Pradesh in connection with Somasila this regard. Reservoir involving use of 735.29 Ha. of forest land falling in Pensula Narasimha Wildlife Sanctuary and 36.25 ha of forest land falling in Sri Lankamalleswara Wildlife Sanctuary.

The CEC during the hearing on 04.09.2013 ha recommended the project to Hon’ble Supreme Court of India to consider permitting use of forest land in both the sanctuaries, wherein the CEC has not made any comments in respect of the violation committed by the State Government.

The reports of the CEC vide F. No. 1- 19/CEC/SC/2008-Pt.XXXVI, Dt.04.09.2013 is also appended in the Page Nos 24-32 of Booklets No.1,2&3.

4. Complete CA scheme in respect of all the In this regard the State Government informed that the Divisions. Complete CA scheme to an extent of 1103.82 Hectares with an outlay of Rs. 3973.996 lakhs is prepared and annexed in Booklet No.4. 5. CAT plan duly approved by the In this regard the State Government informed that the competent authority. approved CAT plan of all three divisions is shown from page No 37 to page No 46 of Booklets No. 1,2&3.

Abstract of CAT Plan division wise is as follows:

Kadapa division to an extent of 10,000 Hectares with an outlay of Rs 884.825 lakhs is approved.

Proddatur Division to an extent of 10,000 Hectares with an outlay of Rs 803.505 lakhs is approved.

Rajampeta Division to an extent of 5943.325 Hectares with an outlay of Rs. 465.45 lakhs is approved.

Total outlay is for Rs. 2153.78 Lakhs (21.537 Crores) for an extent of 25943.325 Hectares.

6. Clarification whether the State In this regard the State Government has informed that Government has settled rehabilitation the User Agency stated that the Government of Andhra issues in respect of the families affected by Pradesh in G.O. MS No. 58, Irrigation Power the project as per its G.O dated 19 March (Projects) Department dated 19.03.1980 issued orders 1980. that no new rehabilitation centers should be set up under any project and it is decided that the displaced families of the Somasila project should be paid exgratia cash grant in lieu of rehabilitation facilities at the rates prescribed therein.

Accordingly the displaced families have been evacuated their submerged villages after receiving the exgratia cash grants in lieu of rehabilitation facilities and settled themselves at the places of their choice.

The special Collector (LA), GNSS, Kadapa (competent authority in settlement of LA & R issues) has confirmed and furnished the list of villages evacuated in data wise after receiving Exgratia cash grants vide Rc No. A1156/2018 Dated 26.04.18 and enclosed at Page No. 49 of Booklets No. 1,2 & 3.

7. Compliance of Scheduled Tribe and other In this regard the State Government informed that the Traditional Forest Dwellers (Recognition RoFR certificate to an extent of 741.45 hectares falling of Forest Rights) Act, 2006 as per the in Kadapa district has been issued by the District Guidelines issued by the MOEFCC. Collector, Kadapa vide letter No. E6/879/2018 dated 27.04.2018 and the same is appended at Page No. 59 of Booklet No.1.

The RoFR certificate to an extent of 274.04 hectares falling in Nellore district has been issued by the District Collector, Nellore vide letter No. E (11)/574/2018 dated 01.05.2018 and the same is appended at Page No. 87 in Booklet No. 4.

8. Comments of the State Government on the In this regard the State Government informed that the observation of the Regional Office of the proposed area of submergence under foreshore MoEFCC that the submergence is for a submersion of the Somasila backwaters comprises of short period, most of the species are likely thorny scrub growth of miscellaneous species and the to survive and, therefore, no felling may be survival of plants depends on submergence period. If required in the area proposed for diversion. the period of submergence is 20 days or less the survival would be more. The foreshore submergence of the forest is seasonal and the water levels will vary depending upon the storage of water.

Hence the thorny scrub jungle growth in the area of submergence is likely to survive even after receding of water and therefore “no felling of trees is required in the area proposed for diversion.”

8. Inspector General of Forests (Forest Conservation), MoEF&CC, GoI, , accorded on F/R that the said proposal as submitted by the State Government in year of 2007, is very old/time barred in between various guidelines and Rules are changed. 9. As per Para 4.14 of Hand Book FCA 1980: In cases where the State Government is requested to furnish clarifications or additional information relating to proposals, all particulars should be made available to the Central Government within 60 days. If such particulars are not received within a maximum of 90 days, the proposal may be rejected by the Central Government for non-furnishing of essential information. Such cases could be reopened provided the following conditions are satisfied: a. all the required information has been made available b. delay in providing the information is satisfactorily explained, and c. There is no change in the proposal in terms of scope, purpose and other important aspects. 10. In view of the above facts, proposal is submitted for soliciting further directions for placing the same before the FAC in its forthcomings meeting scheduled to be held on 19.12.2018. *****