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Agenda-1 F. No. 8-67/2013-FC

1. The State Government of vide their letter dated 19.08.2013 submitted a proposal to obtain prior approval of the Central Government, in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 75.828 hectares of forest land for construction of railway line by South Eastern Railways from Food Corporation of (FCI) shunting neck of to Sardega (Gopalpur) in Sundargarh and Jharsuguda Forest Divisions (Jharsuguda to Chichhinda in involving 6.93 ha. of forest land) and Kanaktora to Sardega (Gopalpur) in Sundargarh District involving 68.898 hectares of forest land) for transportation of coal through railway infrastructure. 2. Details indicated in the proposal submitted by the are as below:

FACT SHEET

1. Name of the Proposal Diversion of 75.828 hectares of forest land for construction of railway line by South Eastern Railways from Food Corporation of India (FCI) shunting neck of Jharsuguda to Sardega (Gopalpur) in Sundargarh and Jharsuguda Forest Divisions (Jharsuguda to Chichhinda in Jharsuguda district involving 6.93 ha. of forest land) and Kanaktora to Sardega (Gopalpur) in Sundargarh District involving 68.898 hectares of forest land) for transportation of coal through railway infrastructure.

2 Location:

State Odisha.

District Jharsuguda and Sundargarh districts

3. Particular of Forests

(i) Name of Forest Division North and Sundargarh Forest Divisions

(ii) Area of Forest land for 75.928 hectares Diversion

(iii) Legal Status of Forest Sambalpur North Division land Village Forest: 6.93 hectares Sundargarh Forest Division Revenue Forest: 65.912 hectares DLC Forest: 2.986 hectares Total- 68.898 hectares 5

(iv) Density of Vegetation Sambalpur North Division Eco Value Class – III, Canopy density- 35 % Sundargarh Forest Division 30 %

(v) Species-wise and Total enumeration has been carried out over diameter class wise applied forest of 75.828 ha as well as 203.046 ha of enumeration of trees Non-Forest Government and Private Land. 12242 nos. of trees having girth above 30 cm have been enumerated in district. Similarly, in Jharsuguda district, 5467 nos. of trees having girth above 30 cm has been enumerated. Thus, in all 17,709 nos. of trees have been enumerated in both the districts over forest, non- forest and private land. The abstract of trees enumerated is given below:

Name of No. of trees Forest Division Total Private landPrivate Non-Forest Govt. Land Forest Land Sundergarh 1540 2283 8419 12249 Jharsuguda 4161 4161 1194 112 5467 Total 5701 3477 8531 17709

4. Vulnerability of area to Sambalpur North Division erosion Proposed forest land is not vulnerable to erosion. It is mostly flat & covered with bushy forest growth. Sundargarh Forest Division Not susceptible to erosion.

5 Approximate distance of Sambalpur North Division proposed site for Katikela R.F.- 7.5 km, diversion from boundary Mohulmunda PRF – 5.25 km, of forest Rajpur PRF- 2 km Ullap PRF- 5.25 km 6

Sundargarh Forest Division Closed to Pandripani RF

6. Whether forms part of Sambalpur North Division National Park, Wildlife No Sanctuary, Biosphere Sundargarh Forest Division Reserve, Tiger Reserve, Not Applicable Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed)

7. Whether any rare/ No endangered/ unique species of flora and fauna found in the area if so, details thereof

8. Whether any protected No archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required

9. Whether the requirement Sambalpur North Division of forest land as The proposal is for construction of Railway Line. proposed by the User The requirement of forest land indicated by the Agency in col.2 of Part-I User agency in Part-I is unavoidable and bare is unavoidable and bare minimum for the project. minimum for the project. Sundargarh Forest Division If no, recommended area The requirement of forest land proposed for item-wise with details of diversion is the minimum & inevitable for the said alternatives examined project.

10. Whether any work in No. violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. 7

Whether work in violation is still under progress

11. Details of Compensatory Considering the fact that the project proponent i.e. Afforestation Scheme: South Eastern Railways is a Central Government agency, degraded forest land twice the extent of forest land (i.e. 75.828 X2 = 152.796 ha) proposed for diversion has been identified in two patches i.e. 15 ha and 137.796 ha. in RF by the Divisional Forest Officer, Jharsuguda Forest Division and Sundergarh Forest Division respectively as per provision at para 3.2 (ix) (a) of the consolidated guidelines of Forest Conservation Act, 1980 for the purpose of raising Compensatory afforestation thereon. While 15 ha of degraded forest land has been identified in Barpali village forest 137 ha of degraded forest land within a patch of 140 ha of degraded forest land inside Garjan pahad RF has been identified by the DFO , Sundergarh Division for the purpose of raising compensatory afforestation thereon in lieu of forest land proposed for diversion, As reported, identified areas have been demarcated by posting RCC pillars. The Divisional Forest Officer, Sundergarh Division has prepared a site specific compensatory afforestation scheme in Assisted Natural Regeneration (ANR) Plantation Mode at an estimated cost of Rs. 35,92,000/- as per current wage rate of Rs. 150/- per day also including the cost of maintenance for 10 year etc. He has also furnished land suitability certificated for the identified degraded forest land for CA. The species to be raised under the CA scheme are Mahua,Amla , Bamboo, Karanja , Asan, Teak, Sisoo , Gambhar , Neem etc. The Chief Conservator of Forests (Forest Diversion) & Nodal Officer, FC Act has accorded technical approval to the scheme. The user agency has furnished an undertaking to pay the cost of raising the compensatory afforestation.

Similarly the Divisional Forest Officer, Jharsuguda Division has prepared a site specific 8

compensatory afforestation scheme in Assisted Natural Regeneration (ANR) Plantation Mode at an estimated cost of Rs. 4,15,000/- as per current wage rate of Rs. 150/- per day also including the cost of maintenance for 10 years etc. He has also furnished land suitability certificate for the identified degraded forest land for CA. The species to be raised under the CA scheme are Mahua, Amla Babboo, Karanja, Asan, Teak, Sisoo, Gambhar, Neem etc. the chief Conservator of Forests (Forest Diversion) & Nodal Officer, FC Act has accorded technical approval to the scheme. The user agency has furnished an undertaking to pay the cost of raising the compensatory afforestation.

12. Recommendation

DFO Sambalpur North Division Recommended Sundargarh Forest Division Project is required for transportation of coal from Basundhara Coal Block of MCL to Jharsuguda.

CF Recommended

PCCF Recommended

State Govt. Recommended

3. The State Government of Odisha in their said letter dated 5th May 2011 submitted following additional information pertaining to the proposal:

(i) The production of coal by the Coalfields Ltd. from IB valley area and Basundhara are and its transportation to various power plants and industrial sectors of Eastern India, Southern India and Western India have been rising steadily. In order to meet huge demand of coal for these industrial units, there is need to have separate rail infrastructure linking the major collieries of Mahanadi Coal Field Ltd. from where approximately 21 million tonnes of coal is proposed to be transported annually.

(ii) The proposed new railway line of S.E. Railways for transportation of coal produced by MCL, would be from FCI siding at Balijori shunting neck of Jharsuguda to Sardega (Gopalpur) of connecting collieries of IB Valley area and Gopalpur –Basundhara area. The need for construction of new independent Railway line exclusively for transportation of huge reserves of coal was conceptualized by MCL and as per understanding reached between in MCL and SE Railways on 10.10.2006, the construction of Railway line including 9

acquisition of land and obtaining required permission shall be carried out by the SE Railways. The draft project report for this have been made by M/s RITES, Kolkata having rate of return 29.31% of the investment which would be a highly profitable projects for Government of India.

(iii) This linear project spreads over two Forest Divisions namely, Jharsuguda Forest Division and Sundergarh Forest Division. The Divisional Forest Officer, Sundergarh Forest Division ins reportedly the Nodal Officer to compile and consolidate the diversion proposals. The proposed railway line will traverse a distance of 23.6 Km. in Jharsuguda Forest Division and 26.54 Km. in Sundergarh Forest Division. The total land required for the project is 278.874 ha which comprises of 68.698 of forest land in Sundergarh district (65.912 ha Revenue Forest Land, 2.986 ha DLC Forest) and 6.93 ha village Forest land in Jharsuguda district, 60.724 ha Non-forest Government land and 142.322 ha of Private land in both the Divisions. Hence, the Diversion Proposal has been prepared/ processed over 75.828 ha of forest land combining the forest land proposed for diversion in Sundergarh Forest Divisions and Jharsuguda Forest Division.

(iv) This applied area does not from part of any National park/Wildlife Sanctuary/ Biosphere reserve/Tiger Reserve/Elephant Corridor or Elephant pathway. There is no archeological monument within the applied area.

(v) The total cost of this project is about Rs. 472.22 Crores. This project will generate employment for 460 persons during construction of the railway line and 50-60 employees will be engaged on permanent basis after completion of the line for maintenance and running of the train.

(vi) This project being non-site specific in nature, feasibility of these different alternative alignments for the rail infrastructure project connecting the coal blocks to different rail heads on S.E. railways main line in the (Howrah-Mumbai Trunk route) has been surveyed by the user agency. Details of alternative examined are as under.

(a) Alternative –I (Route length 46 Km) The proposed alignment will connect Railway Station via- Gidgthara, Kechhobahal, Laikera , and Sardega. This alignment is party passing through Bajpur & Bikramakhol Reserve Forest. It has been estimated that this alignment is passing through 11.5 Km of Reserve Forest out of total 66 Km. This alignment is costlier and not economical. Further the alignment will increase congestion in the Howrah- Mumbai Trunk route as there is no holding line at the exiting Stations at Belpahar, Brajarajnager and IB.

(b) Alternative –II (Route length 65 Km) The proposed alignment will connect Himgiri Rialway Station via – Bandbahal, Kechhobahal, Ghampasan, Garjanbahal, Tikilpara and Sardega, Maximum length of alignment is reportelly passing through Chengapahar, Makarchhata , Satpalia Balijori, Jhatikhol, Bakibahal , Kaletpani , Jankani Reserve Forests and Bandhbahal protected forest. As estimated, this alignment is longest among the three alternatives. Follow circuits route for holding lines and the operation in not safe. This alignment is passing through maximum reserve 10

forests and protected forests of 18 Km length. The alignment is less remunerative with much more capital investment of 106 crores. More over the alignment is also passing through coal bearing area of MCL.

(c) Alternative –III (Route length 46 Km) The proposed alignment will connect existing FCI –Shunting neck at Jharsuguda Railways Juncition via- Malidihi , Kechhobahal, Laikera, Barapali and Sardega . passing through no reserve forest and protected forests :- This alignment is the suitable in comparison to other two alternatives . Involvement of forest land and Capital Investment in minimum. Alignment is the shortest and operationally more economical. It is advantageous to use the existing Goods yard at Jharsuguda which has adequate number of lines to deal with extra traffic load from proposed project line. More importantly, this alignment is not passing through any Reserved Forest and Protected Forest.

(vii) The comparison table of different parameters of each alternative alignment is given below.

Sl Parameter Alternative - Alternative - Alternative - No. I II III

1 Route (Km) 46 65 46

2 Total Length 66 68 58 (Km)

3 Cost of Civil 90.0 Cr 106.0 Cr. 86.7 Cr. engineering work (Rs.)

4 Acquisition of 11.5 Km 18 Km 7.5 Km forest land track length

5 Encroachment Nil 4 Km Nil of coal bearing area (track length)

(viii) Keeping in view that Alternative –III does not involve any RF/PF land and also this alignment is economically viable, the proponent has finalized this alignment for construction of the railway line. Moreover, the DFOs have reported that forest land proposed for diversion for this project is not vulnerable to erosion and also the extent of forest land is barest minimum and unavoidable. (ix) The total required for the project is 278.874 ha which comprises of 68.698 ha of forest land in Sundergarh district (65.912 ha Revenue Forest Land, 2.986 ha DLC Forest) and 6.93 ha village Forest land in Jharsuguda district, 60.724 ha Non- forest Government land and 142.322 ha of Private land in both the Divisions. As 11

such, in all , 75.828 ha of forest land is required to be diverted for the construction of Railway line from Jharsuguda to Sardega (Gopalpur) by South Eastern Railways, Jharsuguda, for transportation of coal being produced by MCL in IB Valley coalfields and Gopalpur- Vasundhara coalfields.

(x) The purpose –wise breakup of the total land required for the project is furnished below.

SUNDARGARH FOREST DIVISION

Sl. Purpos Revenue DLC Village Total Govt. Private Total No e/ Type Forest Forest Forest Forest Non- land (in land . of use land (in land land (in Land Forest ha ) (in ha ) ha) (in Ac) ha) (in ha) Land (in ha ) 1 Station 12.003 0.149 0 12.152 1.105 7.689 24.976 areas includi ng station yards 2 Major 0.910 0 0 0.910 0.465 0 2.014 Bridges 3 Minor 1.307 0 0 1.307 0.465 0.565 2.337 Bridges 4 Level 0.445 0 0 0.445 0.259 0.175 0.879 Crossin g 5 Railwa 51.247 2.837 0 54.084 15.787 34.021 103.892 y track in mid section Sub-Totals ( 65.912 2.986 0 68.898 22.751 42.452 134.101 in Ha )

JHARSUGUDA FOREST DIVISION 1. Station 0 0 1.007 1.0077 2.988 11.047 15.0427 areas including station yards 2. Major 0 0 0.0364 0.0364 3.476 0 3.5124 Bridges 3. Minor 0 0 0.1092 0.1092 0.093 1.193 1.3952 Bridges 4. Railway 0 0 5.777 5.777 31.416 87.63 124.823 track in mid section including level crossing Sub-Total 0 0 6.9303 6.9203 37.973 99.870 144.773 12

area in Ha Grand 65.912 2.986 6.930 75.828 60.724 142.322 278.874 Total Area in ha

(xi) Tree Species which are commonly noticed in this area Shorea robusta, Madhuca indica, Pangamia pinnata, Butea monosperma, Terminelia beleria, Terminelia tomontosa, Lelea tentagyna, Rhyzophora mucronata etc.

(xii) Wild animals such as Hyena, Sus scrofa, Presbytis entellus , Melursus urcinus, Lepus nigricollis Herpestes edwardisi and reptiles are noticed in the area. No rare or endangered flora and fauna is noticed in this area.

(xiii) Through the area does not form a part of National Park/Wildlife Sanctuary /Elephant Corridor. Due care has to be taken for conservation of Wildlife. For this purpose the user agency has to implement the site specific wildlife conservation plan for this project at their cost. The said plan shall be prepared by the user agency as per guidelines of CWLW, Odisha and it shall be approved by the CWLW, Odisha for implementation at project cost, The user agency has furnished and undertaking to pay the cost of Site Specific Wildlife Conservation Plan duly approved by the Principal Chief Conservator of Forests (Wildlife) & Chief Wildlife Warden, Odisha.

(xiv) As per the report of the Divisional Forest Officer (Nodal Officer) Sundergarh Division the total benefit of this proposal comes to Rs. 20841.295 Crores per annum. The loss on forests including environment loss, NPV cost and other mandatory payments comes to Rs 1.2688 Crores. Hence the cost benefit ratio of the project is estimated to be 1:16426.

(xv) As indicated by the Divisional Forest Officers in their respective Site inspection reports, this proposal does not involve displacement of human habitation, hence R&R Plan is not required.

(xvi) Construction of Railway line does not figure among the projects requiring prior environment clearance of MoEF, Government of India as per EIA Notification 2006 However, the user agency has furnished and undertaking to obtain Environment Clearance, if required. The user agency shall take up avenue plantation on either side of alignment at their cost in consultation with Divisional Forests Officers concerned.

(xvii) As reported, the user agency has undertaken construction of Major Bridge over river IB and minor bridge works in the initial 3 Kms of Jharsuguda district starting from Howrah-Mumbai main trunk railway line in the non-forest area. Therefore user agency has violated Para 4.4 of Forest (Conservation) Act Guideline. The Penal Compensatory Afforestation over 10.0 ha of degraded forest land or any other penal measure, as deemed proper, may be imposed on the user agency for having committed such violations.

(xviii) Ministry of Environment and Forests, Government of India in their letter F.No. 11-9/98 dated 8.7.2011 have issued guidelines that all applications seeking prior 13

approval of the Central Government under Forest (Conservation) Act, 1980 for diversion of forest land for non-forest purpose must be accompanied with Geo- referenced boundary in shape file pertaining to forest land proposed for diversion. These documents /Maps are required to ensure accurate delineation of the forest area to be diverted. The user agency in compliance to this order, has submitted the required digital maps duly authenticated by ORSAC and Divisional Forest officers concerned Forest Division which in enclosed to the DP along with the shape file. The soft copy in CD –Form is also appended to the DP for reference.

(xix) Upon receipt of the Govt. of India, MoEF circular vide F. No. 11-9-1998 –FC (pt) dt. 3.8.2009 in the matter of ensuring compliance to the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 while processing a forest diversion proposal, the State Government of vide their letter dt. 24.10.2009 and dt. 30.9.2010 had asked all the Collectors, who are the chairpersons of the Districts Level Committee constituted under Section 6 (5) of the Forest Rights Act, 2006 to submit the relevant certificates appended with required evidences whenever any User Agency applies for diversion of forest land for projects under Forest Conservation Act, 1980 along with the two other documents of the concerned Gram Sabhas as per specification given in Govt. of India, MoEF circular referred to above.

(xx) In the instant forest diversion proposal that involves 75.828 ha of forest land , the Collectors of Sundergarh and Jharsuguda districts have furnished relevant certificates on five intems as prescribed by the Government of India, MoEF along with copies of resolutions of Gram sabhas along with its English version , The Collector, Jharsuguda has furnished the relevant certificate. He has also furnished the copies of Gram Sabha resolutions of Lahandabadu village held on 19.04.2012, Katapali village held on 19.04.2012, Deogaon village held on 20.4.2011 and Gourmal village wise held on 20.4.2011 Similarly, the collector, Sundergarh has furnished village wise certificate for the projects coming within Sundergarh district. Further, the Collector Sundergarh has also furnished the copies of Gram Sabha resolutions for Kanaktora village held on 18.6.2010 ,Barpali village held on 25.07.2007 , Duduka village held on 23.4.2010, Kuisira village held on 31.05.2012 , Bandhapali village held on 23.4.2010, Chuabahal village held on 18.9.2010, Tithaitanger village held on 20.7.2010, Chuabalhal village 25.5.2012 and Laikera village held on 20.10.2011.

4. The State Government of Odisha in their said letter dated 5th May 2011 recommended grant of approval under the Forest (conservation) Act, 1980 for diversion of the said forest land subject to fulfillment of following additional stipulations.

(i) The execution of the projects shall be subject to environmental clearance under EIA Notification, 2006 if applicable.

(ii) The project proponent shall implement the site specific wildlife conservation plan duly approval by the CWLW, Odisha at project cost.

(iii) User agency shall comply with the penal measures as would be imposed by the MoEF for having initiated project activities over non- forest land prior to having forest clearance for the project.

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(iv) User agency shall take up avenue plantation on either side of alignment at their cost in consultation with Divisional Forest Officers.

5. The proposal is placed before the Forest Advisory Committee for its examination and appropriate recommendations. *****