AGENDA for the MEETING of FOREST ADVISORY COMMITTEE �SCHEDULED to BE HELD on 15Th - "41, November, 2018 Sandeep Sharma, AIGF (FC)

AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 15th - "41, November, 2018 Sandeep Sharma, AIGF (FC)

Area Video S. Page File No. Name of the proposal State Applied Category Conference No. No. (ha.) Time Diversion of 56.86 ha forest land for 8,64/2018 1. construction of Kotgal barrage under 10.30 AM to -FC Maharashtra 56.86 Irrigation 1 FCA,1980. 12.30 PM Diversion of 1007.29 ha of forest land for North Koel Dam Project in the State 8-32/2017- of Jharkhand-A reference form PMO 10.30 AM to 2. FC for review of North Coal Project and Jharkhand 1007.29 Irrigation 13 12.30 PM MoEF&CC will process the stage-II forest clearance by 25th November, 2018-regarding Diversion of 75.635 ha of forest land within the limits of Paradip Port Trust at Parasdip coming under jurisdiction of Rajnagar mangrove Division/ 8-68/2018- 10.30 AM to 3. Jagatsinghpur district, Odisha for Odisha 75.635 Others 39 FC 12.30 PM development of Outer Harbour including Wester Dock & mechanization of existing operational - berth by M/s Paradip Port Trust. Diversion of 360.01 ha forest land [160.838 ha: Sabik Kisam forest land plus 199.1720 ha forest land(RF&KF)] located within total mining lease hold 8-01/2018- area over 403.3238 ha. of Katamati iron 10.30 AM to 4. Odisha 360.01 Mining 55 FC Ore Mines of M/s Tata Steel Ltd. under 12.30 PM Section 2(ii) of Forest (Conservation) Act 1980. in Keonjhar district Odisha- Modification in Stage-I approval condition.

Shri Shrawan Kumar Verma, DIG (FC)

Area Video Page S. Category Conference File No. Name of the proposal State Applied No. No. (ha.) Time Proposal for diversion of 150.84 hectares of forest land for establishment of Eco-Theme Park under Capital City 8-23/2018- Andhra 10.30 AM to 1. Infrastructure Development Projects in 150.84 Others 60 FC Pradesh 12.30 PM Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA. Proposal for diversion of 434.85 hectares of forest land for development of Integrated Institutional Complex under Capital City Infrastructure 8-24/2018- Andhra 10.30 AM to 2. Development Projects in Kondaveedu 434.85 Others 70 FC Pradesh 12.30 PM Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Proposal for diversion of 123.82 hectares of forest land for setting up of Science City under Capital City or - 0 Infrastructure Development Projects in 8-25/2018- Andhra 10.30 AM to 3. Mothadaka Forest Block, Guntur 123.82 Others 79 FC Pradesh 12.30 PM Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Proposal for diversion of 118.30 hectares of forest land for establishment of Eco-Tourism Village under Capital 8-26/2018- Andhra 10.30 AM to 4. City Infrastructure Development 118.30 Others 88 FC Pradesh 12.30 PM Project in Pedamaddur Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA. Proposal for diversion of 250.08 hectares of forest land for establishment of Forest Academy, IIF&CC,APFD,APFDC,APPCB and 8-27/2018- Andhra 10.30 AM to 5. NGC under Capital City Infrastructure 250.08 Others 96 FC Pradesh 12.30 PM Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA. Proposal for diversion of 231.33 hectares of forest land for establishment of Bio-diversity Park under Capital City Infrastructure Development Projects in 8-28/2018- Andhra 10.30 AM to 6. Nidumukkala Forest Block , Guntur 231.33 Others 106 FC Pradesh 12.30 PM Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Proposal for diversion of 1625.53 hectares of forest land for establishment of Aerospace precision Engineering Innovation & Research and Green 8-29/2018- Mobility Park in Venkatayapalem Andhra 10.30 AM to 7. 1625.53 Others 116 FC Extn-1 & Extn-8 RFs in Guntur Pradesh 12.30 PM Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Proposal for diversion of 371.80 hectares of forest land for development of E-5 Park under Capital City Infrastructure Development Projects in 8-30/2018- Andhra 10.30 AM to 8. Karlapudi Forest Block, Guntur 371.80 Others 127 FC Pradesh 12.30 PM Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Diversion of 15.981 ha. for approach 8-14/2018- Road, Downhill Pipe Conveyor and 1030. AM to 9. Karnataka 15.981 Others 138 FC (Vol.) Feed & Transfer Point Area for Rama 12.30 PM Iron Ore Mine ML No. 2621. Diversion of 0.604 ha. of forest area 8-12/2018- Karnataka 10.30 AM to 10. proposed for Downhill Pipe Conveyor 0.604 Others 147 FC (Vol.) (DE PC) for Bhadra Iron Ore Mine ML 12.30 PM No. 2365 and Tunga Iron Ore Mine ML No. 2366. IF •r, Diversion of 5.271 ha. of forestland for Existing/Proposed Approach Road, Downhill Pipe Conveyor, Service 8-07/2018- Roads, Transmission Line Cable and Karnataka 10.30 AM to 11. 5.271 Others 154 FC (Vol.) Water Pipeline in S.M. Block, Sandur 12.30 PM South Range, Lakshmipura Village, Sandur Taluk, Ballari District, Karnataka. 11' <-0ee NINO...1%-W% / niCIrC fr(-}

Aeevt tl-9 NO

1t/12/2018 forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017

File No. 8-64/2018-FC

Subject : Kotgal Barrage Dist. Gadchiroli

1. The State Goverment ()Maharashtra vide their letter no. FLD-2018/CR-245/F-10 and date 24-08-2018 submitted the above mentoned proposal to obtain prior approval of central Goverment,in accordance with Section-2 of the Forest(Conservetion)Act,1980.

2. Details indicated in the proposal submitted by the Government of Maharashtra are as below

FACT SHEET

Project Details

(i) Proposal No FP/MH/IRRIG/25880/2017

Name of the Proposal Kotgal Barrage Dist. Gadchiroli

Short Narrative of the proposal and The Kotgal Barrage is situated in Naxal prone Gadchiroli district in Maharashtra Project/scheme for which the forest land state on Waingariga river. Forest land is required mainly for Submergence and is Required construction of afflux bund, approach road.

(iv) Category Irrigation

(v) Total Area of the Forest Land (in ha.): 56.86

Total period for which the forest land is (vi) proposed to be diverted(in years)

2. Location:

(i) State Maharashtra

District Chandrapur

3. Detail of user agency

(i) Name of the user agency EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION CHANDRAPUR

Shape of forest land proposed to be Non Linear diverted

(iii) Legal status of User Agency State Government

4.Legal status of forest land proposed for diversion

S. No. Division Forest Land(ha.) Legal Status

1 wadsa(Gadchiroli) 29.59 Protected Forest

2 wadsa(Gadchiroli) 7.903 Zudpi jungle

3 Chandrapur 0.33 Protected Forest

4 Chandrapur - 0.85 Zudpi jungle

5 Gadchiroli 5.335 Bade jhad ka jungle

6 Gadchiroli 12.85 Zudpi jungle

5. Land use plan

Component wise breakup S.no I Component I Forest Land(ha.) I Non-Forest Land(ha.) http://forestsclearance.nicin/FactSheetPrintaspx?pid=FP/MH/IRRIG/25880/2017 1/12 11/12/2018 forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017

1 Submergence 55.125 370.87

2 Afflux Bund & Approach Road 1.735 6.09

6.Vegetation (i) Species-wise and diameter class wise enumeration of trees

S. No. Scientific Name Local Name (0-30)cm. (31-60)cm. (61-90)cm. (91-120)cm. (121-150)cm. (>150)cm.

1 Bahera Behda 2 4 1 0 0 0

2 Terminalia Arjuna Anjan 0 3 9 7 1 0

3 Zizyphus Jujuba Bor 1 5 0 0 0 0

4 Mangifera Indica Amba 0 1 1 0 0 0

5 Others Ramfal 1 0 0 0 0 0

6 Others umbar 1 0 0 1 0 0

7 Pongamia Pinnata karanj 0 1 1 0 0 0

8 Hardwickia Binnata Anjan 0 12 14 3 2 1

9 Terminalia Arjuna Arjun 1 5 1 0 0 0

10 Teak Sag 0 9 0 0 0 0

11 Diasporus Melanoxylon Tendu 0 2 0 0 0 0

12 Acacia leucophloea Hivar 0 1 0 0 0 0

13 Others Ain 12 30 8 3 0 0

14 Zizyphus Xylopyrus Bor 0 5 0 0 0 0

15 Others Kalam 0 4 1 1 0 0

16 Others Kusum 0 0 1 0 0 0

17 Pongamia Pinnata Karanj 1 0 1 0 0 0

18 Ficus Racemosa Umbar 0 0 1 0 0 0

19 Butea Monosperma Palas 1 5 7 0 0 0

20 Others Char 0 1 0 0 0 0

21 Others Akol 1 0 0 0 0 0

22 Syzigium Cumini Jambhul 0 2 0 0 0 0

23 Acacia Nilotica Babhul 0 3 0 0 0 0

24 Others Subabhul 0 2 0 0 0 0

25 Tectona Grandis Sag 1 1 2 0 0 0

26 Terminalia Tomentosa Ain 0 1 0 0 0 0

27 Tamarindus Indica Chinch 0 0 1 0 0 0

28 Others Subabul 62 55 9 1 0 0

29 Others Kinhi 0 12 12 9 2 0

30 Butea Monosperma Palas 3 8 4 7 1 0 http://forestsclearance.nic.in/FactSheetPrint aspx?pid=FP/MH/IRRIG/25880/2017 2/12 L /12/2018 * forestsclearance.nicin/FactSheetPrintaspOpid=FP/MHARRIG/25880/2017

31 Azadirachta Indica Kaduneem 3 1 1 2 0 0

32 Others English Chinch 1 3 2 2 0 0

33 Others Hiwar 0 21 17 5 2 0

34 Madhuka Indica Mahua 0 1 3 3 0 0

35 Others Sawar 0 0 3 1 0 0

36 Others Shiwan 0 5 2 0 0 0

37 Acacia Nilotica Babul 4 7 6 1 0 0

38 Diasporus Melanoxylon Tendu 2 0 0 0 0 0

39 Others Kalamb 1 5 0 0 0 0

40 embelica officinalis Amla 1 3 0 1 0 0

Density of Vegetation 0.4

(iii) Eco Class Eco 3 (iv) Total numbers of trees to be filled 481

Less than 60(in cm.) : 317 (v) Total Tree to be retained . Greatter than 60(in cm.): 164

7. Vulnerability of area to soil erosion not vulnerable to soil erosion.

Approximate distance of proposed site 8. for diversion from boundry of forest (in 0 Km.)

Significance of the forest land 9. proposed for diversion from wildlife point of view

Details of wildlife present in and around No wildlife present in the forest land proposed for diversion the forest land proposed for diversion

Whether forms part of national park, wildlife sanctuary. biosphere No reserve,tiger reserve, elephant corridor, wildlife migration corridor etc.

Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified under Wildlife(Protection) Act.1972 (Note: In case, ESZ of a No Protected Area is not notified,then,10kms distance from boundary of the Protected Area should be treated as ESZ)::

Whether any national park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor. wildlife (iv) migration corridor etc., is located within No 1 Km. from boundary of the forest land proposed for diversion :

(v) Whether any rare/endangered/unique No species of flora and fauna found in the http://forestsclearance.nick/FactSheetPrintaspx?pid=FP/MH/IRRIG/25880/2017 3/12 11/12/2018 forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 area :

Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is 10. No located in the area. if so. the details thereof with NOC from competent authority, ifrequired.

Whether the requirement of forest land as proposed by the User Agency is unavoidable and bare minimum for the 11. Yes project.if no,recommended area item- wise with detailes of alternatives examined.

Whether any work in violation of the Act has been carried out(yes/No).if yes.details of the same including of the 12. No work done,action taken on erring officials. Whether work in violation is still under progress.

Details of compensatory afforestation 13. scheme

Patch wise details of non-forest or Revenue forest land to be provided by User Agency for CA

Patch Wise Details S.no District Name Village Area(in ha.) 1 Wardha Dhanoli 2.1

2 Wardha Kotamba 14.91

3 Wardha Khadki 13.72 ()) 4 Wardha Takali (Kite) 13.8

5 Wardha Kopara 27.46

6 Wardha Dorli 5.57

7 Wardha Hiwara 22.04

8 Wardha Dahegaon (Gosavi) 10.87

9 Wardha Charmandal 14.92

Patch wise details for Degraded Area (To be earmarked by DFO)

No Data

Total Financial Outlay for C A(lacs): 0

(iv) No Data http://forestsclearance.nic.in/FactSheetPrintaspx?pid=FP/MH/IRRIG/25880/2017 4/12 1'i /12/2012r forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 Whether the land identified by User Agency is suitable for CA and from managementpoint of view:

Documentary evidence in support of settlement of rights in accordance with the provisions of the scheduled Tribes 14. and other Traditional Forest FRA is given but not accordance with ministry guideline (pg. 23-25/c) Dwellers(Recognition of forest Rights) Act,2006 on the forest land proposed to be diverted enclosed.

Whether the project requires 15. (a). Status of the Environmental Clearance to the Project: EC application yet to envirnment Clearance be submitted

16. Catchment Area Treatment Plan Catchment Area Treatment Plan is not given

17. Rehabilitaion of Outstee

(i) Number of SC Families 0

(ii) Number of ST Families 0

(iii) Number of Backword Families 0

(iv) Copies of R&R Plan

18. Cost Benefit Analysis Cost Benefit Ratio = 1:25.66 (pg. 8-12/c)

19. Total cost of the project( in crore): 36571

20. Employment Potential Permanent Employee : 250 Temporary Employee : 5000 Total Employee : 5250

21. Details of Mining lease No

Undertaking to bear the cost of CA and 22. NPV

23.Distr'ct Profile

Geographical Total forest Forest Land Progress of Non- Forest area No. of Forest District area of the area diverted including compensatory forest S.no of the district Approved land Name district (in since 1980 (in penal C.A. afforestation as land (in ha.) Cases (in ha.) ha.) ha.) (in ha.) on(date) (in ha.)

1 Gadchiroli 1441200 1281508.847 53.066 6 139.13 12/07/2018 139.13 0

2 Gadchiroli 1441200 1281508.847 928.691 20 757.61 04/09/2017 757.61 215.96

3 Chandrapur 324250.00 60720.56 1568.57 25 695.37 07/07/2018 695.37 123.10

Degraded forest land - 139.13

Total area proposed for afforested since Penal CA over Forest land - 139.13 24. 1980 - Non-Forest land - 0

Total- 278.26

25. Total area afforested since 1980 - Degraded forest land - 139.13

Penal CA over Forest land - 139.13

Non-Forest land - 0 http //forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 5/12

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Total- 278.26

26.Site Inspection Report

Site Date Of Division Circle Inspection visit Brief Details of SIR at DFO By This Project will have a positive impact on existing wildlife of area as it will provide perennial source of Watar in the area. Recommended with wadsa(Gadchiroli) Gadchiroli DFO 13/06/2018 the requirement of submission of impact assessment report from competent authority like WII.

Kotgal Barrage Project is situated in Naxal prone Gadchiroli district in Maharashtra State on Wainganga River. Total 62.68 Ha. forest land required to construct the afflux bund. Approach road and mainly under Chandrapur Chandrapur DFO 09/07/2018 submergence. The theme of barrage to store the water with in river banks, but the low lying areas near the confluence of river and local streams comes under submergence in which the 1.18 Ha. forest area of Chandrapur Forest Division, Chandrapur includes.

This Project will have a positive impact on existing wildlife of area as it Gadchiroli Gadchiroli DFO 12/07/2018 will provide perennial source of water in the area.

This Project is beneficial to People of Gadchiroli district for Agriculture Gadchiroli CF 25/09/2018 uses.

To provide assured water availability for the lift irrigation scheme and to Chandrapur CF 01/10/2018 increase irrigation potential.

Nodal 01/10/2018 To provide assured water availability for the lift irrigation scheme and to Officer increase irrigation potential.

27.Recommendation with Specific conditions,(if any)

DFO/CF/PCCF/Nodal Officer

Re commendation Division Circle Recommendation Remarks/Conditions By This Project will have a positive impact on existing wildlife wadsa(Gadchiroli) Gadchiroli DFO Recommended of area as it will provide perennial source of Watar in the area

Kotgal Barrage Project is situated in Naxal prone Gadchiroli district in Maharashtra State on Wainganga River. Total 62.68 Ha. forest land required to construct the afflux bund, Approach road and mainly under submergence. The theme of Chandrapur Chandrapur DFO Recommended barrage to store the water with in river banks, but the low lying areas near the confluence of river and local streams comes under submergence in which the 1.18 Ha. forest area of Chandrapur Forest Division, Chandrapur includes.

This Project will have a positive impact on existing wildlife Gadchiroli Gadchiroli DFO Recommended of area as it will provide perennial source of water in the area.

This Project is beneficial to People of Gadchiroli district for Gadchiroli CF Recommended Agriculture uses.

Chandrapur CF Recommended To provide assured water availability for the lift irrigation scheme and to increase irrigation potential.

To provide assured water availability for the lift irrigation Nodal Officer Recommended scheme and to increase irrigation potential.

28. Specific recommendation of the State Government

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Maharashtra State Secretary Recommended Recommended for approval.

29. Forwording Letter for Nodal Officer Nodal Officer (FCA) , Govt. of Maharashtra, in part -IV of the proposal mentioned that PCCF (HoFF), Maharashtra recommended the proposal with the following conditions: (pg. 25G-25I/c)

1. The legal status of the forest land required will remain unchanged. 2. CA will be raised over 114.00 ha zudpi jungle at the cost of user agency in Taluka. Samudrapur, Selu, Deoli, Wardha in Dist. Wardha. The details are as under :

Sr. Village Taluka District Survey. Total Area NO. No. area suitable (in for ha) plantation

1. Ghorpad Samudrapur Wardha 131, 44.93 25.00 132. 133, 135

2. Hivra Selu 9, 10 13.21 12.50

3. Dehegaon 285 10.87 10.00 (Gosavi)

4. Sukali 20/1, 14.10 10.00 70/2

5. Chincholi 4 16.48 8.00

6. Chikhali Deoli 59, 60 10.83 10.00

7. Eirapur 75/1 12.00 10.00

8. Mandavgad Wardha 219/2 14.92 10.00

9. Sirasgaon 4 12.44 10.00

10. Wadad 325, 13.45 8.50 326, 333

Total 163.26 114.00 3. The boundary of the diverted forest land shall be demarcated on ground at the project cost by erecting foru feet high reinforced cement concrete pillars, each inscribed with its serial number towards and back bearing and distance from pillar to pillar. 4. No trees will be felled during the implementation of the project. 5. the project Authority should provide water to forestry and allied purposes at the rate fixed by the Governemnt of Maharashtra. 6. the forest land shall not be used for any purpose other than specified in the project. 7. The project authority will defray the cost of Net Present Value of 56.86 ha. of forest land as perthe latest guideline of the Governemnt of India. 8. The proposal authority will defray the additional / revised cost of Net Present Value of forest land as per the latest guidelines of GoI. 9. The forest land shall not be utilized for any purpose other than specified in the project proposal. 10. No damage shall be caused to the flora and fauna of the area. 11.No labour camp shall be established on the forest land. 12. The user agency, if required. shall undertake comprehensive soil conservation measure at the project cost in consultation with the Forest Department 13. A CAT plan shall be prepared, and implemented under the supervision of the Forest Department at the project cost, if applicable. http://forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 7/12 11/12/2018 forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 14. The user agency shall obtain environmental clearance, 2006 if required. 15. The user agency shall carry out muck disposal at pre-designated sites in such manner so as to avoid its rolling down. 16. The dumping area for muck disposal shall be stabilized and reclaimed by planting suitable species by the user agency at the cost of project under the supervision of State Forest Department. Retaining walls terracing shall be carried out to hold the dumping material in place. Stablization and reclamation of such dumping sites shall be completed before handing over the same to the State Forest Department in a time bound manner as per plan. 17. The user agency shall consult organization (s) having experience in construction of roads in hilly areas to avoid frequent road blocks due to landslides etc. and shall provide beast walls and retaining wherever necessary. 18. The layout plan of the proposal shall not be changed without the prior approval of the Central Government. 19. All other conditions as may be mandatory under relevant Acts, Rules and guidelines shall be complied with by the user agency.

30. Forwording Letter for State Government 1. The State Govt. vide their letter no. FLD-2018/CR-245/F-10 dated 24.08.2018 has indicated the following:-

Sr. Item Village Survey Compt. Area Legal No /Gat No. (ha) status No.

A) Gadchiroli District

1 Construction Kotgal 185/1. 15.299 Zudpi of Kotgal 212, Jungle Barrage 202, Project. 203, 206, 207, 214/1, 245, 362, 289, 302/1, 306. 280, 367, 259, 262, 264, 208, 695, 696, 211/1, 213/1, 313/1

2 Wisapur 106 0.48 Zudpi Jungle

3 Gadchiroli 272. 2.408 Zudpi 305, Jungle 293. 545, 594. 596,

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4 Mahadwadi 69, 68 0525 Protected Forest

5 Sakhara 515, 615 7.03 Zudpi 517, Jungle 519, 512

282, 28.16 Protected 393. Forest 516, 514

Katali 281 0.57 Zudpi Jungle

6 Churchura 199,37 0.905 Protected (Mal) Forest

7 Dibhana 2, 3, 83 0.303 (Chak)

Total Forest land in Gadchiroli, district 55.68

B) Chandrapur District

8 Nafandra 700, 0.690 Zudpi 646, Jungle 648, 649, 639

9 Bormala 58. 59, 0.49 Zudpi 78. 84 Jungle

B) Total Forest land in Chandrapur, district 1.180

Grand Total (A+B) 56.860

2. the proposal has been initiated by Exe3cutive Engineer, Minor Irrigation Division, Chandrapur for diversion of 56.860 ha. Zudpi Jungle land /Protected Forest land for construction Kotal barrage Project under Forest (Conservation) Act, 1980. The proposed project shall benefit 20 villages of Gadchiroli, district. The total irrigable command area of the project is 6620 ha. the storage capacity of Barrage is 59.524 Mm3 and average annual utilization is 103.22 Mm3 . The basic aim of the proposed project is to provide water availability for three lift irrigation schemes and virgin command on the banks of rivers in Naxal prone Gadchiroli, district in the State of Maharashtra. The proposed forest land for this project is mainly required for submergence in low lying area below designed level. The water utilization of the project is as under:

Sr. Schemes Water utilization No. Mm3

Kotgal LIS 19.869

2. Porla Wasa LIS 20.614

3. Gogaon LIS 3.99

4. Virgin command 6.18

5. Drinking water 10 provision

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6. Industrial water 20 provision

7. Evaporation losses 20.791

Total Utilization 103.444

3. The project is administratively approved by the Government of Maharashtra, Water Resources Department. Government Resolution No. AA- 2011/776/(263/2011)/WRD, dt. 05.11.2011 The total non-forest area involved in the project is 376.96 ha. The site inspection report of the Chief Conservator of forests (T), Gadchiroli and the Deputy Conservator of Forests, Wadsa Forest Division. Chandrpur are enclosed with the proposal.

4. There are 481 tree of various species and girth coming in the submergence area proposed for diversion.

s. The Deputy Conservator of Forests, Wadsa, Deputy Conservator of Forest, Gadchiroli and Divisional Forest Officer, Chandrapur have certified that there is no cutting and felling of the trees involved in the implementation of the project.

6. The District Collector, Gadchiroli, district Collector, Chandrapur, Deputy Conservator of Forests, Wads Forest Division Wadsa, DCF, Gadchiroli Forest Division, Gadchiroli and Divisional Forest Officer. Chandrapur Forest Division, Chandrapur have certified that no alternate alignment is possible and the forest land required is the barest minimum.

7. The user agency has agreed to defray the cost of CA over degraded forest land.

8. The user agency has submitted an undertaking to defray the cost of Net Present value of the forest land proposed under diversion.

9. The Deputy Conservator of Forests, Wadsa, Deputy Conservator of Forest. Gadchiroli and Divisional Forest Officer, Chandrapur have certified that the area involved in the project does not form part of any existing National Park, Wildlife Sanctuary, Nature Reserve etc.

11. The Deputy Conservator of Forests, Wadsa, Deputy Conservator of Forest, Gadchiroli and Divisional Forest Officer, Chandrapur have certified that the proposed project is beyond 10 km of boundaries of the Protected Area (Wildlife Sanctuary and National Park).

11 The Deputy Conservator of Forests, Wadsa, Deputy Conservator of Forest, Gadchiroli and Divisional Forest Officer, Chandrapur have certified that the area involved in the project does not affect any monumental site of cultural. historical, religious, archaeological or recreational importance.

1 4. The Deputy Conservator of Forests. Wadsa, Deputy Conservator of Forest, Gadchiroli and Divisional Forest Officer, Chandrapur have certified that there is no violation of the Forest (Conservation) Act, 1980.

13. The Deputy Conservator of Forests, Wadsa, Deputy Conservator of Forest, Gadchiroli and Divisional Forest Officer, Chandrapur have certified that it is contiguous & suitable for management purpose and it is free from encroachment and encumbrances.

1 The User Agency has submitted the certificates of Collector, Chandarpur and Collector, Gadchiroli under Schedule Tribes and Other Traditional Forest Dweller's (Recognition of Forest rights) Act 2006.

e PCCF (HoFF). Maharashtra State, Nagpur has recommended the proposal subject to the conditions, given in his specific recommendations, under Section-2 (ii) of the Forest (Conservation) Act. 1980. His specific recommendations are given in the proposal

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Comments of Additional Information By :

i. TO Remarks

The Shape file as given for proposed diversion and sites identified for CA purpose has been examine by DSS cell and their observation are ;

In Case of Land proposed for Diversion:

1. Proposed forest area for diversion falls under Chandrapur & Garhchiroli district of Maharashtra State.

2. Calculated area of Shape file/ KML file of Forest land proposed for diversion is found 57.83 ha

3. There is no WLS/ PA/ Tiger Reserve or Tiger Corridor is located within 10 Km radius of proposed area for diversion.

4. As depicted through High resolution satellite imagery, there are presence of Agricultural fields inside the proposed area for diversion.

5. Forest Cover: Out of total forest area proposed for diversion, 1 ha of land is characterized with Open forest. 1 ha of land as water and 56 ha. of land as Non Forest in terms of forest classes (as per the ISFR 2015) based on the interpretation of satellite data period 2013-2014.

6. Forest Types details: 5A/C3 Southern Dry Mixed Deciduous Forest: 1 ha & Non-Forest: 57 ha.

In Case of Compensatory Afforestation Land:

1. Compensatory afforestation has been proposed over Zudpi land (As reported by the Deputy conservator of Forest, Wardha Forest Division, Government of Maharashtra)

2. CA has been provided in Twelve different patches falling under the Wardha district of Maharashtra State.

3. Total area of proposed Compensatory afforestation land is found 146.69 ha.

1. In terms of standards followed in ISFR 2015 (interpretation of satellite data period 2013-2014) regarding density classes:

Table No.1

Area Remarks Taluka Village Survey No VDF IVIDF OF NF District (Ha)

Wardha Samudrapur Ghorpad 131.132,133,135 47 0 0 0 47

Hivara 9 5 0 0 1 4

Hivara 10 3 0 0 1 2

encroachment of 285 10 0 0 0 10 . Dahegaon agricultural (Gosavi) land

encroachment of 20/1, 70/2 11 0 0 0 11 . agricultural Sukali (Station) land

encroachment of 4 13 0 1 4 8 agricultural Selu Chincholi land

Chikhali 59 5 0 0 0 5

Chikhali 60 8 0 0 0 8

Deoli Eirapur 75/1 11 0 0 0 11

Wardha Mandavgad 219/2 11 0 0 0 11

http://forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 11/12 11/12/2018 forestsclearance.nic.in/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 Sirasgaon 4 12 0 0 0 12 some Settlements depicted through High resolution satellite imagery.

Wadad 325,326,333 12 0 0 0 12

Total 148 0 1 6 141

5. Forest Cover: Out of total forest area-proposed for CA, 1 ha of land is characterized with Moderately Dense Forest, 6 ha. of land as Open forest and 141 ha. of land as Non Forest in terms of forest classes (as per the ISFR 2015) based on the interpretation of satellite data period 2013-2014.

In view of above, the facts related to the proposal may be placed before FAC- in its forthcoming meeting for their examination and appropriate recommendation.

ii. AIG Remarks

iii. IG Remarks

iv. ADG Remarks

v. DG Remarks

vi. Secretary Remarks

vii. MOS Remarks

viii. MEF Remarks

http://forestsclearance.nicin/FactSheetPrint.aspx?pid=FP/MH/IRRIG/25880/2017 12/12 Agenda No. 2

F. No. 8-32/2017-FC

Sub: Proposal for diversion of 1007.29 ha of forest land for North Koel Dam Project in the State of Jharkhand.

The State Government of Jharkhand, Department of Environment Forest & Climate Change vide their letter No. VAN BHOOMI-4/2017-1015-VP Ranchi dated 07.03.2017 submitted a proposal for seeking prior approval under Section 2(ii) of the Forest Conservation Act 1980 for diversion of 1007.29 ha of forest land for North Koel Dam Project in the State of Jharkhand. The said proposal was considered in the Forest Advisory Committee (FAC) in its meeting held on dated 26.10.2017. A copy of the minutes of the FAC meeting is placed in file at (Pg. 340-349/c).

2. The FAC in its meeting held on dated 26.10.2017, after careful consideration and discussion on the facts placed before it, placed on website of forest clearance, site inspection report submitted by Regional Office, Ranchi and submissions of the representative of the user Agency and State Government, recommended for granting, in principle, approval under section 2(ii) of FC Act 1980 with General and Standard conditions applicable for irrigation projects with following specific conditions:

i. Compensatory afforestation shall be raised over double the diverted forest land and atleast1000 plants per hectare (1007.29 hectares x 1000 = 1007290 plants) shall be planted over identified double the degraded forest land (2015 ha) identified elsewhere under the control of Forest department with provision for ten years on subsequent maintenance. ii. The total number of trees to be felled is approximately 3, 44,644. Such loss of trees should be compensated, in addition to mandatory compensatory afforestation, by planting same numbers of trees at suitable areas in the PTR landscape to compensate the loss in accordance with a scientific landscape-scale management plan. However, such plantation areas should be largely outside the tiger reserve, particularly outside the core area, as the tiger reserve needs grasslands along with woodland for augmenting the herbivore population. iii. 25% of revised CA cost will be deposited extra by the user agency for soil and moisture conservation (SMC) activities on the CA land . iv. Catchment area treatment (CAT) of the river along the submergence area shall be done at the cost of the user agency. v. Net Present Value (NPV) will be paid as applicable to the Protected Area which is 10 times the normal NPV in case of national park and 5 times the normal NPV in case of wildlife sanctuary. vi. Relocation and rehabilitation of villages from the forest land should be completed as per the approved Relocation and Rehabilitation plan (R&R) before closing the sluice gate for submergence. If water level reaches to the present crest height of the dam during exceptionally high rains, it will be brought down at 341.0 m level within 5 days by allowing the water to pass through the existing sluices and power intakes. However, if water discharge capacity of these sluices and power intake gates is not enough to maintain the ponding level at 341.0 m during very heavy rains, some arrangements should be made so that effective submergence area does not exceed 1007.29 ha.The bed level of the river is about 305 m and Dead Storage Level (DSL) at 330 m. Thus, the discharge of water should be strictly stopped when the water level reaches the DSL. Felling should not be done at upto 4 meter below FRL because this area will be submerged for temporary period only. vii. During construction or installation of sluice gates, the project authorities should construct Jetty at important locations. Motor boat as well as paddle boat should also be made available to monitor and control illicit fishing and birds poaching. viii. After ponding at 341.0 m, the linear water lake so created will partly fragment the PTR. This may compel elephants, tiger and other wildlife species to shift their movement/dispersal routes through other villages such as the 13 group of villages. As a good elephant population would continue to survive in the PTR after completion of the project, the conflicts between local people and elephant may turn serious in future. Hence, for better ecological integrity of the tiger reserve and minimizing human-wildlife conflicts, it is recommended for the resettlement of these 13 group of revenue villages outside the PTRas per the procedure followed. ix. As per records of user agency, the compensation has been paid to villages of 13 villages against their land holdings as per the original Nadi-Ghati Pariyojana and new khatiyan has been created and shown as Nadi Ghati Pariyojana land. Such lands shall be transferred to Palamau Tiger Reserve to provide landscape integrity and tiger range management. The non-forest land in these 13 villages should be transferred to the forest department and notified as forest land and integrated in the PTR landscape. x. Betala area is loosely connected with the main area of the PTR through narrow width of forest. This corridor should be strengthened through transferring adjoining forest and government wastelands.As recommended by NBWL, families from a few villages such as Kerh and Garhi, fully or partly, should be settled outside the PTR as per the guidelines of NTCA. xi. After completion of the project, the adjoining government wasteland (GM land / Raiyati land) in the landscape should be transferred to PTR and its management should be integrated with the existing tiger habitat. The core area should be expanded suitably to cover adjoining uninhabited buffer zone or other forest areas to strengthen conservation measures, as proposed by the State Wildlife Board. xii. The project proponents and the management of PTR should ensure that during preconstruction and construction phases of the dam, there should be least disturbance to the animals and their habitat. No material for construction purpose should be taken from the forest area. Only temporary structures should be created near the dam site by the project proponents. Permanent structures, warehouses, etc. should be created outside the PTR preferably at Bawardih,No construction activity should take place at the dam site during night after 6.00 PM.Other suggestions and recommendations in the Site Specific Wildlife Management Plan of North Koel Reservoir Project (Mandala Dam) and accepted by the State Board for Wild Life should be put into operation. xiii. Further the FAC agrees with the recommendations made by the National Tiger Conservation Authority (NTCA) as per provisions of Sections 38 0 (2), 38 (0)(1)(b) and 38 (0)(1)(g) of the Wildlife (Protection) Act, 1972 inclusive of recommendations of the NTCA Committee, recommendation of the Committee constituted by the Standing Committee of the National Board for Wildlife (NBWL) in its 42nd meeting dated 21.07.2017 referred above in para 18 are agreeable and the conditions imposed may be considered as part of conditions of FC clearance. xiv. That State Government of Jharkhand shall submit the following before the recommendations are placed before the competent authority for in principle approval under section 2(ii) of the FC Act 1980:-

a) Details (along with KML file) of double degraded forest land for carrying out Compensatory Afforestation along with approved scheme for Compensatory Afforestation in the said identified forest area.

b) Catchment Area Treatment (CAT) Plan duly approved by Competent Authority.

c) Relief and Rehabilitation (R&R) Plan duly approved by competent authority in the state.

d) As reported by Regional Office, the approach road to dam site passes through forest and is blacktopped for about 25 km followed by an earthen road of about 5 km stretch. The forest department will examine the record and submit the status whether Forest clearance under FC Act has been obtained or not.

e) As reported by Regional Office, there exists many abandoned buildings, temporary structures, labor huts etc. spread over more than 20 hectares of land near the dam site. All structures are in dilapidated condition and need to be demolished at the project cost to prevent encroachment/unauthorized occupancy of the forest land, if any. Even if the land has been diverted to the water resources department in the past, the same will be returned to the Forest department if it is no longer required for project activities. The Status of the land needs to be verified by the state authorities as the land is in continuity of forest area and has been apparently utilized by the project authorities during construction phase of the dam.

3. Based on the recommendations of the FAC in its meeting on 26.10.2017, the State Government was requested to submit the information. The State Government of Jharkhand vide their letter No. VAN BHOOMI — 4/2017- 5490-VP Ranchi dated 29.12.2017 (Pg. 701-910/c) in response to this Ministry's letter dated 14.11.2017 (Pg. 697/c) has forwarded their response. The point wise information sought and reply thereof given by CCF and Field Director vide his letter No. 1446 dated 26.12.2017 (Pg. 704-709/c) as forwarded by PCCF, Jharkhand and State Government are as follows: -

S. Information sought Reply submitted by State Government

No.

1. Details (along with KML file) of double In this regard, it is reported that the details of forest degraded forest land for carrying out land identified for compensatory afforestation compensatory afforestation along with along-with its KML file are given and same is approved scheme for compensatory available in the file at (Pg. 860-865/c). afforestation in the said identified forest area. It has been accepted by State Forest Department.

2. Catchment Area Treatment (CAT) Plan In this regard, it is reported that the approved CAT duly approved by Competent Authority. plan is submitted by the user agency and copy of the same is available in the file at (Pg. 866-908/c).

However, It is not clear whether the said CAT plan has been approved by the competent authority in the State Government.

3. Relief and Rehabilitation (R & R) plan In this regard, it is reported that since the project was duly approved by competent authority in started in mid-1970 with FRL of dam at 367.28 mts, the State. it was submerging 15 villages. A total of 634 family were identified as project affected families. These families were rehabilitated and resettle at that time. Since the Project affected families has already been rehabilitated and resettled, there is no requirement of R & R plan at present time.

However, the State Forest Department has not accepted the explanation given by the user agency.

4. As reported by Regional Office, the In this regard, It is reported by the user agency that approach road the dam site passes through the blacktopped and earthen both approach roads forest and is blacktopped for about 25 will be utilized by project authorities. Km. followed by an earthen road of about 5 km Stretch. The Forest Department will However, it is reported by the State Forest examine the record and submit the status Department that the no documentary evidence whether Forest Clearance under FC Act has been produced by user agency regarding the has been obtained or not. transfer of land though money has been received & deposited in treasury.

5. As reported by Regional Office, there In this regard, it is reported that the project exists many abandoned buildings, authorities will demolish the structure in dilapidated temporary structures, labour huts etc. conditions and the land will be utilized for spread over more than 20 hectares of land construction of new buildings and offices. However, near the dam site. All structures are in if there will be vacant land after construction, the dilapidated condition and need to be vacant land will be returned to the forest department. demolished at the project cost to prevent encroachment / unauthorized occupancy of the forest land, if any. Even if the land However, it is reported by the State Forest has diverted to the water resources Department that no clear assessment has been department in the past, the same will be done by the user agency with respect to returned to the Forest Department if it is utilization of said land. no longer required for project activities. The status of the land needs to be verified by the state authorities as the land is in continuity of forest area and has been apparently utilized by the project authorities during construction phase of the dam.

4. The shape file/KML file as given for double degraded forest land for carrying out compensatory afforestation has been examined by DSS Cell and their report is placed in file. The major observations of DSS Cell with regard to CA area are as follows:

(i) Compensatory afforestation land has been provided in 27 different patches falling in the Garhwa and palamau districts of Jharkhand.All CA patches are proposed inside the Mahuadanr WLS, Palamau WLS and Palamau Tiger Reserve of the State of Jharkhand. (ii) Out of total proposed area for CA, 380 ha. of land having the canopy density of very dense forest and 1048 ha of land having Moderately dense forest. (iii) It is further observed that most of the patches except Kuro Kalan, Chutia, Joni, Rabdi, Akhra, Gadi PF, Kechi Lami Pahar, Kechki, Gaurgara (Partially) shows the area mostly covered by dense vegetation. (iv) It has been found that some of the patches namely Kuro Kalan, Akhra, Kechki Lami pahar is partly falling on the agriculture land (depicted in the Google earth Imagery dated 29/1/2017).

5. After examination of the information received in the Ministry from State Govt., the following observations were made:

(i) It is not clear whether the said CAT plan has been approved by the competent authority in the State Government.

(ii) R & R Plan has not been given.

(iii) The status, whether Forest Clearance under FC Act has been obtained or not, regarding approach road passes through forest and it has been blacktopped for about 25 Km. followed by an earthen road of about 5 km Stretch, has not been given.

(iv) Details about the requirement of forest land for abandoned buildings, temporary structures; labour huts etc. spread over more than 20 hectares of land near the dam site are not given.

(v) The suitability certificate(s) for plantation of CA land is not given. As per DSS Analysis of identified CA land shows that 380 ha. of land having, the canopy density of very dense forest and 1048 ha of land having moderately dense forest, 1-tich is not to be suitable for plantation.It is further observed that most of the patches except Kuro Kalan, Chutia, Joni, Rabdi, Akhra, Gadi PF, Kechi Lami Pahar, Kechki, Gaurgara (Partially) shows the area mostly covered by dense vegetation and some of the patches namely Kuro Kalan, Akhra, Kechki Lami pahar is partly falling on the agriculture land (depicted in the Google earth Imagery dated 29/1/2017). The details of Nier‘, dense forest of 380 ha. of land and moderately dense forest of 1048 ha are given in Annexure. Accordingly, the suitable CA land on degraded forest land in lieu of dense and moderate dense forest may be identified, and the revised CA land with suitability certificate & shape file may be given for further examination.

(vi) The points raised by Chief Conservator of Forest and Filed Director regarding payment towards site specific management plan, Additional funds for soil moisture conservation activities, CAT plan and Jan Van scheme/Kisan Nursary in his letter no. 1446 dated 26.12.2017 have not been addressed

6. Taking into consideration the fact that the information / documents as sought by FAC on 26.10.2017 has not been provided completely which was essential towards mitigation measures and other aspects required before grant of Forest Clearance, in view of these facts competent authority may consider grant of in- principle approval for diversion of 1007.29 ha of forest land for North Koel Dam Project in the State of Jharkhand under Forest (Conservation) Act, 1980 subject to fulfilment of conditions prescribed therein After approval of the Hon'ble MEF&CC(Pg.56/n), Ministry vide its letter dated 23.02.2018(Pg.917-922/c) issued in-principle/Stage-I approval of Central Government under Section-2 of the Forest (Conservation) Act, 1980 for diversion of 1007.29 ha of forest land for North Koel Dam Project in the State of Jharkhand,.

7. Chief Secretary, Government of Jharkhand vide their D.O. letter no. 479/CS dated 02.05.2018 requested for waiving of several conditions stipulated in the Stage-I Order dated 23.02.2018. More specifically the State Govt. agrees to all conditions laid down by the Govt. of India except the conditions at paragraphs (ix), (xi)(xii), (xiv) (d)(iii)(iv)(v)(viii)(xxi), (xxxiii) and (xxxviii)of Stage-I order.

8. DIG (NTCA), vide their OM No. 7-25/2017-NTCA dated 24.10.2018 (Pg. 963-969/c) submitted their comments in this regard. The comments of NTCA are presented below: Conditio The Conditions imposed View of the SBWL/State Comments of NTCA n No. Govt.

ix After ponding at 341.00 m, the As there are approx. 168 The recommendation of SBWL is linear water lake so created will other villages in PTR itself, agreed to. partly fragment the PTR. This hence resettlement of these may compel elephants, tiger 13 villages may not be and other wildlife species to feasible. These 13 villages shift their movement/ dispersal are out of the submergence routes through other villages area of the reservoir, outside such as the 13 Lat group of the PTR and not in the villages. As a good elephant protected forest. There are population would continue to approx. 4150 families living survive in the PTR after in those villages as per the completion of the project, the 2011 data. Shifting of conflicts between local people villages may create large and elephant may turn serious scale displacement of in future. Hence, for better population which will ecological integrity of the tiger enhance the project cost, reserve and minimizing may take several years and human-wildlife conflicts, it is recommended for the resettlement of these 13 group may cause unrest among the of revenue village outside the affected people. PTR as per the procedure followed. Recommended for removal of this condition.

xi Betala area is loosely This is entirely extraneous to The recommendation of SBWL is connected with the main area of the project at hand. The agreed to with the condition that the PTR through narrow width condition mentioned in this the tiger reserve management of forest. This corridor should para, has hardly any should make efforts to strengthen be strengthened through connection with this project the corridor connectivity of Betala transferring adjoining forest and is also impractical. It area with the area of Palamau and government wastelands. As will be very difficult to Tiger Reserve by taking up the recommended by NBWL, evacuate these villages due adjoining forest & govt. families from a few villages to strong resistance of the wastelands. However, this such as Kerh and Garhi, fully or people who are not related to condition is not linked with the partly, should be settled outside this project project. the PTR as per guidelines of NTCA. Recommended for removal of this condition.

xii After completion of the project, This is not required under The recommendation of SBWL is the adjoining government the existing law. However, it agreed to. However, the State wasteland (GM land / Raiyati may be taken up subject to authorities should make efforts to land) in the landscape should be availability of encumbrance add the adjoining Govt. wasteland transferred to PTR and its free GM land and may be (GM land/ Raiyati land) to management should be considered separately in the Palamau Tiger Reserve for integrated with the existing future. This should not be consolidation of the core area. tiger habitat. The core area linked with this project and However, this condition is not should be expanded suitably to should not be made a linked with the project. cover adjoining uninhabited condition. The core area buffer zone or other forest areas expansion is accepted and to strengthen conservation will be done by the forest measures, as proposed by the department of the state. State Wildlife Board. Recommended for removal of this condition.

xiv The State Govt. and the user agency shall comply the recommendations made by the NTCA as per provisions of Sections 38 (0) (2), 38 (0) (1) (b) and 38 (0) (1) (g) of the Wildlife (Protection) Act, 1972 inclusive of recommendations of the NTCA Committee constituted in December, 2013, recommendation of the Committee constituted by the Standing Committee of the21.07.2017.

d) the State Govt. shall comply the following recommendation of NBWL for mitigation measures:

iii. By the time sluice gates are readied for installation, the submergence villages should be shifted out of the tiger reserve, as per the project proponents, all the affected As per the rules and families have been given relief provisions of the State and rehabilitation assistance at Government, the R&R the time of construction of the package has already been dam. However, many of them given to all 15 villages still reside in the same villages falling in submergence area The recommendation of SBWL is inside the tiger reserve. corresponding to RL agreed to with the Keeping the interests of local 367.28m. preparation of recommendation of implementing people, the observation of the comprehensive plan keeping the time bound settlement plan for Ministry of Tribal Affairs, and in mind the grievances of settling the submergence villages to avoid agitation of the people, families still residing in before the start of project. a comprehensive plan should submergence villages will address grievances of all involve both time and families in these villages. If additional financial necessary, funds from other resources. Further a fresh sources may be made available survey will be required to to settle these people under an determine the number of attractive settlement plan. If it such families. is not done properly, spme of Recommended for the families may move into the preparation of settlement upper catchment of the PTR plan for 8 villages by Jal after submergence of the Sansadan Dept, Govt of villages. In such a situation, the Jharkhand & requesting loss of tiger habitat would be multiplied, causing enormous for financial outlay to GOI pressure on the PTR in future. for its implementation. The non-forest land in these 15 villages may be notified as forest land.

iv. After pending at 341.0 m, the linear water lake will partly fragment the PTR. This may compel elephants, tiger and other wildlife species to shift their movement/ dispersal routes through other villages (such as the 13 Lat group of villages). As a good elephant population would continue to survive in the PTR after completion of the project, the conflicts between local people As decided for the condition and elephant may turn serious no. (ix), which is same as in future. Hence, for better this. The recommendations of SBWL ecological integrity of the tiger is agreed to. reserve and minimizing Recommended for human-wildlife conflicts, it is removal of this condition. advisable to explore the resettlement of at least some of these 13 Lat group of revenue villages outside the tiger reserve after obtaining their willingness. Villages willing for resettlement should be provided special financial and social development packages that go beyond the standard NTCA package for tiger reserves. In addition, sufficient funds should be provided to Palamau Tiger Reserve for dealing with human-wildlife conflicts including handling problematic animals and providing ex-gratia payments to the affected families. v. After completion of the period, the tiger may lose substantial resource rich habitat, to compensate loss of the habitat, adjoining government wasteland (GM As decided for the condition land/ Raiyati land) in The no. (xii), which is same as landscape should be transferred this. Recommended for to PTR and its management removal of this condition. should be integrated with the existing tiger habitat.

viii. Betala area is loosely The recommendation of SBWL is connected with the main area of As decided for the condition agreed to. However, the State the PTR through narrow width no. (xi), which is same as authorities should make efforts to of forest. This corridor should this. add the adjoining govt. wasteland be strengthened through (GM land/ Raiyati land) to transferring adjoining forest Palamau Tiger Reserve for and government wastelands. consolidation of the core area. This issue should be examined Recommended for and if possible, the families removal of this condition. from a few villages such as The recommendation of SBWL is Kerh and Garhi, fully or partly, agreed to with the condition that should be settled outside the the tiger reserve management PTR under a very attractive should make efforts to strengthen settlement package. The the corridor connectivity of Betala population of wild animals in area with the area of Palamau Betla Range is isolated Tiger Reserve by taking up the package. The population of adjoining forest & govt. wild animals in Betla Range is wastelands. However, this isolated from the rest of the condition is not linked wastelands. forest area due to swelling of However, this condition is not size of these two villages and linked with the project. occupying the erstwhile thin corridors for wildlife management.

xxi The User Agency shall obtain Environment Clearance has Not pertaining to this Authority. the Environment Clearance as already been accorded vide per the provisions of the letter no. 3/89/80- HCT/EM- Environmental (Protection) 5 dtd. 02.01.1984 & letter Act, 1986: no. J-21011/3712012-JA.1 dtd. 19.06.2017. but the conditions laid down in para (iv), (v) & (viii) may be dropped for the reasons explained in condition no. (ix) above.

Recommended for removal of this condition.

xxxiii The State Government shall This condition may be The recommendation of SBWL is maintain the character of the reworded as under: agreed to. project as an irrigation project and to ensure continued benefit "The State Government to the farmers in the command shall maintain the character area, no more diversion of of the project as an irrigation water from the project for project consistent with the industrial projects will be priorities laid down under permitted in future; the existing state water usage policy".

This will facilitate a more holistic approach to water usage keeping in mind the competing demands for drinking water/ irrigation/ industry etc.

xxxvi ii After issue of Stage-I clearance, the State Govt. shall provide the following details immediately as pending:

a) As reported by Regional Approach road and colony Office, the approach road to was already operational dam site passes through forest before 1980 and Not pertaining to this Authority. and is blacktopped for about 25 compensation for forest land km followed by an earthen road under question has already of about 5 km stretch. The been made to Forest forest department will examine Department Hence, this the record and submit the status observation may be dropped. whether Forest clearance under FC Act has been obtained or Recommended for not. removal of this condition c) As reported by Regional The building and structures Not pertaining to this Office, there exists many in this area, already in abandoned buildings, dilapidated condition, may Authority. temporary structures, labour be used temporarily during huts etc. Spread over more than the construction period. 20 hectares of land near the However, after the dam site. All structures are in construction, these will be dilapidated condition and need returned to the Forest to be demolished at the project Department. cost to prevent encroachment/ unauthorized occupancy of the forest land, if any. Even if the Recommended for land has been diverted to the removal of this condition water resources department in the past, the same will be returned to the Forest department if it is no longer required for project activities. The status of the land needs to be verified by the state authorities as the land is in continuity of forest area and has been apparently utilized by the project authorities during construction phase of the dam.

In response request of Chief Secretary, Government of Jharkhand's D.O. letter no.479/CS dated 02.05.2018 for waiving of several conditions as stipulated in the Stage-I Order dated 23.02.2018, MoEF&CC vide its letter dated 25.05.2018 (Pg.962/c) requested the State Government to take a considered view and submit condition wise compliance report on the conditions stipulated in the Stage-I approval, or may approach NBWL for waiver/ modification of the conditions. 9. The Director, Prime Minister's Office, South Block, New Delhi vide their PMO ID No. 450/31/C/20/2017- ES-2 dated 31.10.2018 forwarded a copy of minutes of the meeting chaired by Principal Secretary to the Hon'ble Prime Minister to review the "North Koel reservoir Project" held on 26.10.2018 at P.M.O, South Block, New Delhi and Point No. 2 of the minutes of the meeting mentioned that "Ministry of Environment, Forest and Climate Change will process the stage-II forest clearance by 25' November, 2018". 10. The State Government vide their letter no. Van Bhumi-04/2017-4608N.P. dated 12.11.2018 (Pg.970-1036/c) submitted compliance report in response to the conditions stipulated in the Stage-I approval dated 23.02.2018. Summary of the compliance is as under:

S No Conditions stipulated in Stage-I approval Compliance submitted by State Government

i. Legal status of the diverted forest land shall The State Government stated that no action required. remain unchanged; Water Resource Department aggress to it. However no undertaking is given.

Compensatory afforestation shall be raised In this regard, the State Government stated that the over double the diverted forest land and matter has been re-examined and fresh proposal of atleast1000 plants per hectare (1007.29 C.A land has been provided to the user agency. The hectares x 1000 = 1007290 plants) shall be user agency has submitted KML file for the new sites planted over identified double the degraded provided to them. Thereafter Site Specific forest land (2015 ha) identified elsewhere Estimate has been prepared by under the control of Forest department with the concerned DFO. Accordingly provision for ten years on subsequent demand for maintenance. The site as identified for CA 25,56,41,246 (Twenty five crores fifty six lakhs and forwarded by State Govt. vide their letter forty one thousands two hundred forty No. VAN BHOOMI — 4/2017-5490-VP six) Rupees has been raised by Deputy Ranchi dated 29.12.2017 to Ministry is not Director, PTR North Division vide letter no. 1233 suitable as 380 ha. of land having the canopy dated 21.08.2018. density of very dense forest and 1048 ha of land having moderate]) dense forest and The user agency has deposited 25,56,41,246 most of the patches are covered by dense (Twenty-five crores fifty six lakhs forty one vegetation and some of the patches namely thousands two hundred forty six) Rupees in Ad-hoc Kuro Kalan, Akhra, Kechki Lami pahar is CAMPA Account through RTGS from their SBI partly falling on the agriculture land . Account. The UTR No is SBIN518274476839 dated Accordingly, the revised CA land with 01.10.2018. suitability certificate duly approved by The DIGF(CAMPA) has been requested on competent authority & shape file may be 13.11.2018 (Pg.1037/c) for confirmation of funds given before Stage-II approval for further deposited . examination.

The total number of trees to be felled is In this regard, the State Government stated that the approximately 3, 44,644. Such loss of trees demand for planting 3,44,644 trees outside core area should be compensated, in addition to has been raised for jan van yojna. The user agency mandatory compensatory afforestation, by has deposited 6,68,61,654.00 (six crores sixty eight planting same numbers of trees at suitable laths sixty one thousand six areas in the PTR landscape to compensate the loss in accordance with a scientific hundred fifty four) rupees in Ad-hoc CAMPA landscape-scale management plan. Account through RTGS from their SBI Account. The However, such plantation areas should be UTR No is SBIN518274473652 dated 01.10.2018. largely outside the tiger reserve, particularly outside the core area, as the tiger reserve needs grasslands along with woodland for The DIGF(CAMPA) has been requested on augmenting the herbivore population. 13.11.2018 (Pg.1037/c) for confirmation of funds deposited . iv. 25% of revised CA cost will be deposited The State Government stated that the demand extra through online by the user agency for have been raised of Rs 6,39,10,312.00 soil and moisture conservation (SMC) (Six crore thirty nine lakhs ten thousands three activities on the CA land in the account of hundred twelve) rupees for 25 % of CA cost. Ad-hoc CAMPA. The user agency has deposited the said amount in Ad- hoc CAMPA Account through RTGS from their SBI Account. The UTR No is SB1N518274457947dated 1.10.2018.

The DIGF(CAMPA) has been requested on 13.11.2018 (Pg.1037/c) for confirmation of funds deposited. v. The Catchment Area treatment (CAT) of the The State Government stated that the demand have river along the submergence area with cost been raised of Rs 122,7000000.00 (One hundred structure shall be prepared and implemented twenty two crores seventy Lakhs) rupees for at the cost of the user agency. The approved catchment area treatment (CAT) Plan. The user CAT plan with deposition of funds in the agency has deposited the said amount in Ad-hoc account of Ad-hoc CAMPA through on-line CAMPA Account through RTGS shall be done before Stage-II approval . from their SBI Account. The UTR No is.

SBIN518274466094 dated 01.10.2018.

The DIGF(CAMPA) has been requested on 13.11.2018 (132.1037/c) for confirmation of funds deposited . vi. Net Present Value (NPV) will be paid as The State Government stated that the demands have applicable to the Protected Area which is 10 been raised of Rs 130,96,36000.00 (One hundred times the normal NPV in case of National thirty crores ninty six lakhs thirty six thousands) Park and 5 times the normal NPV in case of rupees for NPV. The user agency has deposited the Wildlife Sanctuary. said amount in Ad-hoc CAMPA Account through RTGS from their SBI Account. The UTR is SBIN518274474875 dated 01.10.2018.

The DIGF(CAMPA) has been requested on 13.11.2018 (Pg.1037/c) for confirmation of funds deposited . vii. Relocation and rehabilitation of villages The State Government stated that the user agency has from the forest land should be completed as given an undertaking in this regard. Pg-987/c per the approved Relocation and Rehabilitation plan (R&R) before closing the sluice gate for submergence. If water level reaches to the present crest height of the dam during exceptionally high rains, it will be brought down at 341.0 m level within 5 days by allowing the water to pass through the existing sluices and power intakes. However, if water discharge capacity of these sluices and power intake gates is not enough to maintain the ponding level at 341.0 m during very heavy rains, some arrangements should be made so that effective submergence area does not exceed 1007.29 ha.The bed level of the river is about 305 m and Dead Storage Level (DSL) at 330 m. Thus, the discharge of water should be strictly stopped when the water level reaches the DSL. Felling should not be done at upto 4 meter below FRL because this area will be submerged for temporary period only. viii. During construction or installation of sluice In this regard, the State Government stated that an gates, the project authorities should construct undertaking to construct Jetty at Jetty at important locations. Motor boat as well as paddle boat should also be made important locations and to provide motor boat/paddle available to monitor and control illicit boat has been made available by user agency. Pg fishing and birds poaching. 1002/c

ix. After ponding at 341.0 m, the linear water The State Government stated that the lake so created will partly fragment the PTR. Environmental clearance issued in This may compel elephants, tiger and other wildlife species to shift their 1984, incorporates this provision of relocation movement/dispersal routes through other of Lat group of villages. villages such as the 13 Lat group of villages. As a good elephant population would continue to survive in the PTR after In the meeting at Chief Secretary level on completion of the project, the conflicts 05.04.2018. The above matter was discussed. It has between local people and elephant may turn been decided in that meeting that resettlement of serious in future. Hence, for better ecological 13 villages may not be feasible. These 13 villages integrity of the tiger reserve and minimizing are out of the submergence area. The shifting of human-wildlife conflicts, it is recommended approx. 4150 families of 13 villages may create for the resettlement of these 13 group of large scale displacement of population which will revenue villages outside the PTR as per the enhance the project cost, may take several years procedure followed. and may cause unrest among affected people.

The Secretary, Water Resource Department has requested to waive this condition,Accordingly, recommendation has been sent to National Wildlife Board vide letter of Forest Department, Govt. of Jharkhand no 4198 dated 09.10.2018. (Pg-1021/c)

xi. Betala area is loosely connected with the The State Government stated that in the meeting at main area of the PTR through narrow Chief Secretary level on 05.04.2018 the issue of width of forest. This corridor should be settlement of Kerh and Garhi outside the PTR to strengthened through transferring strengthen the corridor has been discussed. It has been adjoining forest and government decided that as the condition mentioned hardly has wastelands. As recommended by NBWL, any connection with this project and hence families from a few villages such as Kerh impractical. It will be very difficult to evacuate these and Garhi, fully or partly, should be villages due to strong resistance of the people who are settled outside the PTR as per the not related to this project. guidelines of NTCA. xii. After completion of the project, the The State Government stated that in the meeting at adjoining government wasteland (GM Chief Secretary level on 05.04.2018 it has been land / Raiyati land) in the landscape decided that this condition is not required under the should be transferred to PTR and its existing law and hence should not be linked with this management should be integrated with project and should not be made a condition. the existing tiger habitat. The core area However it may be taken up subject to availability of should be expanded suitably to cover encumbrance free GM Land and my be considered adjoining uninhabited buffer zone or separately in the future. other forest areas to strengthen conservation measures, as proposed by The Secretary, Water Resource Department has the State Wildlife Board. requested to waive this condition, Accordingly recommendation has been sent to National Wildlife Board vide letter of Forest Department, Govt. of Jharkhand no 4198 dated 09.10.2018. (Pg-1021/c) a_ xiii. The project proponents and the management The State Government stated that the user agency of PTR should ensure that during pre- has given undertaking to ensure the fulfillment of construction and construction phases of the this condition Pg-1004/c. dam, there should be least disturbance to the animals and their habitat. No material for construction purpose should be taken from the forest area. Only temporary structures should be created near the dam site by the project proponents. Permanent structures, warehouses, etc. should be created outside the PTR preferably at Bawardih, No construction activity should take place at the dam site during night after 6.00 PM. Other suggestions and recommendations in the Site Specific Wildlife Management Plan of North Koel Reservoir Project (Mandala Dam) and accepted by the State Board for Wild Life should be put into operation. xiv. The State Govt. and the user agency shall comply the recommendations made by the National Tiger Conservation Authority (NTCA) as per provisions of Sections 38 0 (2), 38 (0)(1)(b) and 38 (0)(1)(g) of the Wildlife (Protection) Act, 1972 inclusive of recommendations of the NTCA Committee constituted in December, 2013, recommendation of the Committee constituted by the Standing Committee of the National Board for Wildlife (NBWL) vide its 42nd Meeting dated 21.07.2017. The conditions are as below:

a) During construction or installation of The State Government stated that as decided for gates, the project authorities should the condition no. VIII. construct Jetty at important locations. Motor boat as well as paddle boat should also be made available to monitor and control illicit fishing and birds poaching. b) The total number of trees to be felled is The State Government stated that as decided for approx. 3, 44,644 as per joint the condition no. III. enumeration of trees. Such loss of trees should be compensated by planting same numbers of trees through Jan Van Yojana, Kisan nursery, etc., within Project Tiger jurisdiction. c) The height of gates was initially The State Government stated that as decided for proposed as 367.28 m FRL and the condition no. X. accordingly compensation has been paid to villages of 13 villages against their land holdings. The new Khatiyan has been created and all land has been shown in Nadi Ghati Pariyojana land. The Government may consider transferring all such land to Palamau Tiger Reserve. d) The State Govt. shall comply the following recommendation of NBWL for mitigation measures: i. The project mentions that the The State Government stated that the user agency has maximum water level exceeding given an undertaking in this regard Pg-987/c. the crest height of the dam is very rare. If water level reaches to the present crest height of the dam during exceptionally high rains, it will be brought down at 341.0 m level within 5 days by allowing the water to pass through the existing sluices and power intakes. However, if water discharge capacity of these sluices and power intake gates is not enough to maintain the ponding level at 341.0 m during very heavy rains, some arrangements should be made so that effective submergence area does not exceed 1007.29 ha. ii. The bed level of the river is about The State Government stated that an undertaking has 305 m and Dead Storage Level been received from Water Resource Department that (DSL) at 330 m. Thus, the discharge of water will be stopped when the water discharge of water should be level reaches the DSL (Pg 992/c). strictly stopped when the water level reaches the DSL. iii. By the time sluice gates are The State Government stated that as per proceeding of readied for installation, the meeting at CS level the R&R package has already submergence villages should be been given to all 15 villages falling in submergence shifted out of the tiger reserve. As area corresponding to RL 367.28 m Preparation of per the project proponents, all the comprehensive plan keeping in mind the grievances of affected families have been given relief and rehabilitation assistance families still residing in submergence villages will at the time of construction of the involve both time and additional financial resources. darn. However, many of them still reside in the same villages inside As per recommendation of State Wildlife Board. 1 the tiger reserve. Keeping the The Water Resource Department will prepare a interests of local people, the settlement plan for only 8 villages and accordingly observation of the Ministry of they will seek money from Govt. of India. Tribal Affairs, and to avoid agitation of the people, a comprehensive plan should address grievances of all families in these villages. If necessary, funds from other sources may be made available to settle these The above recommendation has been send by Forest people under an attractive Department vide letter no 4198 dated 09.10.2018. (Pg- settlement plan. If it is not done 1021/c) properly, some of the families may move into the upper catchment of the PTR after submergence of the villages. In such a situation, the loss of tiger habitat would be multiplied, causing enormous pressure on the PTR in future. The non-forest land in these 15 villages may be notified as forest land. iv. After ponding at 341.0 m, the The State Government stated that as decided for linear water lake will partly the condition no. IX. fragment the PTR. This may compel elephants, tiger and other wildlife species to shift their movement/dispersal routes through other villages (such as the 13 Lat group of villages). As a good elephant population would continue to survive in the PTR after completion of the project, the conflicts between local people and elephant may turn serious in future. Hence, for better ecological integrity of the tiger reserve and minimizing human-wildlife conflicts, it is advisable to explore the resettlement of at least some of these 13 Lat group of revenue villages outside the tiger reserve after obtaining their willingness. Villages willing for resettlement should be provided special financial and social development packages that go beyond the standard NTCA package for tiger reserves. In addition, sufficient funds should be provided to Palamau Tiger Reserve for dealing with human-wildlife conflicts including handling problematic animals and providing ex-gratia payments to the affected families. v. After completion of the project, The State Government stated that as decided for the tiger may lose substantial the condition no. XII. resource rich habitat. To compensate loss of the habitat, adjoining government wasteland (GM land / Raiyati land) in the landscape should be transferred to PTR and its management should be integrated with the existing tiger habitat. vi. The core area should be expanded The State Government stated that the proposal for suitably to cover adjoining extension of core area has been submitted to the uninhabited buffer zone or other Department of Forests, Environment and climate forest areas to strengthen Change, Government of Jharkhand. conservation measures, as proposed by the state wildlife board in its site-specific wildlife management plan for mitigation of impacts due to Mandal dam. vii. Extent of Protected Areas in A proposal for the Core area extension has been Jharkhand is only 2.7% of its submitted to the Department of Forests, geographical area against the Environment and Climate Change. national average of 4.9%, although Jharkhand is a forest rich state. There is logic and reasons for improving the size of the PTR by extending its boundary to cover suitable forests and the government wasteland. viii. Betala area is loosely connected The State Government stated that as decided for with the main area of the PTR the condition no. XI. through narrow width of forest. This corridor should be strengthened through transferring adjoining forest and government wastelands. This issue should be examined and if possible, the families from a few villages such as Kerh and Garhi, fully or partly, should be settled outside the PTR under a very attractive settlement package. The population of wild animals in Betla Range is isolated from the rest of the forest area due to swelling of size of these two villages and occupying the erstwhile thin corridors for wildlife management. ix. Hunting by local people is one of (i) The control and surveillance over the Tiger the main reasons for depletion of Reserve has been increased by constructing 92 wildlife. The management of PTR watch towers and also by engaging more than should increase their control and 400 trackers, 135 Tiger Protection Forces, 25 surveillance over the tiger Strike force and daily wages locals. reserve.The remnant population of (ii) The state Biodiversity board has engaged NGOs herbivores should be intensively for making BMC. protected to build up population (iii) Education & awareness programme is being again. At same time, the rapport continued as on going process. between the staff of the PTR and (iv) All trackers (locals) have been designated as villagers should be strengthened "Vanya Prani Mitra". through establishing Biodiversity (v) Palamau Tiger Conservation Foundation shall Management Committees (BMCs) be strengthened by undertaking eco- and engaging them in the development works as provided in the Site conservation activities through Specific Wildlife Management Plan. implementation of eco- development programmes.A comprehensive education campaign through effective groups or institution may be done in all villages in and around the PTR. The youth from these villages may be recruited as forest guards, foresters and RFOs to establish a strong management system to achieve standards prevailing in some of the outstanding Protected Areas in the country. Although the existing Naxalite activities are a hurdle to achieving the goal, it is possible over a period to change the management environment. If problems in wildlife protection arise due to local people, the solutions also lie in involving them. The BMCs or Vanyaprani Mitra, as practiced in Gir National Park, in the villages may establish a strong link between people and the management. The existing organization - Palamau Tiger Conservation Foundation- may be strengthened for more effective communication, education and eco-development activities in the villages within and around the PTR. Funds for eco-development as provided in the site-specific wildlife management plan may be transferred to Palamau Tiger Conservation Foundation for such activities. x. A large number of trees will be The State Government stated that demand has been submerged in the dam waters. Ten raised of Rs. 66,86,16,540 (sixty-six crores eighty-six times the number of submerged lakhs sixteen thousands five hundred forty) rupees for trees should be raised at suitable 10 times the number of submerged trees. The user areas in the PTR landscape to compensate the loss in accordance agency has deposited the said amount in Ad-hoc with a scientific landscape-scale CAMPA Account through RTGS from their SBI management plan. However, such Account. The UTR No is SBIN518274466094 dated plantation areas should be largely 01.10.2018. outside the tiger reserve, particularly outside the core area, The DIGF(CAMPA) has been requested on as the tiger reserve needs 13.11.2018 (Pg.1037/c) for confirmation of funds grasslands along with woodland deposited . for augmenting the herbivore population. xi. The project proponents and the The State Government stated that as decided for management of PTR should the condition no. XIII. ensure that during preconstruction and construction phases of the dam, there should be least disturbance to the animals and their habitat. As suggested by the tiger reserve management itself, only temporary structures should be created near the dam site by the project proponents. Permanent structures, warehouses, etc. should be at Bawardih, outside the tiger reserve. During nights, no construction activity should take place at the dam site. In view of above, the Site Specific Wildlife The State Government stated that Management Plan of North Koel demand has been raised of Rs. Reservoir Project (Mandala Dam) shall be revised on the above recommendations 101,8000000.00 (one hundred one crore eighty made by the State Board for Wild lakhs ) rupees only for Site Specific Life.The revised plan with deposition of Wildlife commensurate funds in the account of Ad- Management Plan in the light of observations given hoc CAMPA. by National Wildlife Board. The user agency has

deposited the said amount in Ad-hoc CAMPA Account through RTGS from their SBI Account. The UTR No is SBIN518274462089 dated 01.10.2018.

The DIGF(CAMPA) has been requested on 13.11.2018 (Pg.1037/c) for confirmation of funds deposited .

xv. The land identified for the purpose of CA The State Government stated that the user agency has shall be clearly depicted on a Survey of India submitted soft copy of KML file and topo sheets. They toposheet of 1:50,000 scale; are required to submit hard copy with signature.

xvi. The User Agency shall transfer the cost of The State Government stated that as decided for raising and maintaining the compensatory the condition no. II. afforestation at the current wage rate in consultation with State Forest Department in the account of Ad-hoc CAMPA of the concerned State through online portal. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years; xvii. The User Agency shall transfer the funds for The State Government stated that as decided for the Net Present Value (NPV) of the forest the condition no. IV. land being diverted under this proposal from the User Agency as per the orders of the Hon' ble Supreme Court of India dated 28.03.2008, 24.04.2008 and 09.05.2008 in Writ Petition (Civil) No. 202/1995 and the guidelines issued by this Ministry vide its letter No. 5-3/2007-FC dated 05.02.2009 through online portal of Ad-hoc CAMPA account of the State Concerned; xviii. At the time of payment of the Net Present The undertaking has been received from Water Value (NPV) at the then prevailing rate, the Resource Department (Pg.994/c). user agency shall furnish an undertaking to pay the additional amount of NPV, if so determined as per the final decision of the Hon'ble Supreme Court of India;

xix. The user agency should ensure that the The Irrigation Department has been properly advised. compensatory levies (CA cost, NPV, etc.) are deposited through challan generated online on web portal and deposited in appropriate bank online only. Amount deposited through other mode will not be accepted as compliance of the Stage- I clearance;

xx. Any fund received from the user agency Not applicable. under the project, except the funds realized for regeneration / demarcation of safety zone, shall be transferred to Ad-hoc CAMPA through Online-portal of Ad-hoc CAMPA account of the State Concerned;

xxi. The User Agency shall obtain the The State Government stated that Environment Environment Clearance as per the provisions Clearance has already been accorded vide letter no. of the Environmental (Protection) Act, 1986; 03/89/80-HCT/EM-5 dated 02.01.1984 & letter no.J- 21011/37/2012-1A1 dated 19.06.2017.However, the same is not available with compliance report.

As decided in the meeting at Chief Secretary level on 05.04.2018 the condition laid down in Para (iv), (v) and (viii) may be dropped for the reasons explained in condition no. (ix) above.

xxiii. A plan for conservation of Wildlife will be This plan is a part of Site Specific Wildlife made by the user agency in consultation with Management. the PCCF (Wildlife) to be implemented at the cost of user agency;

xxiv. The tree felling in the forest area, so diverted, The State Government stated that the user agency, shall only be as per the actual requirement Water Resources Department, Medininagar and with prior permission of the competent (Government of Jharkhand) has given undertaking authority. that felling of trees on the forest land being diverted shall only be as per the actual requirement and with prior permission of the competent authority (Pg 1005/c).

xxv. The User agency shall undertake The State Government stated that afforestation along the periphery of the the user agency, Water Resources reservoir; Department, Medininagar

(Government of Jharkhand) has given undertaking that afforestation along the periphery of the reservoir of North Koel Dam Project (pg 1006/c).

xxvi. There shall be no tree felling between FRL The State Government stated that the user agency, has (Full Reservoir Level) and FRL — 4 meters given undertaking that the trees available between full and the forest land located between FRL and reservoir level (FRL) and FRL-4 meters of North Koel the FRL-4 meters may be afforested by Dam Project shall not be felled and the forest land planting appropriate indigenous tree species; located between (FRL) and FRL-4 meters may be afforested by planting appropriate indigenous tree species (Pg 1007/c).

xxvii. The User agency shall provide free water for The State Government stated that theuser the forestry related projects; agency, Water Resources

Department,Medininagar (Government of Jharkhand) has given undertaking that the water from the North Koel Reservoir shall be provided free of cost to the forest Department (Government of Jharkhand) for the forestry related Projects ( Pg I 009 c ), xxviii. Layout plan of the proposal shall not be The State Government stated that changed without the prior approval of the the user agency, Water Resources Central Government; Depai tinent, Medininagar (Government of Jharkhand) has given undertaking that the layout plan of the proposal shall not be changed without the prior approval of the Central Government for North Koel (Pg 1010/c)

xxix. No labour camp shall be established on the The State Government stated that the user agency has forest land; submitted an undertaking that no labour camp shall be established (Pg 1011/c).

xxx. The forest land shall not be used for any The State Government stated that the user agency purpose other than that specified in the has given undertaking that the forest land shall not proposal and under no circumstances be be used for any purpose other than that specified in transferred to any other agency, department the proposal under North Koel Dam Project and or person; under no circumstances be transferred to any other agency, department or person (Pg 1012/c).

xxxi. The State Government shall ensure that the The State Government stated that an user agency shall provide alternate fuels to Undertaking has been submitted by the labourers and the staff working at the site Irrigation Department to provide alternate fuel to so as to avoid any damage and pressure on laborour and staff working (Pg 1013/c). the nearby forest areas;

xxxii. Boundary of the forest land proposed to be The State Government stated that the user agency, diverted shall be demarcated on ground at the has given undertaking that the Boundary of the project cost, by erecting four feet high forest land proposed to be diverted shall be reinforced cement concrete pillars, each demarcated on ground at the project cost, by inscribed with its serial number, forward and erecting four feet high reinforced cement concrete back bearing, distance from pillar to pillar pillars,each inscribed with its serial and GPS co-ordinates; number, forward and back bearing, distance from pillar to pillar and GPSco-ordinates (Pg 1014/c). xxxiii. The State Government shall maintain the The State Government stated that un undertaking character of the project as an irrigation has been received from Water Resource Department project and to ensure continued benefit to the regarding compliance of this condition. They have farmers in the command area, no more submitted the Undertaking on 23.10.2018 diversion of water from the project for stating—"The user agency, Water industrial projects will be permitted in Resources Department, Medininagar (Government future; of Jharkhand) hereby undertakes to maintain the character of the project as an irrigation project consistent with the priorities laid down under the existing state water usage policy so as to facilitate a more holistic approach to water usage keeping in mind the competing demands for drinking water/ irrigation/ industry etc (pg 995/c).

The Secretary, Water Resource Department has requested to waive this condition, Accordingly recommendation has been sent to National Wildlife Board vide letter of Forest Department, Govt. of Jharkhand no 4198 dated 09.10.2018. (Pg 1021/c) xxxiv. The State Government shall complete The State Government stated that the Certificate under settlement of rights, in terms of the the Scheduled Tribes and Other Traditional Forest Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Right) Act 2006 has Forest Dwellers (Recognition of Forest been provided by DC Lateher and DC Garhwa. It has Rights) Act, 2006, if any, on the forest land been made a part of proposal. to be diverted and submit the documentary evidence as prescribed by this Ministry in its letter No. 11-9/1998-FC (pt.) dated 03.08.2009 read with 05.07.2013, in support thereof; xxxv. Any other condition that the concerned The State Government stated that the user agency, Regional Office of this Ministry may Water Resources Department, Medininagar stipulate, from time to time, in the interest of (Government of Jharkhand) has given undertaking conservation, protection and development of to accept any other condition that the concerned forests & wildlife; Regional Office of the Ministry may stipulate from time to time, in the interest of conservation, protection and development of forests & wildlife under North Koel Dam Project in the territory of Jharkhand (Pg 1015/c). xxxvi. The User agency shall submit the annual self The State Government stated that the user agency, -compliance report in respect of the above Water Resources Department, Medininagar conditions to the State Government, (Government of Jharkhand) has given undertaking to concerned Regional Office and this Ministry submit the annual self compliance report in respect by the end of March of every year regularly; of the above stated conditions to the State and Government, concerned Regional Office and to the Ministry by the end of the March every year for North Koel Dam Project (Pg 1016/c).

Lxxvii. The User Agency and the State Government The State Government stated that the user agency, shall ensure compliance to provisions of the Water Resources Department, Medininagar all Acts, Rules, Regulations, Guidelines, (Government of Jharkhand) has given undertaking NGT order (s) and relevant Hon'ble Court to comply the provisions of all Acts, Rules, Order (s), if any, pertaining to this project for Regulations, Guidelines, NGT order (S) & relevant the time being in force, as applicable to the Hon'ble Court Order (S) if any, pertaining to this project. Project, for the time being in force, as applicable to the Project (North Koel Dam Project) (Pg 1017/c). sxviii. After issue of Stage —I clearance, the State Govt. shall provide the following details immediately, as pending:

a. As reported by Regional Office, the The State Government stated that the actual distance approach road to dam site passes of black topped road is 24.8 km and Kutcha or grade- through forest and is blacktopped for 1 road is 1.8 km as reported by Deputy Director, about 25 km followed by an earthen Palamau Tiger Project, North Division, Medininagar road of about 5 km stretch. The forest department will examine the record and vide his letter no. 462 dated 02.04.2018. The record submit the status whether Forest available has been examined and it was found that the clearance under FC Act has been road was operational before 1980 and compensation obtained or not. of 11.675 crores has already been made available to the Forest Department.

b. As reported by Regional Office, there The State Government stated that this issue has exists many abandoned buildings, been discussed in the meeting at Chief Secretory temporary structures, labor huts etc. level on 05.04.2018 and it has been decided that the spread over more than 20 hectares of buildings and structures in this area, already in land near the dam site. All structures are in dilapidated condition and need to be dilapidated condition, may be used temporarily demolished at the project cost to during the construction period. However, after the prevent encroachment/unauthorized construction, these will be returned back to the occupancy of the forest land, if any. Forest Department. Even if the land has been diverted to the water resources department in the past, In the mean time the Secretary, Water Resource the same will be returned to the Forest Department has requested to waive this condition. department if it is no longer required for Accordingly, recommendation has been sent to project activities. The Status of the land National Wildlife Board vide letter of Forest needs to be verified by the state authorities as the land is in continuity of department, Govt. of Jharkhand no. 4198 dated forest area and has been apparently 09.10.2018 (Pg 1021/c). utilized by the project authorities during construction phase of the dam.

The above facts may be placed before FAC in its forthcoming meeting on 15.11.2018 for appropriate examination and recommendation. ivo -3

File No. 8-68/2018-FC

Subject : Development of Outer Harbour, Inner Harbour including Western Dock & Mechanization of existing Operational berths by M/s Paradip Port Trust, Odisha

1.The State Goverment ofOrissa vide their letter no. 1OF (Conse)150/2018/22977 F&E and date 30.10.2018 submitted the above mentoned proposal to obtain prior approval of central Goverment,in accordance with Section-2 of the Forest(Conservetion)Act,1980.

2. Details indicated in the proposal submitted by the Government of Orissa are as below

FACT SHEET

Project Details

Proposal No FP/OR/Others/263 00/2017

Development of Outer Harbour, Inner Harbour including Western Dock & Mechanization of existing Name of the Proposal Operational berths by M/s Paradip Port Trust, Odisha

Short Narrative of the proposal and The expansion, modernization of Paradip Port in comparative for handling cape size vessels and Project/scheme for mechanization of age old manually operated berths are proposed with an objective of increasing the which the forest land is present cargo handling capacity of 93.6 MTPA to 173.6 MTPA. Required

(iv) Category Others

Total Area of the (v) 75.635 Forest Land (in ha.):

Total period for which the forest land is (vi) 99 proposed to be diverted(in years)

2. Location:

(i) State Orissa

(ii) District Jagatsinghapur

3. Detail of user agency

Name of the user (i) PARADIP PORT TRUST agency

Shape of forest land Hybrid proposed to be diverted

Legal status of User Central Government Agency

4.Legal status of forest land proposed for diversion

S. No. Division Forest Land(ha.) Legal Status

1 Rajnagar WL 75.635 Revenue Forest

5. Land use plan

Component wise breakup S.no Component Forest Land(ha.) Non-Forest Land(ha.) 1 Transport Corridor for Outer harbour. 21.385 1

2 Stack Yard 54.25 22.9

6. Vegetation

(i) Species-wise and diameter class wise enumeration of trees

S. No. Scientific Name Local Name (0-30)cm. (31-60)cm. (61-90)cm. (91-120)cm. (121-150)cm. (>150)cm.

1 Dalbergia sisoo Sissoo 1 0 0 0 0 0

2 Michelia champaca Champak 3 0 0 0 0 0

3 Tectona grandis Teak 0 4 2 0 0 0

4 Syzygium cumini Jamu 0 22 11 4 0 3

5 Mangifera Indica Mango 0 28 19 12 1 0

6 Acacia auriculaeformis Acacia 0 974 485 79 10 1

7 Alstonia Scholaris Chhatiana 0 60 39 13 5 0

8 Terminalia arjuna Arjuna 0 16 4 3 3 0

9 Eucalyptus Eucalyptus 0 47 70 26 5 0

10 Casurina Equisitifolia Jhaun 0 288 204 43 1 2

11 Terminalia Catappa Badam 0 47 17 3 1 0

12 Lagerstroemia Parviflora Patuli 0 154 58 34 0 0

13 Azadirachta indica Nima 0 39 15 1 4 2

14 Melia Azadirachta Maha Nim 0 1 0 0 1 0

15 Zizyphus Jujuba Barakoli 0 11 1 1 0 0

16 Ficus Bengalensis Bara 0 26 11 11 3 7

17 Couroupita Guianensis Coconut 0 1 15 36 7 4

18 Artocarpus Heterophyllus Panasa 0 0 1 1 1 0

19 Aegle marmelos Bela 0 2 1 0 0 0

20 Ficus religiosa Osta 0 56 13 15 5 5

21 Peltoform Pterocarpum Radha Chuda 0 297 151 51 11 4

22 Mimusops Elengi Baula 0 8 1 0 6 0

23 Samania Saman Chalcunda 0 30 64 48 12 4

24 Borassus flabellifer Palm 0 6 2 2 4 0

25 Erythrina Indica Paldhua 0 1 0 0 0 0

26 Ficus religiosa Dimiri 0 5 5 0 0 0

27 Tamarindus indica Tentuli 0 0 0 1 0 0

28 Anthocephalus cadamba Kadamba 0 1 2 0 0 0

29 Polyainthia Longifolia Debadaru 0 19 3 1 0 0

30 Anacardium Occidentale Kaju 0 2 0 0 0 0

sae

31 Phunsey Bantey Bilatikayan 0 254 83 33 6 0

32 Pongamia pinnata Karanja 0 32 6 1 4 0

33 Cassia fistula Sunari 0 2 4 0 0 0

34 Phoebe Attenuata Nees. Khajuri 0 0 1 2 0 0

35 Artocarpus Hirsuta Gua 0 2 I 0 0 0

36 Bombax ceiba Simili 0 0 1 0 0 0

(ii) Density of Vegetation 40

(iii) Eco Class Eco 3

(iv) Total numbers of trees 4272 to be filled

Total Tree to be Less than 60(in cm.) 2439 (v) retained . Greatter than 60(in cm.): 1833

Vulnerability of area to Area is flat (54.385 hectares) in Patch-I and sightly undulating (21.250 hectares) in Patch-II within the port 7. soil erosion limit and hence stable soil

Approximate distance of proposed site for 8. 06 diversion from boundry of forest (in Km.)

Significance of the forest land proposed 9. for diversion from wildlife point of view

Details of wildlife The area applied for diversion does not form part of any Protected area. Amongst avifauna, the important present in and around species are Open Bill Stroks.Doves,Egrets, Herons and Cormorants etc. The Mammals seen are Jungle Cat (i) the forest land and monitor Lizards represent reptilian fauna proposed for diversion

Whether forms part of national park, wildlife sanctuary, biosphere reserve,tiger reserve, No elephant corridor. wildlife migration corridor etc.

Whether the forest land proposed for diversion is located within eco- sensitive zone(ESZ) of the Protected Area notified under Wildlife(Protection) Act,1972 (Note: In No case. ESZ of a Protected Area is not notified,then,10kms distance from boundary of the Protected Area should be treated as ESZ)::

(iv) Whether any national No park. wildlife sanctuary, biosphere

4&) reserve, tiger reserve, elephant corridor, wildlife migration corridor etc., is located within 1 Km. from boundary of the forest land proposed for diversion :

Whether any rare/endangered/unique (v) species of flora and No fauna found in the area

Whether any protected archaeological/ heritage site/ defence establishment or any other important 10. No monument is located in the area. if so, the details thereof with NOC from competent authority, ifrequired.

Whether the requirement of forest land as proposed by the User Agency is unavoidable and bare 11. minimum for the yes- pg.55/c project. i f no.recommended area item-wise with detailes of alternatives examined.

Whether any work in violation of the Act has been carried o ut( ye s/No ). if yes,details of the same 12. including of the work No done,action taken on erring officials. Whether work in violation is still under progress.

Details of 13. compensatory afforestation scheme

Patch wise details of non-forest or Revenue forest land to be provided by User Agency for CA (i)

No Data

(ii) Patch wise details for Degraded Area (To be earmarked by DFO) Patch Wise Details S.no Patch No. Area(ha.) Name of PF/RF Range Compartment No

Total Financial Outlay (iii) for C.A(lacs): 13708527.00

Whether the land identified by User Agency is suitable for (iv) No Data CA and from managementpoint of view:

Documentary evidence in support of settlement of rights in accordance with the provisions of the scheduled Tribes and other Traditional 14. Forest FRA is given but not in accordance with ministry guidelines dated 3 08 2009 read with 05 07 2013 Dwellers(Recognition of forest Rights) Act,2006 on the forest land proposed to be diverted enclosed.

Whether the project (a). Status of the Environmental Clearance to the Project: EC under process (ii). Environmental 15. requires envirnment Clearance File No.: NIL Clearance

Catchment Area - 16. Treatment Plan

Rehabilitaion of 17. Outstee

Number of SC 0 (i) Families

(ii) Number of ST Families 0

Number of Backword (iii) 0 Families

(iv) Copies of R&R Plan -

18. Cost Benefit Analysis Cost benefit Ratio = 1:78.09 (pg. 56-58/c)

Total cost of the 19. 1274380 project( in c ro re):

20. Employment Potential Permanent Employee : 1375 Temporary Employee : 2000 Total Employee : 3375

Details of Mining 21. No lease

Undertaking to bear the 22. Yes- pg.-72-73/C cost of CA and NPV

23.District Profile Geographical Forest area Total forest Forest Land Progress of Forest Non- No. of area of the of the area diverted including compensatory land forest S.no District Name Approved district (in district (in since 1980 (in penal C.A. (in afforestation as (in land Cases ha.) ha.) ha.) ha.) on(date) ha.) (in ha.)

1 Jagatsinghapur 166800 13280.64 1423.7588 10 223.961 30/07/2018 0 0

Degraded forest land - 223.961

Penal CA over Forest land - 0 Total area proposed for 24. afforested since 1980 - Non-Forest land - 0

Total- 223.961

Degraded forest land - 223.961

Penal CA over Forest land - Total area afforested 0 25. since 1980 - Non-Forest land - 0

Total- 223.961

26.Site Inspection Report

Site Date Of Division Circle Inspection Brief Details of SIR at DFO Visit By

Rajnagar This Project is recommended, being a Government of India Public Sector Bhubaneswar DFO 01/08/2018 Undertaking WL and required for capacity expansion through infrastructure development of the port

Bhubaneswar CF 03/08/2018 Applied area may be diverted

Recommended for diversion of 75.635 ha of Revenue Forest Land for Nodal Development of Outer Harbour, Inner Harbour including Western Dock & 06/08/2018 Officer Mechanization of existing Operational Berth by M/s Paradip Port Trust, Odisha for approval under Section-2 of Forest (Conservation) Act, 1980.

27.Recommendation with Specific conditions,(if any)

DFO/CF/PCCF/Nodal Officer

Re commendation Division Circle Recommendation Remarks/Conditions By

Rajnagar This Project is recommended, being a Government of India Public Bhubaneswar DFO Recommended Sector Undertaking and required for capacity expansion through WL infrastructure development of the port

Bhubaneswar CF Recommended Applied area may be diverted

Recommended for diversion of 75.635 ha of Revenue Forest Land for Development of Outer Harbour, Inner Harbour including Western Nodal Officer Recommended Dock & Mechanization of existing Operational Berth by M/s Paradip Port Trust, Odisha for approval under Section-2 of Forest (Conservation) Act, 1980.

28. Specific recommendation of the State Government

Recommendation State Recommendation Remarks/Conditions By Orissa State Secretary Recommended recommended vide letter no 22977 dated 30.10.2018. 29. Forwording Letter for Nodal Officer The Nodal officer mention in para IV that Paradip Port Trust, an organization under Ministry of shipping, Gol since 1965 has proposed to expand/modernize the existing harbor/dock utilizing the forest kissam land officially transferred to them for port work by Government of Odisha vide Revenue Department notification No. 29753/R dated 30.05.1970. These project are intended for enhancement of cargo handling capacity to boost economy of Nation, State and the local area along with employment generation and improvement of environment.

30. Forwording Letter for State Government The State Govt. in their forwarding letter no. 1OF (Cons) /150/2018/22977 dated 30.10.2018 indicated the following details:

Brief description

Paradip Port is one of the twelve major ports in India and is the main gateway for the sea borne trade on the eastern part of the country covering States such as Odisha. Madhya Pradesh Chattisgarh, Jharkhand and Bihar. It is also the nearest deep water port for the entire eastern and north-eastern part of the country. With a natural depth of about 13 meters, the Port is located inside a lagoon which offers all weather berthing facility throughout the year. It is the only major Port in the State of Odisha situated 210 nautical miles south of Kolkata(WB) and 260 nautical miles north of Visakhapatnam(AP) on the east coast on the shore of Bay of Bengal.

The foundation stone of the Port was laid by Pandit Jawaharlal Nehru, the 1St Prime Minister of Independent India on 3rd January, 1962. At that this Port was under control of the Government of Odisha. Government of India took over the management of the Port from

the State Government on 1st June, 1965. Government of India declared the Paradip Port as the Eighth major Port of India on 18 April, 1966 making it the first major Port on the East Coast commissioned in independent India.

Paradip Port is located at Latitude 20 15 55.44" N and Longitude 86 40 34.62" E. This is the second largest Major Port of India and it handled 89.60 MT of cargo during 2016- 17. The harbour basin is protected by two breakwaters, viz. south breakwater and north breakwater of approximately 1217 m long and 538 m long respectively. The approach channel, which is approximately 9,800 m long and 300 m wide, is dredged to a depth of 18.7 in CD. The entrance channel is 2,200 m long and 2.40 m wide and 17.1 m CD deep. The Port has a turning circle with a diameter of 520 in. The existing berth facilities at Paradip Port are situated in the east and central docks. The eastern dock has three general cargo berths comprising of one iron ore berth and two coal berths. The central dock has three multipurpose berths including two fertilizer berths. Three offshore Single Point Mooring (SPM) Buoys of IOCL of 37 MTPA are under operation to handle Very Large Crude Carrier (VLCC) up to 3,50,000 DWT size. Paradip Port Trust is proposing to develop Outer Harbour. Inner Harbour including Western Dock and mechanization of existing Operational Berths. Under this expansion, an all-weather, deep-draft and breakwater protected outer harbour on the shoreline south of its southern breakwaters is to be set up to augment its extant Port activities. Mechanization of existing port berths in the Eastern Dock and Central Dock including up-gradation of the back-up stacking areas is also proposed to be taken up. The total back-up harbour area. custom bond is spread over 1000 ha. The capacity (excluding SBM) will be enhanced from 93.6 MTPA to 173.6 MTPA in these existing operational berths. Expansion of Inner Itatuvut 1111..LLUGS UlJIISLI lleLIOlt 01 VVCSI.CL LIIJCIC. V, till tVVU 11G1 WS as pant ut .3agaroniata Project of the Ministry of Shipping, Government of India. GoI, Ministry of Shipping vide their letter PD -26025/31/2017-PD-II dt. 25.7.2017 have approved deepening and optimization of PPT Inner Harbour facilities including construction of Western Dock captive berth(two no.) to handle cape size vessels(Page 11/DP). This developmental activity will be taken up in two phases and the salient features of the proposed project to be taken up in phases are as follows:

Phase I: Inner Harbour

Development Berth

Mechanization:

i. All types of bulk cargo like Coal, Iron Ore, Lime Stone and Dolomite etc. will be handled. Additional capacity by mechanization and debottlenecking efficiency in the Eastern and Central Dock will be 30 MTPA and 20 MTPA respectively. Existing capacity excluding SBM will be 93.6 MTPA and the grand total will be 143.6 MTPA.

Mechanization components are Ship Loaders/ Un-loaders, Stacker, Reclaimers, Stackercum Reclaimers, Track Hopper/ Tipplers, Rapid wagon loading system, development/ up-gradation of stack yards and other ancillary facilities required for handling cargo. iv. Mechanize the manually operated cargo berths by installing equipment and conveyors and up- grading the overall harbour area covering 1000 ha.

v. Mechanization will facilitate cargo handling in environmentally sustainable way through enclosed conveyors eliminating dust generation

Inner Harbour Expansion including Western Dock:

i. The emergence and rapid development of industries in Paradips hinterland is driving the need to expedite capacity addition and Cape Size vessels handling at Paradip Port. ii. Expansion of Inner harbour including construction of Western Dock with two berths involving additional capital dredging of 8.0 million cum. The capacity creation would be 30 MTPA and the total capacity (excluding SBM) would be 173.6 MTPA.

Phase II: Outer harbour Development

i. Development proposed over stable, intertidal land. Land is in possession and control of Paradip Port Trust. ii. About 40 MTPA cargo throughout in phase I with expansion plan to reach up to 144 MTPA in the year 2036.

iii. North breakwater approx. 1.2 km and south breakwater approx. 4.2 km. iv. Approx. 9 km of dredged, two-way approach channel, about 300 m wide. v. About 21.2 Mm3 of capital dredging, about 4.6 Mm3 of maintenance dredging to be suitably disposed at an offshore location.

vi. Suitable sand by-passing systems. vii. Total 15 berths (8 for bulk export, 3 for bulk import and 4 multipurpose berths). viii. Associated navigation infrastructure such as Port Control Room/ Tower. ix. About 193 ha port backup area created on inter-tidal land by reclamation, comprising mechanized stockpiles, hard stands, covered godowns, silos, bulk tanks and associated covered conveyance systems, dust suppression and fire fighting systems for backup area. x. Last mile road (8 km joining the NH-5A road/ highway) and rail (10 km joining the Paradip double electrified BG Railway station on EC Railways) connectivity through RoWs falling within the Port Trust Land.

xi. Essential utilities such as boundary fencing with security outposts, yard illumination, electrical sub-station, water storage reservoirs and distribution pump houses, storm water drain network, internal roads, sewerage and STPs, automotive workshops, etc.

The emergence and rapid development of industries in Paradips hinterland is driving the

need to expedite capacity creation at Paradip Port. Strong industry fundamentals and Governments impetus on creating a favourable regulatory environment would lead to establishment of new units and expansion of existing units in the future. The Paradip port has a location advantage of it being in close proximity to Mahanadi Coal fields and therefore is a port of choice for the coastal movement of coal to the Power Plants located in the southern and western States of India. The port does not have adequate capacity in its existing and planned projects to handle the projected volumes of coal export and therefore there is a need to create additional capacity. As part of the Master Plan prepared for Paradip Port under the Sagarmala assignment, expansion of Paradip Port would be needed so as to enable to handle the projected

traffic throughout and also fully loaded cape size vessels.

As has been indicated in Part I of the application, development of Outer Harbour, Inner Harbour including Western Dock & mechanization of existing Operational Berth at Paradip Port require 99.535ha. of land in all including 75.635 ha of Jungle-2 (Revenue forest land) and non-forest area of 23.9 ha in village Sandhakud under Kujang Tehsil of Jagatsinghpur District (Page No.4/DP). The authenticated land schedule of total forest and non-forest land involved in the project with status as on 25.10.1980 furnished by Tahasildar, Kujang is enclosed at Page No.18- 20/DP. Area proposed for diversion is within the total area leased out by the State Government to Paradip Port Trust during 1960s and hence is under possession of the Paradip Port Trust. Details of State Government order in this context is at page page 54-59/DP. There will be no displacement of human habitation in this project. The applied area does not form a part of any National Park/ Wildlife Sanctuary/ Biosphere Reserve/ Tiger Reserve/ Wildlife Corridor. There is no archaeological monument/ heritage site/ defence establishment located in the applied area. As reported, there is no rare/ endangered, unique species of flora and fauna noticed in the forest area proposed for diversion(Page No.45-47/DP). The estimated cost of the project is Rs.12743.80 crore (Page No.2/DP). The project will generate regular employment to 1375 persons and temporary employment to 2000 persons (Page No.5/DP).

2. Justification for locating the project in forest area

Although this project is non-site specific in nature. feasibility and viability of other alternative sites as per provisions of para 2.1(3) of the FC Act guidelines has not been done owing to the fact that land required for construction for this project is very much part of the Port limit. Moreover, it has been indicated by the project proponent that the proposed project "Development of Outer Harbour, Inner Harbour including Western Dock & Mechanization of existing Operational Berths" of Paradip Port Trust are the expansion & modernization of existing harbour & berths. As such the location proposed project is required to be adjacent to the existing one. No other land except the aforesaid adjacent land including forest land is suitable for the purpose. The Divisional Forest Officer, Rajnagar Mangrove division in part-II of the application form has also indicated that the forest area to be used for the project is barest minimum and unavoidable. As such examining of suitable alternative sites for the project may not be insisted upon. J. nun

The User Agency has furnished the following maps, duly authenticated by all concerned.

Particulars Scale Plate No. S. No. DGPS Index map of village Sandhakud showing forest area Plate-1 1 proposed to be diverted for development of Outer Harbour. 1:6000 Inner Harbour including Western Dock and mechanization of existing Operational Berths

2 DGPS surveyed maps of village Sandhakud showing forest area proposed to be diverted for development of Outer Harbour, 1:3960 Plate-2. I Inner Harbour including Western Dock and Mechanization of existing Operational Berths 4, 5 & 6

3 Outer Harbour Boundary shown in SolToposheet No. F 45 U 11 1:50,000 Plate-7

4 Geo-referenced map of Compensatory Afforestation land in Plate-8 Daitary DPF 1:50,000

4. Forest Land:

Total land required for development of Outer Harbour. Inner Harbour including Western Dock & mechanization of existing Operational Berth at Paradip Port is 99.535ha. including 75.635 ha of Jungle-2 (Revenue forest land) and non-forest area of 23.9 ha in village Sandhakud under Kujang Tehsil of Jagatsinghpur District.

The break-up of the total land involved in the instant proposal is indicated below.

Component S. Forest Non- forest No. Land (in ha) land (in ha)

1 Expansion of Inner Harbour including Western Dock & Stack Yard 54.250 22.900 2 Rail-cum-Road connectivity (Transport Corridor for outer habour) 21.385 1.0

Total 75.635 23.900

5. Flora & fauna As per site inspection report of RCCF, Bhubaneswar Circle and Divisional Forest Officer. Mangrove Forest Division(WL)Rajnagar at Page No-51-53/DP and Page No.48-49/DP respectively, the applied area comes under Northern Tropical Dry Deciduous forest. The said forest land has been put under Eco-value-class-III with canopy density is 0.1. The Patch-I of the applied forest area spreads over 54.385 ha and is sparsely vegetated whereas Patch-I1 spreads over 21.250 ha which is stocked with planted trees. The forest species comprises of Dalbergia sissoo (Sissoo), Michelia champaca (Champak), Tectona grandis (Teak). Syzygium cuminii (Black Berry), Mangifera indica (Mango), Acacia auriculaeformis (Acacia), Alstonia scholaris (Chhatian), Terminalia arjuna (Arj una), Eucalyptus citriodora (Eucalyptus), Terminalia catapa (Pesta-Badam), Lagerstroemia flosregine (Patuli), Azadirachta indica (Neem), Melia azadirachta (Mahaneem), Zizvphus jujube (Barakoli), Ficus benghalensis (Bara), Cocos nucifera (Coconut), Artocarpus heterophylla (Jackfruit) etc. The area applied for diversion does not form part of any Protected Area. Amongst avifauna, the important species are Open Bill Storks, Doves, Egrets, Herons and Cormorants etc. The mammals like Jungle Cat and reptilian fauna like Monitor Lizards are found. Olive Ridley Marine Turtles are found in the sea waters during winter season.

6. Tree enumeration Tree enumeration has been carried out over the total forest land involved in the project. The species-class wise and girth class abstract of trees enumerated has been furnished at Page No.59AJDP. In all, 4,272 nos. of trees comprising of 2,575 nos. of sound trees and 1,697 nos. of un-sound trees above 30 cm girth have been enumerated in the forest land proposed for diversion. As indicated above, density of vegetation is 0.1.

7. Compensatory afforestation

The proposal involves diversion of 75.635 ha of Revenue forest land. Since, Paradip Port Trust is a Central Government Organisation, degraded forest land twice in extent of forest area to be diverted has been identified for the purpose of compensatory afforestation as per Para 3.2 (IX) of guideline of Forest (Conservation) Act, 1980. As reported that an extent of 180.0 ha of degraded forest land has been identified in Daitary DPF in Sukinda Range of Cuttack Forest Division of Jajpur District. The DFO, Cuttack Forest Division has furnished certificate for land suitability for raising ANR plantation (Page No.141/DP). Further, the said land is a compact patch and free from all sorts of encumbrances and encroachment (Page No.141/DP). The DGPS map of the Compensatory Afforestation land is appended at Page No.154/DP. The KML and Shape file of the Compensatory Afforestation land in CD form is also appended to the DP. As per MoEF & CC guideline vide Letter No.11-423/2011-FC dated 08.11.2017, 75,635 nos. (75.635 ha X 1000) of seedlings are required to be planted against proposed diversion of 75.635ha. of forest land. A Compensatory afforestation scheme has been prepared by DFO, Cuttack Forest Division for taking up ANR with Gap plantation over 97.0 ha gm() plants per ha with 10 years maintenance along with vegetative fencing and provision of Soil & Moisture Conservation with staggered trenches over entire degraded forest land of 180.0 ha which is enclosed at Page No.139-154/DP. The species selected for plantation under Compensatory Afforestation include Spondias pinnata (Ambada), Einhlica officinalis (Anla), Terminalia arjuna (Arjuna), Terminalia tomentosa (Asana), Terminalia belerica (Bahada), Ficus benghalensis (Bara). Aegal marmelos (Bela). Pterocarpus marsupium (Bija). Terminalia chebula (Harida). Atocarpus heterophyllus (Jackfruits), Syzigium cuminii (Jamun), Limoniaa acidissima (Kaitha), Mangifera indica (Mango), Azadirachta Indica (Neem), Albizia lebbeck (Siris). Dalbergia sissoo (Sissoo). Pongamia pinnata(Karanj a). The Compensatory Afforestation scheme has been technically approved by PCCF, Odisha with a total financial outlay of Rs.1,35,06,500/- only at current wage rate of Rs.224.30/- per manday, which is enclosed at Page No.155/DP which also includes cost of infrastructure. The User Agency has furnished an undertaking to pay entire amount of Compensatory Afforestation which is enclosed at Page No.38/DP.

8. Environmental clearance

The User Agency has taken steps for obtaining environment clearance for this instant project. The proposal for grant of Terms of Reference (ToR) to the project was considered by the Expert Appraisal Committee (Infra-2) in its 26th meeting held on 14-15 December, 2017 had recommended for grant of ToR and accordingly the MoEF&CC, Gol vide letter F. No.10-620/2017-IA-III dated 30.01.2018 have prescribed revised ToR for this expansion project (Page No.12-17/DP).

9.Resettlement & Rehabilitation: This proposal does not involve any displacement of human habitation. Hence Rehabilitation & Resettlement Plan is not required. 10. Cost : Benefit Analysis

The cost benefit analysis in details is enclosed at Page No.23 -25/DP. The total loss due to proposed forest diversion is Rs.10.34 cr whereas total benefit to the economy due to annual production owing to this project is Rs.807.5 cr.. Hence, the cost benefit ratio of the Project comes to 1:78.09. 11. Violation

As reported by the RCCF. Bhubaneswar and DFO, Mangrove Forest Division (WL) Rajnagar in the Site Inspection Report (Page No.51-59/DP & Page No.48 - 49/DP). no violation pertaining to construction of this instant project has been committed by the User Agency under Forest (Conservation) Act, 1980.

However, the RCCF, Bhubaneswar Circle has indicated in her Site inspection report that 21.385ha. of forest land now proposed for diversion for the purpose of Rail-cum- Road connectivity(Transport corridor) is found to have existing structures of Paradip Port Trust as under.

Pillar No. Existing Structure

08-09 Truck terminal

11-12 Electric substation

13-14 Petrol Pump

40-41 BSNL Office

42-47 Port Quarter 31-32 Ahaar Kendra

34-35 Police Station

36-37 Bus Stop

Further, the 54.250 ha of forest land proposed for Expansion of Dock Yard and development of Outer harbor, Inner Harbour including Western Dock & mechanization of existing operational berth of Paradip Port Tnist is presently used as stack yard of coal and gypsum. In view of such information provided in the Site inspection report, the PCCF, Odisha was asked to furnish exactly what extent of forest land out of 21.385ha. and 54.250ha. has been used for the above purpose and if such use of forest land has been made prior to 25.10.1980. Based on the report of user agency and field reports in this context, the PCCF. Odisha vide his office letter No. 20127 dt. 29.9.2018 has reported the following.

A) Rail cum Road Connectivity (Transport corridor) proposed under the instant project :-21.250ha The User Agency has reported that in the applied area proposed for diversion for rail cum road connectivity, several structures such as Petrol Pump, BSNL Office. Port Quarters, Police Station, Aahar Kendra, Bus stop etc are existing. The details of the structures to be removed/ dismantled for installing the projects proposed under this proposal and the extent of forest land out of 21.385ha forest land used for above purpose including whether such construction have been made prior to 25.10.1980 or after 25.10.1980 is indicated as Annexure-A attached to the DP.

(i) Truck Terminal: The User Agency has reported that the truck terminal is a vacant land without any structure where trucks are sometimes parked while waiting for entry into Harbour area since operation of the Port i.e. 1966. The extent of forest area under use is 0.857 ha and has been in use prior to 25.10.1980. (ii) Electric Sub-station:- The User Agency has reported that the Electric Sub-station is an old structure constructed during construction of the Port prior to 1970s. Subsequently, it was repaired, maintained and renovated. The Electric Sub-station is a very old building and the supporting documents were lost during Super Cyclone of 1999. The electrical substation will be removed and relocated. The monetary value of the structure is Rs.1.2Crore. The extent of forest area under use by this structure is 0.0696ha and has been in use prior to 25.10.1980. (iii) Petrol Pump: The User Agency has reported that it is a vacant land and no structure fall within the proposed forest land. The extent of forest area under use is 0.0020ha and has been in use prior to 25.10.1980.

(iv) BSNL Office: The User Agency has reported that the main building of BSNL office

having telephone exchange and the other important branch is outside the limit of

proposed forest land and will be retained but the annexed building shall be removed

and readjusted within the available space. The copy of the lease deed between BSNL and Paradip Port Trust is enclosed as Annexure-Al attached to the DP. The BSNL Office will be removed and the monetary value of the structure is Rs.0.7684 Crores. . „ . " • The extent of forest area under use by this structure is U.0451 ha and has been in

use prior to 25.10.1980. (v) Port Quarters: The User Agency has reported that the structure is the oldest part of the township project and not in good condition and will be relocated suitably. The Port quarters are very old quarters and the supporting documents were lost during Super Cyclone of 1999. The port quarters will be removed and relocated and the monetary value of the structure is Rs.1.57 Crores. The extent of forest area under use by this structure is 0.0929ha and has been in use prior to 25.10.1980. (vi) Police Station:- The User Agency has reported that the existing structure though initially constructed at the beginning of the Port during 1960s but renovated, maintained and repaired from time to time. The Paradip Police Station has been notified vide Notification No.12794/P dtd.19.05.1964 of Govt. of Odisha which was communicated by Superintendent of Police, Jagatsinghpur vide letter No.700/E dtd.04.05.2009 which is enclosed as Annexure-A2 attached to the DP. The Police Station will be removed and relocated and the monetary value of the structure is Rs.0.5 Crores. The extent of forest area under use by this structure is 0.003 ha

and has been in use prior to 25.10.1980. (vii) Aahar Kendra:- The User Agency has reported that the Aahar Kendra, a prefabricated structure installed over the plinth of an old and damaged building constructed during 1970s, was established at the request of Collector, Jagatsinghpur to facilitate a social welfare scheme of the State Government. The copy of the letter of Collector, Jagatsinghpur vide his letter No.38 dtd.14.01.2016 is enclosed as Annexure-A3 attached to the DP. The Aahar Kendra will be relocated and the monetary value of the structure is Rs.0.10 Crores. The extent of forest area under use by this structure is 0.0018ha and has been in use after 25.10.1980. (viii) Bus Stand: The User Agency has reported that it is a vacant land and is being utilized for parking of buses. Since it is an old bus stand, no documentary proof is available. No removal or dismantling of structure is required. The extent of forest area under use is 0.7245ha and has been in use prior to 25.10.1980. Thus, out of the total forest land of 21.250ha involved for Rail-Cum-Road connectivity (Transport Corridor) in the instant project, the extent of forest area under use for different purposes comes to 1.176ha.

B. Expansion of Inner Harbour Including Western Dock & Stock Yard over 54.285ha The User Agency has reported that the Stock Yard for Coal & Gypsum is neither any platform nor shed structure. Only vacant land is used for stacking coal etc as and when required. awaiting for evacuation of cargo from the Harbour area. The area is in use since 1966 i.e. from the date of operation of the Port. No removal or dismantle is not necessary. The extent of forest area under use is 5.0ha and has been in use prior to 25.10.1980.

In view of continuity in use of forest land illegally for different non- forest purposes within the port limit even after 25.10.1980. MoEF&CC. GoI may therefore take note of these developments and impose penal measures as appropriate for compliance by the user agency. 12. Compliance of ERA guidelines of GoI, MoEF&CC pertaining to forest land proposed for diversion In compliance to Govt. of India. MoEF&CC circular vide F.No. 11-9/1998- 21

FC(Pt.) dt. 3.8.2009 and subsequent guidelines issued thereafter 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 Collector . Jagatsinghpur has issued the required certificate in the prescribed format pertaining to the proposed forest area of 75.635 ha of Revenue forest proposed to be diverted under this project which is enclosed at Page No.27/DP. The Proceeding of Ward Sabha Resolution dated 25.04.2018 both in Odia and English are enclosed at Page No.29-37/DP. 13. Geo-referenced digital map 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 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. In compliance to the above, the user agency has submitted the Geo-referenced digital data (in soft copy) and digitalized maps along with coordinates of latitude and longitude duly verified by ORSAC and authenticated by DFO, Mangrove Forest Division (WL) Rajnagar in respect of 75.635 ha of Revenue forest land proposed for diversion along with shape file & KML file. The soft copy in CD form is also enclosed to the DP

14. Others

The Site inspection reports of Rajnagar(Mangrove) Forest Division and RCCF, Bhubaneswar are furnished at Page-48-49/DP and page 51-53/DP respectively. NPV is applicable to this project and the User Agency has furnished undertaking to pay the same (Page-39/DP).. The Basic information of Rajnagar Mangrove Forest Division(WL), District Profile of Jagatsinghpur district and the State Profile have been furnished at Page-156-158DP.

Principal Chief Conservator of Forests, Orissa has recommended this proposal. All relevant maps have been appended to the diversion proposal. All the statutory proforma have been duly filled up.

In view of the above position. it is requested that the Govt. of India, Ministry of Environment, Forests and Climate Change may kindly examine the proposal for diversion of 75.635 ha of forest land within the limits of Paradip Port Trust at Paradip coming under jurisdiction of Rajnagar Mangrove Division/Jagatsinghpur district, Odisha for development of Outer Harbour, Timer Harbour including Western Dock & mechanization of existing operational berth by M/s Paradip Port Trust and convey their approval under Section-2 of Forest (Conservation) Act. 1980 subject to the following conditions.

i. The project proponent shall undertake plantation of suitable species in the vacant spaces available within the applied area as well as in the Port limit area as per advice of the Divisional Forest Officer, Rajnagar(Mangrove)Division at project cost. ii. The user agency shall undertake posting of durable six feet high RCC pillars along the forest area included in diversion proposal and embedded with pillars two feet inside and 4 feet above the ground with serial number, forward and back bearings and distance from adjacent pillar posted clearly. iii. The user agency shall undertake that the contractors engaged in the project shall not damage any forest growth and wildlife found in the area.

iv. The execution of the project shall also be subject to CRZ clearance and Environmental Clearance of the competent authority. v. It should be ensured by the user agency that movement of Olive Ridley does not get affected owing to this project including during its construction phase. vi. Penal measures as would be imposed, shall be complied with by the user agency.

Comments of Additional Information By : i. TO Remarks

The facts of the proposal for diversion of 75.635 ha of forest land within the limits of Paradip Port Trust at Paradip coming under jurisdiction of Rajnagar Mangrove Division/Jagatsinghpur district, Odisha for development of Outer harbour, Innner Harbour including wester dock & Mechanization of existing operational berth by M/s s Paradip Port Trust, may be placed before FAC in its forthcoming meeting scheduled to be held on 15.10.2018 for their examination and appropriate recommendation. ii. AIG Remarks iii. IG Remarks iv. ADG Remarks v. DG Remarks vi. Secretary Remarks vii. MOS Remarks viii. MEF Remarks

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Sy Agenda No. 4

F. No. 8-01/2018-FC

Sub: Diversion of 360.01 ha of forest land (160.838 ha Sabik Kisam forest land plus 199.1720 ha forest land (RF & KF) located within total mining lease hold area over 403.3238 ha of Katamati Iron Ore Mine of Tata Steel Limited under Section 2 (ii) of Forest (Conservation) Act 1980 in Keonjhar District of Odisha.

1. The State Government of Odisha vide their letter No. 10F(Cons)-18/2016.26364/F&E dated 19.12.2017 and 10F (Cons)-136/2014/102/F&E dated 01.01.2015 submitted above subject proposals for diversion of 160.838 ha of Sabik Kisam forest land and diversion of 199.1720 ha of forest land for mining and allied activities in Katamati Iron Ore Mines of M/s. Tata Steel Ltd. located in Keonjhar district, Odisha within total Mining Lease hold area over 403.3238 ha of Katamati iron Ore Mines of M/s Tata Steel Ltd. in Keonjhar district Odisha seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980. 2. Permission for 199.1720 ha of forest land under section 2 (iii) of FCA, 1980 has earlier been conveyed on 29.09.2016. 3. The FAC in its meeting held on dated 19.06.2018, after thorough deliberation and discussion with APCCF regional office Bhubaneswar and User agency, FAC recommended the diversion of 160.838 ha. (Sabik Kisam forest land) and 199.1720 ha forest land (Total Forest land 360.01 ha located within Total mining lease hold area over 403.3238 ha) under the provisions of section 2(ii) of Forest (Conservation) Act 1980 with Standard, General and following specific conditions

(i) From the documents it is learnt that the lease has been executed for entire forest area on 27.11.2016 having full knowledge that the mining lease has Sabik forest land for which Clearance under the provisions of Forest (Conservation) act 1980 was not obtained. State Government shall initiate action for violation as per the provisions of Government of India Guidelines 11-42/2017-FC dated 29.01.2018. (ii) State Government shall submit cost benefit analysis as per MoEF&CC guideline prior to stage II approval (iii) Complete compliance of FRA certificate for entire forest land within mining lease as per MoEF&CC guideline shall be submitted. (iv) Felling of large number of trees shall not be done at a single point of time. As far as possible the trees should be felled in phased manner only when it is unavoidable. (v) User agency shall not clear the natural vegetation of about 50 meter width in the periphery in the southern boundary of mining lease area. The area shall be demarcated with the help of forest department prior to stage II approval.It shall be maintained and supplemented as green cover.The cost of maintaining it as green area shall be borne by user agency. (vi) User agency shall maintain Safety zone as per MoEF&CC guideline. The complete detail of safety zone around the mining lease shall be submitted prior to stage II approval.

4. Recommendation of FAC was accepted by the competent authority and Ministry vide its letter dated 21.08.2018 and Stage-I approval issued for diversion of 360.01 ha forest land subject to fulfilment of certain conditions including condition No.(ii) and (iv) as below:

(ii) Compensatory Afforestation shall be raised over equal identified non-forest land (NFL) land within three years from the date of Stage —II Clearance and maintained thereafter by the State Forest Department at the cost of the User Agency. At least 1000 saplings per hectares shall be planted over 360.01 ha (360010 plants). If this is not possible to plant these many seedlings in the identified NFL, the balance seedlings will be planted in degraded forest land as per the prescriptions of the Working

Plan at the cost of the User agency. In such case CA cost will be revised and duly approved by competent authority and deposited online in the CAF managed by CAMPA. (iv) From the documents it is learnt that the lease has been executed for entire forest area on 27.11.2016 having full knowledge that the mining lease has Sabik forest land for which Clearance under the provisions of Forest (Conservation) act 1980 was not obtained. State Government shall initiate action for violation as per the provisions of Government of India Guidelines 11-42/2017-FC dated 29.01.2018.

5. Now user agency i.e. M/s Tata Steel Limited submitted a representation vide their letter dated 24.10.2018 requesting for modification of condition No. (ii) and condition no.(iv) of Stage —I approval related to change in requirement of CA land and related to violation due to execution of supplementary lease deed without obtaining forest clearance for Sabik land respectively. 6. The representation was processed and decided with the approval of IGF(FC) to obtain comments of the State Govt. for further consideration of the proposal in the Ministry. However, the matter was discussed in the office of DGF&SS in presence of IGF(FC) and project proponent, and it was decided to place the matter for discussion in next FAC where State Govt. representative will be there. 7. The justification given by the user agency for modification/deletion of the conditions are as follows: S.N. Condition stipulated Justification of the project proponent for changing in conditions.

(ii) Compensatory In this connection, the user agency referred to Point No. (3 & 7) of Afforestation shall be recommendation letter No. 1OF (Cons)-136/2014/102/F&E dated raised over equal 01.01.2015 of Government of Odisha which reads as follows: identified non-forest land (NFL) land within three years from the date of Point No. (3) 2nd Para: Stage —II Clearance and maintained thereafter by the State Forest Department at the cost of "It has also been reported that out of total forest land of 199.1 720 the User Agency. At least ha., 31.1 791 ha., (8.2834 ha RF & 22.895 7 ha KF) has been broken- 1000 saplings per hectares up prior to 25.10.1980. As such, the entire forest land of 199.1 720 ha. shall be planted over in this mining lease applied for diversion during 3n1 RML period 360.01 ha (360010 plants). includes 165.7928 ha. (48.3539 ha RF & 11 7.4389 ha KF) of virgin If this is not possible to forest land and 31.1 791 ha. of forest land broken prior to 1980. plant these many seedlings Further 199.1720 ha. offorest land proposed for diversion includes in the identified NFL, the 196.9719 ha. forest land for mining and allied activities and 2.2001 balance seedlings will be ha. (0.9147 ha. RF + 1.2854 ha. KF) for safety zone." planted in degraded forest land as per the prescriptions of the Point No. (7): Working Plan at the cost of the User agency. In such case CA cost will be "199.1720 ha offorest land is proposed for diversion during 3'1 RAIL revised and duly approved period in this lease that includes 2.2 ha offorest land to be maintained by competent authority as Safety zone and 31.1 791 ha of forest land broken prior to 1980. and deposited online in the Hence 165.7928 ha (199.1 720 ha -2,2001 ha -31.1 791 ha) of virgin CAF managed by forest land is proposed to be used for mining activities. In lieu of CAMPA. 165.7928 ha of virgin forest land to be used for mining and other

0-1 allied activities, 165.7928 ha of non forest Government land has been identified by the district Administration of Keonjhar for the purpose of raising Compensatory Afforestation in one Village of Kaliapal of Barbil Tahsil in Keonjhar district."

The details of non-forest land identified in Village Kaliapal is indicated as 409.683 Acres or 165.7928 ha., scheme for which has already been prepared and approved.

Since 31.1791 ha. forest land is broken-up prior to 1980 and safety zone area is 2.2001 ha. hence CA land over 165.7928 ha. only (199.1720 ha. - 31.1791 ha. (broken-up) — 2.2001 ha. (safety Zone)) has been identified against the proposal.

CA land for the sabik forest has been identified over 160.8380 ha. identified in Dhenkanal District against the entire forest land of the proposal.

Total non-forest Govt. land required for raising CA against the proposal over 199.1720 ha. (Hal proposal) and 160.8380 ha. (Sabik proposal) was over 326.6308 ha. and accordingly the non-forest Govt. lands have been identified in Keonjhar and Dhenkanal District as well.

In view of the above, it is requested for modification of Condition No. (ii) of Stage-I approval F. No. 8-01/2018-FC dated 21.08.2018 changing the requirement of area of CA land from 360.01 ha. to 326.6308 ha (165.7928 ha w.r.t. diversion proposal for 199.1720 ha and 160.8380 ha for diversion of Sabik Forest Land).

(iv) From the documents it is In this connection, the user agency informed that the supplementary learnt that the lease has lease deed was executed by the State of Odisha in view of all the been executed for entire statutory clearances as per extant rules applicable at the point of time forest area on 27.11.2016 (Mine Plan, EC, FC etc.). In supporting of their claim, the user having full knowledge that agency indicated the following facts for consideration:- the mining lease has Sabik forest land for which 1. Katamati is an operating lease since the original grant on 17.01.1933. Clearance under the provisions of Forest 2. First Renewal was granted for a period of 20 years w.e.f (Conservation) act 1980 17.01.1963 to 16.01.1983 by Mining & Geology Deptt., was not obtained. State Govt. of Orissa vide letter No. III(A)MG-87/73-11510 dated Government shall initiate 21.11.1973. The lease deed was executed between Tata Steel action for violation as per & the State Govt. on 10.01.1978. the provisions of Government of India 3. The Second Renewal was granted for a period of 20 years w.e.f 17.01.1983 to 16.01.2003 by the Mining & Geology Guidelines 11-42/2017- Deptt., Govt. of Orissa vide letter No. III(A)MG-58/83- FC dated 29.01.2018. 14879 MG dated 24.12.1983 and issued Execution Order vide letter No. III (A)-MG 27/84-9026 MG dt. 01.09.1984.

4. The Katamati lease over an area of 403.3238 ha. was executed between Tata Steel Ltd. and State Govt. on 17.10.1984 and registered vide lease deed No. 67 dated 27.11.1984. It is pertinent to mention here that as per the executed lease deed the entire lease hold area of 403.3238 ha consists of 199.172 ha of Forest land (57.525 ha of Reserve forest and 141.62 ha of Khesra forest) and 204.1518 ha of non-forest land. 5. Tata Steel Ltd. applied for Third Renewal of the lease for 20 years on 05.09.2001. Subsequently, Govt. of Odisha, Steel & Mines Deptt. vide letter no. III (A) SM-02/2004/3303/SM dated 18.04.2015 extended validity period of mining lease for Iron Ore over an area of 403.3238 ha. in village Deojhar & Thakurani R.F. (Katamati) of Keonjhar District under Section 8A of the MMDR Amendment Act'2015.

6. Director of Mines communicated the order of State Govt. dated 18.04.2015 to all concerned DDM's regarding extension of lease period and act accordingly. They accordingly communicated to Collector, Keonjhar about the State Govt. order with copies of all Statutory clearances vide our letter no.GM/PL/212/194/15 dated.20.04.2015.

7. Since they did not have forest clearance for Katamati iron mine either in full or in part Collector, Keonjhar raised objection for execution of SLD for want of forest clearance. They applied to Additional Chief Secretary Govt. of Odisha vide letter no. TSL/KIM/0577/2015 dated 21.09.2015 for recommending to MoEF&CC for according permission under Section 2 (iii) of FC Act,1980 over applied forest land of 199.1720 ha falling within Katamati lease. State Govt. (F&E) Deptt. Recommended their application to MoEF&CC for according permission under Section 2(iii) of the FC Act'1980 for applied forest land of 199.1720 ha in Katamati lease. Approval under Section 2(iii) was accorded by MoEF&CC, Govt. of India vide F. No. 8- 5/2015-FC dated 29.09.2016 for assignment of lease over the entire area. 8. Director of Mines, Govt. of Odisha advised Collector, Keonjhar vide letter No. MVI-(a)-48/01-9285/DM dated. 14.10.2016 for execution of Supplementary lease deed giving reference of the approval U/S 2(iii) of FC Act,1980 over applied forest of 199.172 ha.

9. Collector, Keonjhar advised us vide letter No.1489/Mines dated.21.11.2016 to deposit an amount of Rs.433136996.00 (Rupees Forty-Three Crores Thirty One Lakhs Thirty Six Thousand Nine Hundred Ninety Six) only towards Stamp Duty and Rs.173254799.00 (Rupees Seventeen Crores Thirty Two Lakhs Fifty Four Thousand Seven Hundred & Ninety Nine) only towards Registration Fee along with the Users Fee of Rs.200.00 (Rupees Two Hundred) only. After depositing the above amount, Supplementary Lease Deed was executed on 27.11.2016 and registered vide e-registration No.11031600471 dated 28.11.2016.

10. Sabik Kisam of forest is a specific categorization in the State of Odisha. MoEF&CC, Govt. of India issued a guideline dated 10.03.2015 for the same.

11. It was formally informed only in late 2016 about the same and immediately they submitted an application for diversion u/s 2(ii) for Sabik Forest Land over 160.838 ha as required. The said land was recorded as non-forest land in the previous Lease Deeds executed during the 2nd Renewal.

In view of the facts mentioned above, the user agency stated that it is clear that there has not been any violation on their part. Being a very old operating lease and the lease deed had been signed twice earlier for the same area, they requested to kindly withdraw the condition.

In view of above, the above facts may be placed before FAC in its next meeting scheduled to be held on 15.11.2018 for appropriate examination and recommendation.

Shrawan Kumar Verma, DIG (FC)

Agenda No. 1

F. No. 8-23/2018-FC Sub: Diversion of 150.84 Ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Adventure Eco Theme Park under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh (Online Proposal No. FP/AP/Others/30367/2017) — reg. 1. The Government of Andhra Pradesh, Environment, Forests, Science & Technology (Section. II) vide their letter No. 68/Section. 11/2018 dated 11.01.2018 submitted a fresh proposal to obtain prior approval of the Central Government, in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 150.84 ha of forest land for establishment of Adventure Eco Theme Park under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority. 2. The facts related to the proposal as contained in the proposal submitted by the State Government and in the site inspection report submitted by the Regional Office (SEZ) Chennai are given below in the form of fact sheet: FACT SHEET 1. Name of the Proposal Diversion of 150.84 Ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Adventure Eco Theme Park under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh 2. Location: i. State Andhra Pradesh. ii. District Guntur. 3. Detail of user agency Name of the user agency Andhra Pradesh Capital Region Development I. Authority and Capital Authority ii. Nature of user agency State Government. 4. Particular of Forests i. Name of Forest Division Guntur Forest Division. ii. Area of Forest land proposed for Diversion (in 150.84 Hectares. Ha.) iii. Legal Status of Forest land Reserve forest iv. Density of Vegetation Density: 0.2 to 0.4 Eco Class : IV 5. Maps i. Differential GPS map of the area proposed for At page no. 22/c diversion

ii. Differential GPS map of the area identified for At page no. 38/c raising CA

iii. Survey of India toposheet on 1:50,000 scale Pg. 21/c. showing the area proposed for diversion

iv. Survey of India toposheet on 1:50,000 scale At page no. 39/c showing the area identified for CA

v. Land use plan At page no. 66/c vi. Forest Cover map Not given vii. Authenticated DGPS maps for Non-forest land Pg. 22/c. and forest land proposed for diversion. 6. Vegetation i. Species-wise (scientific names) and diameter Pg. 78-79/c. class-wise enumeration of trees to be enclosed. ( In case of irrigation / hydel projects enumeration at FRL, FRL-2 meter & FRL-4 meter also to be enclosed.) and diameter class wise enumeration of trees. ii. Density 0.2 to 0.4 iii. Number of trees 18,715 7. Vulnerability of area to soil erosion Area is not vulnerable to erosion in view of existing vegetation cover. The vulnerability for erosion is minimum. 8. Approximate distance of proposed site for 0.0 Km diversion from boundary of forest 9. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, No Elephant Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed) 10. Whether any rare/ endangered/ unique species of No flora and fauna found in the area if so, details thereof. 11. Whether any protected archaeological/ heritage site/ defence establishment or any other important No monument is located in the area. If so, the details thereof with NOC from competent authority, if required. 12. Whether the requirement of forest land as Yes, as per the certification furnished by the user proposed by the User Agency in co1.2 of Part-I is agency and the information furnished in part I of unavoidable and bare minimum for the project. If the proposal, the alignment through RF is no, recommended area item-wise with details of unavoidable from the technical feasibility point of alternatives examined. view and is the barest minimum required for this Project. 13. Whether any work in violation of the Act has No, work has been carried out in violation of been carried out (Yes/ No). If yes, details of the Forest (Conservation) Act, 1980. same including period of work done, action taken on erring officials. Whether work in violation is still under progress. 14. Shape file / KML file CA and diversion land. Yes, DSS report is placed (F/Y). 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area Site Suitability Certificate is attached at page no identified for compensatory Afforestation, its 84/c. distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area Attached at Page no. 39/c identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme The CA scheme for 150.84 ha of Non-forest land ' including species to be planted, implementing proposed to be taken — up in Revenue Survey No. Agency, time schedule, cost structure etc. 266 of Jowkulapalli and surrounding villages of Vonitmitta Mandal of Forest Division and District Kadapa from 2017-18 to 2030-31 in lieu of diversion of 150.84 Ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Adventure Eco Theme Park under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh. The CA scheme is available at (85-87/c). However, the approved CA Scheme has not been submitted by the State Government of Andhra Pradesh. iv. Total financial outlay for compensatory Rs.1366.077 lakhs Afforestation scheme. vi. Total amount of NPV Rs. 660.679/- lakhs v. Certificate from competent authority regarding Pg 84/c and page no. 37/c suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. 16. Documentary evidence in support of settlement of The District Collector, Guntur, Government of rights in accordance with the provisions of the Andhra Pradesh has issued FRA certificate vide Scheduled Tribes and Other Traditional Forest letter no. 3281/2015-85 dated 23.04.2016 and the Dwellers (Recognition of Forest Rights) Act, same is available at (Pg. 27-29/c) for diversion of 2006 on the forest land proposed to be diverted 150.84 hectares certifying the information in enclosed. respect of all clauses of the MoEF's advisory dated 05.07.2013 i.e. diversion of forest land the for facilities managed by the Government and safeguarding the rights of Primitive Tribal Group and Pre-Agricultural Communities as required under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, discussion on the proposal in meeting of concerned Gram Sabha (s) maintaining the prescribed quorum, etc. The concerned Gram Sabha (s) is available at (Pg. 27-35/c). Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may kindly be seen at (Pg. 27- 35c). 17. Site Inspection Report of the Divisional Forest The copy of the Site Inspection Report inspect by Officer in compliance to the conditions stipulated the Chief Conservator of Forests, Guntur Circle on in the col. 7 (xi, xii) 8 and 9 previous approval. 21.12.2017 (Pg. 103-104/c). And SIR inspect by the DFO, Guntur Division is available at (Pg. 81- 83/c). 18. Whether the project requires environment No. clearance 19. Status of Wildlife Clearance. It is reported by the User agency in online application of Part-I under Colum I (i), the Wildlife Clearance has not been required in this project. However, The DFO, Guntur has also been reported in Part-II the wildlife movement has ' been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 20. Catchment Area Treatment Plan Not Applicable. 21. Rehabilitation of Oustee Not Applicable. i. Number of SC Families ii. Number of ST families iii. Number of Backward Families iv. Copies of R&R Plan Not applicable 22. Cost Benefit Analysis Not given 23. Total Cost of the project Rs. 76823 lakhs 24. Employment Potential Yes Permanent/Regular Employment (Number of persons): 10000 Temporary Employment (Number of person- days): 100000 25. Undertakings to bear the cost of CA, NPV and Pg. 42-44/c. Addl. NPV 26. Profile of the District /Division. (i) Geographical Area of the District 11,391.00 Sq. km. (ii) Total Forest Area 1,661.43 Sq.Km (iii) Total area diverted since 1980 Area 1137.355 ha Number of case - 28 (iv) Total area proposed for afforested since 1980 Degraded forest land 591.945 ha Non-forest land 68.382 ha

(v) Total area afforested since 31.03.2017 Degraded forest land 591.945 ha Non-forest land 68.382 ha 27. Recommendation with Specific conditions, (if any) DFO Recommended (Pg. 101/c). CF Recommended (Pg. 102-104/c). PCCF/ Nodal Officer (FCA) Recommended (Pg. 105/c). State Govt. Recommended (Pr .106/c).

3. The Ministry has already granted the approval for diversion of 2087.09 ha ( Tadapalli: 251.77 ha as this area falls in the proposed capital city and Venkatayapalem RF 1835 ha. for establishment of Armed Forces Training Institute and facilities such as State Police, establishment, Greyhounds., Water Survival Training Facility, Military Station, Central Prison, Railway Academy, CRPF etc. for security reasons) of forest lands (Revised proposal was for 12444.89 ha.) in Krishna and Guntur Divisions & Districts of Andhra Pradesh for establishment of Andhra Pradesh Capital vide this Ministry's letter No. F. No. 8-24/2015-FC dated 20th September, 2017 (F/Z). 4. At point 4 of Chapter 2 of the Handbook of Guidelines, it is clearly mentioned that:- (F/X) Diversion for non-site specific projects:- A large number of proposals for diversion of forest land for non-site specific projects like industries, construction of residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons, etc. are received by the Central Government. Attention is drawn to items I (iv) and 8 of the Form "A" in which the proposal is to be submitted by the State Government. In these columns, justification for locating the project in the forest area giving details of the alternatives examined and reasons for their rejection has to be furnished. Normally, there should not be any justification for locating non site-specific projects on forest land. Therefore, the State Government should scrutinize the alternatives in more details and must give complete justification establishing its in-escapability for locating the project in forest area-. The motive of the above referred guideline is that the forest is a natural resource and a complete ecosystem in itself and once ecosystem is disturbed and forest land is diverted, the same cannot be restored to its original glory. Therefore the forest land shall be diverted only for those activities which are site-specific whose value is more than the ecosystem services of forest ecosystem and cannot be done elsewhere in the interest of development needs of the society. The development of Industrial corridor on forest land is certainly non site specific and can be developed on non-forest land. 5. The proposal has also been examined on DSS in FC Division. Report of the same may kindly be seen at F/Y. 6. The forest land proposed to be diverted has been inspected by Shri D. Sathiyan, Chief Conservator of Forests (Central), Regional office (South Eastern Zone), Chennai. Additional information furnished in the inspection report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter No. 4-APA067/2018- CHN/1681 dated 22nd October, 2018 (Pg. 114-126/c) are as below- 7. Background: 7.1 The 'Andhra Pradesh Capital Region Development Authority Act 2014' (APCRDA Act) has come into force with effect from the 30th day of December 2014. This is an act to provide for the declaration of the new capital area for the State of Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purposes of planning, co-ordination, execution, supervision, financing, funding, promoting and securing the planned development of the capital region development area, undertaking construction of the new capital region, undertaking construction of the new capital for the State of Andhra Pradesh, managing and supervising urban services in the new capital area and for matters ancillary thereto. As per the APCRDA Act, the Capital Region was notified with an area of 8603 sq.kms. (which includes Reserve Forest area of 407.96 sq. kms. falling in Krishna and Guntur Districts of Andhra Pradesh. 7.2 Section 94 (4) of the Andhra Pradesh Re-organisation Act 2014 provides that "The Central Government shall facilitate creation of a new capital for the successor State of Andhra Pradesh, if considered necessary, by de-notifying degraded forest land". However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.II /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 7.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In-principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 7.4 Meanwhile, the Hon' ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: `the Capital city has 251 acres of forest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 7.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports.

Accordingly, as per the direction of the APCCF(C), the above mentioned project sites were inspected by CF(Central), RO Chennai along with the State Forest Department Officials and representatives from the User Agency during the period 17.09.2018 to 19.09.2018. Before proceeding for field inspection, the User Agency has made a detailed power point presentation on all the proposals.

8. Basic details of the proposal

As per the proposal, the APCRDA seeks diversion of 150.84 Ha forest land for the establishment of an `Eco Theme Park' under the 'Capital City Infrastructure projects'. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is the foot hills portion a hillock which has steep slopes. The area has Dry Thorny Scrub Forests of canopy density of 0.2-0.3 and bamboo is also seen in a small area. Tree species like Albizzia amara, Azadirachta indica, Grevia rotandifolia, Carissa spinarum, Acacia leucophloea, Manilkara hexandra, Gyrocarpus jacquini, Zyzyphus xylopyrus and Prosophis juliflora are recorded in the area. Wild boar, hare, python, peafowl etc are reported in the proposed area. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal area is as follows: S.No Land use Area in Ha 01 Adventure Play Areas 11.87 02 Biomes & Jungle Kingdom 17.63 03 Camp Sites 4.37 04 Lazy pool & Tide pool 5.18 05 Natural Trails & Action Park 10.77 06 Resorts 10.72 07 Rope Station 0.82 08 Rope way Station no.03 2.66 09 Snow World & Shows 14.18 10 Guest Rooms & Dormitories 6.07 11 Canal Area 5.57 12 Roads 25.21 - 13 Common Open Spaces & Green Areas 30.07 14 Utilities 5.73 - Note: It is renorted in the proposal that an area of 46.35 ha_ which is 55% of the area proposed for activities mentioned in SI No 1 to 11 above, will be retained as open spaces in addition to the 30 07 ha of area proposed for common open spaces & green areas.

9. Concept plan furnished in the proposal:

10. Observations on the proposal documents: 10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 10.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution, if any. For example, an area of 11.87 ha is proposed for the theme 'Adventure play Areas' but no further break-up or finer details have been given. The actual area required for each sub-component as well as the open space within it has not been reported. 10.3 The component wise breakup reported in the concept lay out plan differs from the area statement given in the form of a table. 10.4 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed yet and the sub component wise details, etc. will be worked out only in future, which means the requirements indicated in the current proposal may be subject to change.

11. Observations made during site visit: 11.1 The forest area of 150.84 ha proposed for diversion, falling in kondaveedu RF of Guntur Range and Guntur Division, is the foothill part of hillocks. This area has sparsely distributed vegetation with a canopy density of 0.2- 0.3. This area is located behind the Kondaveedu Bit 1 A & Bit 1B which have been proposed for diversion separately. It is bordered by revenue/agricultural lands on one side and the remaining part of the RF on the other sides. The proposed diversion area has a medium slope and a maximum elevation of around 276 ft MSL, as per google earth. There are 4 streams draining into this area from the hillocks. a. As per the layout plan, some areas have been earmarked for 'Resorts' and 'Cottages', but these details are not reflected in the break-up of area required as given in the table form in the proposal. The User Agency may be asked to clarify & rectify the mismatch between the table and the lay out plan. b. As per the proposal, an area of 4.37 ha is proposed for 'Camp sites & Hostels'; 10.72 ha and another 6.07 ha for 'Guest rooms & Dormitories' though diversion of forest lands for such purposes is specifically discouraged.

12. Suggestions/ Recommendation: a. The proposal is non-site specific and in its present form involves construction of some of the proposed infrastructures on the hill slopes. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting, if any, involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the GoI is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. b. If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by reducing the areas earmarked for residential/ commercial buildings, Camp sites, Cottages, hostels, dormitories, etc which shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. i. For each of the thematic zones proposed, the final certified land use indicating further breakup of the forest land required, sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. ii. Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. iii. In the event of the project being given approval by the GoI, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion, wherever required, shall be constructed at the project cost to prevent encroachment. c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The User Agency shall not alter the natural course of the streams in the proposed area and shall undertake to strengthen its banks both structurally and by planting trees. 13. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc.

14. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

i. In lieu of the 3306.55 ha of forest lands proposed for diversion under the 8 proposals submitted by the APCRDA, Compensatory Afforestation over a non-forest area of 3520.58 ha (in 6 patches in 2 districts) has been proposed. The details are as follows:

Sl.No District Village Survey No Area in Remarks ha 1. Joukulpalli 260 1007.74 To be inspected 2. Atloor 426, 754, 1595.23 To be inspected Kadapa 420, 58 3. Kotapadu 613 186 To be inspected 4. Kudumaluru 401 211 To be inspected

5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

Out of the above, the undersigned has visited random points on the following 2 identified CA sites along with the State Forest Department Officials and representatives from the User Agency on 19.09.2018. The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows: 15. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

The Non Forest area of 50.57 ha is an isolated patch and not located adjacent to any Reserve Forests. The area has sandy loam soil which is full of stones and gravel. Access to the identified land is through other non-forest lands and parts of the identified CA land has been put to various uses by the local people including laying of water pipes, electric lines and for digging bore wells; this indicates the pressure of encroachment. As reported, huge biotic pressure has completely denuded the area to be a barren land now. Securing this isolated patch from possible encroachment and ensuring success of plantation will be difficult and costly. As such, from a management point of view, the area may not be suitable for taking up compensatory afforestation. Hence, the User Agency may be directed to find any other suitable non-forest land.

15.1. Google image &Photograph of the 50.57 ha non-forest area:

16. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city; 118.30 ha for `too-tourism Village' and another 227.92 ha for `Biodiversity Park'.

On account of the site's advantage of being adjacent to the RF as well as a Protected Area, this non-forest area is recommended for undertaking compensatory afforestation, subject to the following conditions;

a) Wherever required, soil shall be imported from outside for plantation purposes. b) CA area shall be fenced wherever required to prevent encroachment. c) Awareness Camps shall be organized among the public of the nearby villages regarding conversion of revenue land in to a forest area and on applicability the Forest (Conservation) Act, 1980. d) Concerned Circle Head shall monitor implementation of the CA and furnish detailed monitoring report to the Regional Office every year.

16.1. Google Image &Photograph of the 470.04 ha non-forest area:

17. In view of the above facts related to the proposal, it is proposed that proposal may be placed before FAC for its

Consideration in its forthcoming meeting scheduled to be held on 15.11.2018. ****

0'5 Agenda No. 2

F. No. 8-24/2018-FC Sub: Proposal for diversion of 434.85 hectares of forest land for development of Integrated Institutional Complex under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA).— regarding.

1. The State Government of Andhra Pradesh vide their letter No. 64/Section-IU2018 dated 11.01.2018 (Pg. 1- 109/c) 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 434.85 hectares of forest land for development of Integrated Institutional Complex under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA).

FACT SHEET

1. Name of the Proposal Diversion of 434.85 hectares of forest land for development of Integrated Institutional Complex under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). 2. Name and nature of the user agency Andhra Pradesh Capital Region Development Authority (APCRDA). 3. Nature of the user agency A State Government undertaking. 4. Category Others. 5. Period of time 99 years. 6. Location (i) State Andhra Pradesh. (ii) District Guntur. (iii) Compartment No. - 7. Particulars of Forests: (i) Name of Forest Division and Guntur forest Division=434.85 ha. Forest area involved. (ii) Legal status/Sy. No Notified as Reserve Forest under Section 16 of Madras Forest Act (Act-V of 1882) vide Gazette page. No. 671 dated 23.10.1984. (iii) Maps i. SOI — Pg. 21/c. ii. DGPS Map — Not given. iii. 10 km radius map —Not submitted. iv. CA area maps — Pg. 41/c. v. Layout map — Not submitted. 8. Topography of the area - (i) Geology Not reported. (ii) Vulnerability to erosion No. (i) Vegetation & Density 0.2 to 0.4 Eco —Class IV

(iii) No. of trees to be felled The Abstract of the enumeration of trees FRL wise to be felled in the proposed area is placed in the file at (Pg. 81-82/c). 9. Working plan prescription for the As per working plan prescription the RF is included in forest land proposed for diversion: Degraded Forest improvement working circle.

10. Brief note on vulnerability of forest Area is not vulnerable to erosion in view of existing vegetation area to erosion: cover. The vulnerability for erosion is minimum. 11. Whether area is significant from - wildlife point of view 12. Details of wildlife present in and around the forest land proposed for Wild boar, Hare, Python and Peafowl. ' diversion: 13. Whether forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the No. area and comments of the Chief Wildlife Warden 14. Whether any RET species of flora and fauna are found in the area. If so No. details thereof 15. Approximate distance of the proposed site for diversion from 0 boundary of forest. 16. Whether the forest land proposed for diversion is located within eco- sensitive zone (ESZ) of the Protected Area notified under Wild (Protection) Act, 1972 (Note: In No. case, ESZ of a Protected Area is not notified, then, 10 kms distance from boundary of the Protected Area should be treated as ESZ): 17. Whether any national park, wildlife sanctuary, biosphere reserve, Tiger reserve, elephant corridor, wildlife migration corridor etc., is located No. within 1 Km from boundary of the forest land proposed for diversion: 18. Whether any protected archaeological/ heritage site/defence establishment or any other important No. monuments is located in the area. 19. Whether any work of in violation of the Forest (Conservation) Act, 1980 has been carried out (Yes/No). If yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. Nil. (a) Details of violation (s) (b) Period of Work done (year) (c) Area of forest land involved in violation (in ha.) (d) Whether work in violation is still in progress (Yes / No) 20. Whether the requirement of forest land as proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum for the project, if no Yes. recommended area item-wise with details of alternatives examined. 21. Whether clearance under the Not given. Environment (protection) Act, 1986 is required? 22. Status of Wildlife Clearance. It is reported by the User agency in online application of Part- I under Colum I (i), the Wildlife Clearance has not been required in this project.

However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 23. Compensatory Afforestation (i) Details of non-forest It is reported that equivalent land has been identified in Guntur area/degraded forest area Forest Division for compensatory afforestation and Divisional identified for CA, its distance Forest Officer, Guntur has been certified the area for plantation from adjoining forest, number of copy of the same is placed in the file at (Pg. 91-94/c). patches, sixe of each patches. (ii) Map showing non- Copy of the same may kindly be seen at page 41/c. forest/degraded forest area identified for CA and adjoining forest boundaries. (iii) Detailed CA scheme including species to be planted, Page 91-94/c. implementing agency, time schedule, cost structure, etc. (iv) Total financial outlay for CA Rs. 3317.319/- Lakhs (Pg. 6/c) (v) Total cost of NPV Rs. 1904.643/- Lakhs (Pg. 97/c) (vi)Certificate from the competent Land suitability certificate is given by the Divisional Forest authority regarding suitability of Officer, Guntur copy of the same may kindly be seen at page the area identified for CA and no-91/c. from management point of view. 24. Catchment Area Treatment Not applicable. 25. Rehabilitation of Oustees No displacement involves. 26. R & R plan Not applicable. 27. Compliance of Scheduled Tribe and The District Collector, Guntur Government of Andhra Pradesh other Traditional Forest Dwellers has issued FRA certificate letter No. 3281/2015-E5 dated (Recognition of Forest Rights) Act, 23.4.2016 (Pg. 27/c) for diversion of 434.85 (part of 873.81 2006. ha.) hectares of forest land for development of Integrated Institutional Complex under Capital City Infrastructure Development Projects in Kondaveedu Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may kindly be seen at Pg. 27-37/c. 28. Site Inspection Report of the The Site Inspection Report carried out by the Divisional Forest Divisional Forest Officer; Officer, Guntur, Andhra Pradesh, copy of the same may kindly be seen at (Pg. 84-86/c).

29. Cost Benefit Ratio The Cost benefit analysis report has not been given. 30. Total Cost of the Project Rs. 117692/- (Lakhs) (Pg. 12/c) 31. Employment Potential Permanent — 12000 Temporary- 150000 32. Recommendation i. DFO Recommended Pg. 104/c ii. CCF Recommended Pg. 105c iii. Nodal Officer Recommended Pg. 108/c iv SG Recommended Pg. 109/c 33. District Profile, Guntur (i) Total Geographical area of the 11,39,100 ha. (or) 11,391.88 Square kilometer district

166143 ha. (or) 1661.43 Square kilometer (ii) Total Forest area/Divisional Forest area 1137.605 ha of forest land has been diverted in (29) cases in (iii) Total area diverted Guntur division, Guntur District. since 1980

(iv) Total CA stipulated since 1980 (Forest land) 591.945 ha. (a) Forest Land 68.382 ha. (b) Non-forest land i. Progress of Compensatory afforestation as on 22.04.2016 (a) Forest land 591.945 ha. (b) Non Forest Land 68.382 ha.

4. At point 4 of Chapter 2 of the Handbook of Guidelines, it is clearly mentioned that:- (F/Y)

Diversion for non-site specific projects:- A large number of proposals for diversion of forest land for non-site specific projects like industries, construction of residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons, etc. are received by the Central Government. Attention is drawn to items 1 (iv) and 8 of the Form "A" in which the proposal is to be submitted by the State Government. In these columns, justification for locating the project in the forest area giving details of the alternatives examined and reasons for their rejection has to be furnished. Normally, there should not be any justification for locating non site-specific projects on forest land. Therefore, the State Government should scrutinize the alternatives in more details and must give complete justification establishing its in-escapability for locating the project in forest area". The motive of the above referred guideline is that the forest is a natural resource and a complete ecosystem in itself and once ecosystem is disturbed and forest land is diverted, the same cannot be restored to its original glory. Therefore the forest land shall be diverted only for those activities which are site-specific whose value is more than the ecosystem services of forest ecosystem and cannot be done elsewhere in the interest of development needs of the society. The development of Industrial corridor on forest land is certainly non site specific and can be developed on non-forest land. 5. The proposal has also been examined on DSS in FC Division. Report of the same may kindly be seen at F/X.

6. The forest land proposed to be diverted has been inspected by Shri D. Sathiyan, Chief Conservator of Forests (Central), Regional office (South Eastern Zone), Chennai. Additional information furnished in the inspection report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter No. 4-APA067/2018- ❑ CHN/1681 dated 22 d October, 2018 (Pg. 111-121/c) are as below:

7. SITE INSPECTION REPORT (SIR) ON THE PROPOSED DIVERSION OF FOREST LANDS IN RESPECT OF 8 (EIGHT) PROPOSALS SUBMITTED BY THE 'ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY' (APCRDA), VIJAYWADA, ANDHRA PRADESH UNDER THE 'CAPITAL CITY INFRASTRUCTURE PROJECTS' IN A.P. CAPITAL REGION.

8. Background:

8.1 The 'Andhra Pradesh Capital Region Development Authority Act 2014' (APCRDA Act) has come into force with effect from the 30th day of December 2014. This is an act to provide for the declaration of the new capital area for the State of Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purposes of planning, co-ordination, execution, supervision, financing, funding, promoting and securing the planned development of the capital region development area, undertaking construction of the new capital region, undertaking construction of the new capital for the State of Andhra Pradesh, managing and supervising urban services in the new capital area and for matters ancillary thereto. As per the APCRDA Act, the Capital Region was notified with an area of 8603 sq.kms. (which includes Reserve Forest area of 407.96 sq. kms. falling in Krishna and Guntur Districts of Andhra Pradesh.

8.2 Section 94 (4) of the Andhra Pradesh Re-organisation Act 2014 provides that "The Central Government shall facilitate creation of a new capital for the successor State of Andhra Pradesh, if considered necessary, by de-not0;ing degraded forest land". However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.Il /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 8.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In-principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 8.4 Meanwhile, the Hon'ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: `the Capital city has 251 acres of forest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 8.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports. Accordingly, as per the direction of the APCCF(C), the above mentioned project sites were inspected by CF(Central), RO Chennai along with the State Forest Department Officials and representatives from the User Agency during the period 17.09.2018 to 19.09.2018. Before proceeding for field inspection, the User Agency has made a detailed power point presentation on all the proposals. As per the proposal, the APCRDA seeks diversion of 434.85 Ha forest land for the establishment of Integrated Institutional Complex under 'Capital City Infrastructure projects'. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is a part of a continuous stretch of hillocks, generally with steep slopes and huge rocks and as reported has a maximum contour level difference of 320 m. The area has Dry Thorny Scrub Forests with a canopy density of 0.2. Tree species like Morinda citirifolia, Gymnosporia montana, Acacia latronum, Zizyphus sps, Dodonaea viscosa, Manilkara hexandra, Azadirachta indica, Albizzia amara, Carissa spinarum, Gyrocarpus jacquini and Grewia rotundifolia are recorded in and around Kondaveedu. Wild boar, Hare, Python and Peafowl are reported to be present in the area. As reported by the DFO. Guntur Division, the area is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that area falls within the re-notified boundaries of the 'Capital Region'. The proposed forest land for diversion is contiguous to the of 250.08 ha forest area proposed for diversion in Kondaveedu Forest Block for the development of Forest Academy, IIF&CC, Head Quarters of APFD, APFDC, APPCB, NGC etc.

Table: The Area statement as reported in the proposal area is as follows:

S.No Land use Area in Ha 1 Academic Zone 27.540 2 Convention and Training Centers 97.940 3 Skill Development & Training center 144.440 4 Central Utilities 19.510 5 Central Park 28.810 6 Water Bodies 09.359 7 Roads 20.590 8 Common Green & Open Spaces 65.875 9 Utilities 21.550

Note: It is reported in the proposal that an area of 144.34 ha, which is 50% of the area proposed for activities mentioned in Sl No 1 to 4 above, will be retained as open spaces in addition to the 65.875 ha of area proposed for common open spaces & green areas.

9. Concept plan furnished in the proposal:

10. Observation in the proposal documents: 10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 10.2 It is seen that another proposal for diversion of 250.08 ha of forest land in kondaveedu Forest Block (Bit I A) has been submitted by the same User Agency where the forest land proposed for diversion is contiguous to the one covered under the present proposal. 10.3 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 27.54 ha area is proposed for 'Academic Zone' but no further details of sub-components have been provided, including corresponding open spaces. 10.4 As per the layout plan, huge areas have been earmarked for 'Residential Apartments', 'Residential Zoning' and 'Retail Shopping Malls', diversion of forest lands for such purposes is specifically discouraged. More ever, these details are not reflected in the break-up of area required as given in the table form in the proposal. The User Agency may be asked to clarify on the above. 10.5 In the proposal, an area of 19.51ha has been proposed for 'Central Utilities' and another 21.55 ha has been proposed for `Utilities'; However, both the terms are not explained in the proposal and no C__51- -5Th

differentiation has been made out. Hence, further details and actual requirement for 'utilities' need to be ascertained from the User Agency; 10.6 During discussions with the User Agency, it emerged that the land use planning process for the area has not been finalised yet and the sub component wise details, etc will be worked out only in future, which means the requirements indicated in the current proposal are subject to change. In short, the land use planning for the area sought to be diverted has not been frozen yet.

11 Observation made during site visit: 11.1 The forest area of 434.85 ha proposed for diversion consists of hillocks with rocky boulders, valleys and undulated patches interspersed with streams and has sparsely distributed scrubs with a canopy density of 0.2. As observed in the field, the Kondaveedu Forest Block contains a series of hillocks lying in a North easterly direction and parallel to the nearby major Road (Guntur-Narasarapet). These hillocks generally have steep slopes with huge rocky portions. The area proposed for diversion (Bit 1B) covers a part of these hillocks including the rocky portions, facing the said road while on the other side we have the remaining RF portion. The proposed diversion area has a maximum elevation of around 584 ft MSL as per google earth. Adjacent to the RF, plain revenue lands are available. 11.2 The proposed site consists of rocky hillocks, valleys and few small streams. The site has 2 rocky hillocks enclaved in it besides the rocky portions located in other parts. As per the layout plan furnished by the user agency, the 'academic zone' is proposed adjoining the proposed area for 'Forest academy' which is part of another proposal. As per the layout, areas earmarked for establishment of infrastructures for the 'Convention and Training Centers', 'Common Facilities& Services' and 'Academic Zone' are falling on rocky hillock areas which would require hill cutting to construct the proposed infrastructures. However the proposal is silent on the requirement of cutting the hill. The User Agency has not provided any information on the actual area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

12 Suggestions/Recommendations: 12.1 The proposal is non-site specific and in its present form involves construction of some of the proposed infrastructures including roads on the hill slopes, which is expected to require hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the GoI is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 12.2 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by leaving out the rocky areas requiring hill cutting and also the areas proposed for residential accommodations, hostels and commercial buildings. The infrastructures for residential, commercial buildings, hostels, dormitories, etc, if any, shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 12.2.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component. 12.2.2 For each of the thematic zones (like academic zone, etc) proposed, further breakup of the forest land required, sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State

C Government, unless the requirement is relaxed by the competent authority. Besides, clarification as mentioned in Para 3.5 above and further details on 'utilities' may be obtained from the UA. 12.2.3 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. 12.3 In the event of the project being given approval by the GoI, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed at the project cost, wherever required, to prevent encroachment; c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The User Agency shall not alter the natural course of streams in the proposed area and shall undertake to strengthen its banks both structurally and by planting trees.

13. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 14. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

Sl.No District Village Survey No Area in Remarks ha 7. Joukulpalli 260 1007.74 To be inspected 8. Atloor 426, 754, 420, 58 1595.23 To be inspected 9. Kadapa Kotapadu 613 186 To be inspected 10. Kudumaluru 401 211 To be inspected

11. Prakasam Magatur 118 470.04 Inspected 12. Pothalpadu 1 50.57 inspected Total 3520.58

15. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

16. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city: 118.30 ha for `Eco-tourism Village' and another 227.92 ha for `Biodiversity Park'.

17. In view of the above facts related to the proposal, it is proposed that proposal may be placed before FAC for its

Consideration in its forthcoming meeting scheduled to be held on 15.11.2018. ****

Agenda No. 3

File No. 8-25/2018-FC

Sub: Proposal for diversion of 123.82 hectares of forest land, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA )for setting up of Science City under Capital City Infrastructure Development Projects in Mothadaka Forest Block, Guntur Division & District of Andhra Pradesh (Online Proposal No. FP/Ap/Others/30247/2017).— regarding.

1. The State Government of Andhra Pradesh vide their letter No. 63/Section-II/2018 dated 11.01.2018 (Pg. 1-137/c) 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 123.82 hectares of forest land for setting up of Science City under Capital City Infrastructure Development Projects in Mothadaka Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA).

2. The facts related to the proposal as contained in the proposal submitted by the State Government and in the site inspection report submitted by the Regional Office (SEZ) Chennai are given below in the form of fact sheet: 1. Name of the Proposal Proposal for diversion of 123.82 hectares of forest land for setting up of Science City under Capital City Infrastructure Development Projects in Mothadaka Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). 2. Name and nature of the user agency Andhra Pradesh Capital Region Development Authority (APCRDA). 3. Nature of the user agency A State Government undertaking. 4. Category Others. 5. Period of time 99 years. 6. Location (i) State Andhra Pradesh. (ii) District Guntur. (iii) Compartment No. Motadaka. 7. Particulars of Forests: (i) Name of Forest Division and Guntur forest Division=123.82 ha. Forest area involved. (ii) Legal status/Sy. No Notified as Reserve Forest under Section 16 of Madras Forest Act (Act-V of 1882) vide notification No. 203 dated (iii) Maps 23.04.1894. i. SOI — Pg. 20/c. ii. DGPS Map proposed for CA — Pg. 34/c. iii. 10 km radius map —Not submitted. iv. CA area maps — Pg. 34/c. v. Layout map — Not submitted. 8. Topography of the area - (i) Geology Not reported. (ii) Vulnerability to erosion No. (i) Vegetation & Density 0.2 to 0.4 Eco —Class IV (ii) No. of trees to be felled The Abstract of the enumeration of trees FRL wise to be felled in the proposed area is placed in the file at (Pg. 74- 76/c). 9. Working plan prescription for the As per working plan prescription the RF is included in forest land proposed for diversion: Degraded Forest improvement working circle. 10. Brief note on vulnerability of forest Area is not vulnerable to erosion in view of existing area to erosion: vegetation cover. The vulnerability for erosion is minimum. 11. Whether area is significant from - wildlife point of view 12. Details of wildlife present in and around the forest land proposed for Wild boar. diversion: 13. Whether forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the No. area and comments of the Chief Wildlife Warden 14. Whether any RET species of flora and fauna are found in the area. If so No. details thereof 15. Approximate distance of the proposed site for diversion from 0 boundary of forest. 16. Whether the forest land proposed for diversion is located within eco- sens itive zone (ESZ) of the Protected Area notified under Wild (Protection) Act, 1972 (Note: In No. case, ESZ of a Protected Area is not notified, then, 10 kms distance from . boundary of the Protected Area should be treated as ES7): 17. Whether any national park, wildlife sanctuary, biosphere reserve, Tiger reserve, elephant corridor, wildlife migration corridor etc., is located No. within 1 Km from boundary of the forest land proposed for diversion: 18. Whether any protected archaeological/ heritage site/defence establishment or any No. other important monuments is located in the area. 19. Whether any work of in violation of the Forest (Conservation) Act, 1980 has been carried out (Yes/No). If yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. Nil. (a) Details of violation (s) (b) Period of Work done (year) (c) Area of forest land involved in violation (in ha.) (d) Whether work in violation is still in progress (Yes / No) 20. Whether the requirement of forest land as proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum for the project, if Yes. no recommended area item-wise with details of alternatives examined. 21. Whether clearance under the Not given. Environment (protection) Act, 1986 is required? 22. Status of Wildlife Clearance. It is reported by the User agency in online application of Part- I under Colum I (i), the Wildlife Clearance has not been required in this project.

However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 23. Compensatory Afforestation (i) Details of non-forest It is reported that equivalent land has been identified in area/degraded forest area Guntur Forest Division, Mothadaka Block for compensatory identified for CA, its distance afforestation and Divisional Forest Officer, Guntur has been from adjoining forest, number certified the area for plantation copy of the same is placed in of patches, sixe of each patches. the file at (Pg. 84-121/c). (ii) Map showing non- forest/degraded forest area identified for CA and adjoining Copy of the same may kindly be seen at page 34/c. forest boundaries. (iii) Detailed CA scheme including species to be planted, implementing agency, time Page 84-121/c. schedule, cost structure, etc. (iv) Total financial outlay for CA Rs. 555.00/- Lakhs (Pg. 6/c) (v) Total cost of NPV Rs. 542.332/- Lakhs (Pg. 124/c) (vi)Certificate from the competent Land suitability certificate is given by the Divisional Forest authority regarding suitability of Officer, Guntur copy of the same may kindly be seen at page the area identified for CA and no-83/c. from management point of view. 24. Catchment Area Treatment Not applicable. 25. Rehabilitation of Oustees No displacement involves. 26. R & R plan Not applicable. 27. Compliance of Scheduled Tribe and other Traditional Forest Dwellers The District Collector, Guntur Government of Andhra (Recognition of Forest Rights) Act, Pradesh has issued FRA certificate letter No. 3281/2015-E5 2006. dated 23.4.2016 (Pg. 26/c) for diversion of 123.82 hectares of forest land for setting up of Science City under Capital City Infrastructure Development Projects in Mothadaka Forest Block, Guntur Division & District of Andhra Pradesh, in favour of Andhra Pradesh Capital Region Development Authority (APCRDA). Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may kindly be seen at Pg. 26-29/c. 28. Site Inspection Report of the The Site Inspection Report carried out by the Divisional Divisional Forest Officer; Forest Officer, Guntur, Andhra Pradesh, copy of the same may kindly be seen at (Pg. 77-79/c).

29. Cost Benefit Ratio The Cost benefit analysis report has not been given. 30. Total Cost of the Project Rs. 24533/- (Lakhs) (Pg. 11/c) 31. Employment Potential Permanent —8000 Temporary- 100000

32. Recommendation ii. DFO Recommended Pg. 129/c ii. CCF Recommended Pg. 132-134/c iii. Nodal Officer Recommended Pg. 135/c iv SG Recommended Pg. 136/c 33. District Profile, Guntur (i) Total Geographical area of the 11,39,100 ha. (or) 11,391.88 Square kilometer district

(ii) Total Forest area/Divisional 166143 ha. (or) 1661.43 Square kilometer Forest area

(iii) Total area diverted 1137.605 ha of forest land has been diverted in (29) cases in since 1980 Guntur division, Guntur District.

(iv) Total CA stipulated since 1980 (Forest land)

(a) Forest Land 591.945 ha. (b) Non-forest land 68.382 ha. i. Progress of Compensatory afforestation as on 22.04.2016 (a) Forest land 591.945 ha. (b) Non Forest Land 68.382 ha.

Table: The Area statement as reported in the proposal is as follows:

S.No Land use Area in Ha 01 Climate Change Theater 6.60 02 Dinosaurs Park 10.95 03 Earth Exploration Hall 9.27 04 Energy park 6.11 05 Fun science 6.72 06 Laser Theatre 8.43 07 Maritime Center 0.95 08 Science of Sports 5.79 09 Space Theater and Digital Planetarium 6.88 10 Virtual reality 10.51 11 Water Pool 1.47 12 Administration 0.85 13 Roads 29.93 14 Common open spaces & Green Areas 16.44 15 Utilities 2.91 -- ,..- -- -•.',..- to I -7. - z —,-.--.5.-- -. .7, 1.821

Note: It is reported in the proposal that an area of 41 ha, which is 55% of the area proposed for activities mentioned in Si No 1 to 12 above, will be retained as open spaces in addition to the 16.44 ha of area proposed for common open spaces & green areas. 7. Concept plan furnished in the proposal:

Proposed Activities

cii7cts :hmq-lavr

Pnr,r1=.

Common Fgcibties &Service

Dpan Space & Green left

8. Observations on the proposal documents:

8.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 8.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 10.51 ha area is proposed for 'virtual Reality' but no further details on sub-components have been provided. 8.3 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed/frozen yet and the sub component wise details, etc will be finalised only in future, which means the requirements indicated in the current proposal may change.

9 Observations made during site visit: 9.1 The forest area of 123.82 ha proposed for diversion in Mothadaka RF under Guntur Range and Guntur Division, is a hillock of huge rocks and has sparsely distributed scrubs with a canopy density of 0.1- 0.2. The hillock has medium slopes with rocky portions. The area proposed for diversion is easily accessible by road and it is surrounded by revenue/agricultural lands and human habitations. Mothadaka RF is one of the series of hillocks that lie in 'south to North' direction in this area. It has Nidumukkala RF on its south and Karlapudi RF on its north, both of them have been proposed for diversion separately. The proposed diversion area has a maximum elevation of around 734 ft MSL, as per google earth. 9.2 As per the layout plan furnished by the user agency, a main road is proposed at the middle of the longitudinal axis of the hillock through its top, besides a network of roads. It appears that some project components including roads have been proposed without considering the relief/slope of the hillock. The User Agency may need to clarify on this. 9.3 As per the layout, most of the project components including roads are falling on rocky areas which would require huge hill cutting. The User Agency has not provided any information on the actual

area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

10 Suggestions/Recommendations: 10.1 The proposal is non-site specific and involves construction of lot of infrastructures including a network of roads on a hillock, which is expected to require huge hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the GoI is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 10.2 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum the User Agency may be directed to rationalize the actual area required by leaving out the rocky areas requiring huge hill cutting and also the areas proposed for residential accommodations, hostels and commercial buildings. The infrastructures for residential, commercial buildings, hostels, dormitories, etc, if any, shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 10.2.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component. 10.2.2 For each of the thematic zones proposed, the final certified land use indicating further breakup of the forest land required, sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 10.2.3 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may be considered thereafter by the FAC for appropriate decision. 10.3 In the event of the project being given approval by the Gol, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed at the project cost to prevent encroachment; c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The User Agency shall not alter the natural course of streams in the proposed area and shall undertake to strengthen its banks both structurally and by planting trees. f. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 11. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

Sl.No District Village Survey No Area in ha Remarks 1. Joukulpalli 260 1007.74 To be inspected 2. Atloor 426, 754, 420, 58 1595.23 To be inspected Kadapa 3. Kotapadu 613 186 To be inspected 4. Kudumaluru 401 211 To be inspected

5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows:

12. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

12.1. Google image &Photograph of the 50.57 ha non-forest area:

0?) 13. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

13.1. Google Image &Photograph of the 470.04 ha non-forest area:

14. In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 15th November, 2018 for their examination and appropriate recommendation. ****

Agenda No. 4

File No. 8-26/2018-FC

Sub: Proposal for diversion of 118.30 hectares of forest land for establishment of Eco-Tourism Village under Capital City Infrastructure Development Project in Pedamaddur Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA.— regarding. 1. The State Government of Andhra Pradesh vide their letter No. 67/Section-I1/2018 dated 11.01.2018 (Pg. 1-137/c) 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 118.30 hectares of forest land for establishment of Eco-Tourism Village under Capital City Infrastructure Development Project in Pedamaddur Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA.

FACT SHEET

1. Name of the Proposal Proposal for diversion of 118.30 hectares of forest land for establishment of Eco-Tourism Village under Capital City Infrastructure Development Project in Pedamaddur Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA. 2. Name and nature of the user agency Andhra Pradesh Capital Region Development Authority (APCRDA). 3. Nature of the user agency A State Government undertaking. 4. Category Others. 5. Period of time 99 years. 6. Location (i) State Andhra Pradesh. (ii) District Guntur. (iii) Compartment No. Pedamadduru. 7. Particulars of Forests: (iv) Name of Forest Division and Guntur forest Division=l 18.30 ha. Forest area involved. (v) Legal status/Sy. No Notified as Reserve Forest under Section 16 of Madras Forest Act (Act-V of 1882) vide notification No. 424 dated 18.08.1894. (vi) Maps i. S01— P.. 20/c. ii. DGPS Map — Not given. iii. 10 km radius map —Not submitted. • iv. CA area maps — Not submitted. v. Layout map — Not submitted. 8. Topography of the area - (i) Geology Not reported. (ii) Vulnerability to erosion Minimum. (i) Vegetation & Density 0.2 to 0.4 Eco —Class IV

(iii) No. of trees to be felled The Abstract of the enumeration of trees FRL wise to be felled in the proposed area is placed in the file at (Pg. 74- 76/c). 9. Working plan prescription for the As per working plan prescription the RF is included in forest land proposed for diversion: Degraded Forest improvement working circle.

10. Brief note on vulnerability of forest Area is not vulnerable to erosion in view of existing area to erosion: vegetation cover. The vulnerability for erosion is minimum. 11. Whether area is significant from - wildlife point of view 12. Details of wildlife present in and around the forest land proposed for Wild boar. diversion: 13. Whether forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the area No. and comments of the Chief Wildlife Warden 14. Whether any RET species of flora and fauna are found in the area. If so No. details thereof 15. Approximate distance of the proposed site for diversion from boundary of 0 forest. 16. Whether the forest land proposed for diversion is located within eco- sensitive zone (ESZ) of the Protected Area notified under Wild (Protection) Act, 1972 (Note: In case, ESZ of a No. Protected Area is not notified, then, 10 kms distance from boundary of the Protected Area should be treated as ESZ): 17. Whether any national park, wildlife sanctuary, biosphere reserve, Tiger reserve, elephant corridor, wildlife migration corridor etc., is located No. within 1 Km from boundary of the forest land proposed for diversion: 18. Whether any protected archaeological/ heritage site/defence establishment or any other important No. monuments is located in the area. 19. Whether any work of in violation of the Forest (Conservation) Act, 1980 has been carried out (Yes/No). If yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. Nil. (a) Details of violation (s) (b) Period of Work done (year) (c) Area of forest land involved in violation (in ha.) (d) Whether work in violation is still in progress (Yes / No) 20. Whether the requirement of forest land as proposed by the user agency in col. 2 of Part-1 is unavoidable and barest minimum for the project, if no Yes. recommended area item-wise with details of alternatives examined. 21. Whether clearance under the Not given. Environment (protection) Act, 1986 is required? 22. Status of Wildlife Clearance. It is reported by the User agency in online application of Part- I under Colum I (i), the Wildlife Clearance has not been required in this project.

However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-11 approval. 23. Compensatory Afforestation (i) Details of non-forest It is reported that equivalent land has been identified in area/degraded forest area Guntur Forest Division for compensatory afforestation and identified for CA, its distance Divisional Forest Officer, Guntur has been certified the area from adjoining forest, number of for plantation copy of the same is placed in the file at (Pg. 84- patches, sixe of each patches. 121/c). (ii) Map showing non-forest/degraded forest area identified for CA and adjoining forest boundaries. Not Submitted.

(iii) Detailed CA scheme including species to be planted, implementing agency, time Page 93-104/c. schedule, cost structure, etc. (iv) Total financial outlay for CA Rs. 545.00/- Lakhs (Pg. 6/c) (v) Total cost of NPV Rs. 518.154/- Lakhs (Pg. 124/c) (vi)Certificate from the competent Land suitability certificate is given by the Divisional Forest authority regarding suitability of Officer, Guntur copy of the same may kindly be seen at page the area identified for CA and no-92/c. from management point of view. 24. Catchment Area Treatment Not applicable. 25. Rehabilitation of Oustees No displacement involves. 26. R & R plan Not applicable. 27. Compliance of Scheduled Tribe and The District Collector, Guntur Government of Andhra other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Pradesh has issued FRA certificate letter No. 3281/2015-E5 2006. dated 23.4.2016 (Pg. 26/c) for diversion of 118.30 hectares of forest land for establishment of Eco-Tourism Village under Capital City Infrastructure Development Project in Pedamaddur Forest Block, Guntur Division & District of Andhra Pradesh, in favour of APCRDA. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 may kindly be seen at Pg. 26-29/c. 28. Site Inspection Report of the The Site Inspection Report carried out by the Divisional Divisional Forest Officer; Forest Officer, Guntur, Andhra Pradesh, copy of the -ame may kindly be seen at (Pg. 77-79/c). 29. Cost Benefit Ratio The Cost benefit analysis report has not been given. 30. Total Cost of the Project Rs. 19911A4/- (Lakhs) (Pg. 11/c) 31. Employment Potential Permanent — 10000 Temporary- 100000 32. Recommendation DFO Recommended Pg. 129/c ii. CCF Recommended Pg. 132/c iii. Nodal Officer Recommended Pg. 135/c iv SG Recommended Pg. 136/c 33. District Profile, Guntur (i) Total Geographical area of the 11,39,100 ha. (or) 11,391.88 Square kilometer district

(ii) Total Forest area/Divisional 166143 ha. (or) 1661.43 Square kilometer Forest area

(iii) Total area diverted 1137.605 ha of forest land has been diverted in (28) cases in since 1980 Guntur division, Guntur District.

(iv) Total CA stipulated since 1980 (Forest land)

(a) Forest Land 591.945 ha. (b) Non-forest land 68.382 ha. ii. Progress of Compensatory afforestation as on 22.04.2016 (a) Forest land 591.945 ha. (b) Non Forest Land 68.382 ha.

GN)

7. Basic details of the proposal

As per the proposal, the APCRDA seeks diversion of 118.30 ha forest land for the establishment of an 'Eco-tourism Village' under 'Capital City Infrastructure projects. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is a hillock with steep slopes. It has an elevation of 145 m and a maximum recoded contour level difference of around 120 m. The area has Dry Deciduous Scrub Forests of canopy density of 0.1-0.2. Tree species like Albizzia amara, Azadirachta indica, Grevia rotandifolia, Carissa spinarum, Gymnosporia Montana, Acacia latronum, Dodonaea viscosa, Gyrocarpus jacquini, Prosophis julijlora, Euphorbia sps are recorded in the area. Wild boars are reported to be present in the proposed area. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal is as follows:

S.No Lan cluse Area in Ha

01 Admin & Reception 1.95 02 Convention Center 4.36 03 Entrance Plaza and Parking 0.76 04 Fun zone & Rides 19.47 05 Handicrafts and Souvenir Shop 9.62 06 Premium Cottages 5.43 07 Staff Quarters 3.55 08 Standard Cottages 19.05 09 Roads 27.69 10 Common Green & Open Spaces 19.26 11 Utilities 7.15 —ET- -.L.1...1

Note: It is reported in the proposal that an area of 35.31ha, which is 55% of the area proposed for activities mentioned in S1 No 1 to 8 above, will be retained as open spaces in addition to the 19.26 ha of area proposed for common open spaces & green areas.

8. Concept plan furnished in the proposal:

Proposed Activities

Admin & Reception

Convention Center

Entrance Plaza and Parking

Fun zone & Rides

Handicrafts and Souvenir St

Premium Cottages

Staff Quarters

Standard Cottages

Way Side amenities

Roads

Common Facilities & Services

Open Space & Green Belt

9. Observations on the proposal documents: 9.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives.

9.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 19.47 ha area is proposed for 'Fun zones & Rides' but no further details of sub-components have been provided. 9.3 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed yet and the sub component wise details, etc will be worked out only in future, which means the requirements indicated in the current proposal may undergo change. It is also learnt from the AP Forest Department officials that the Department has recently requested the State Government to revise the requirement of forest land for the said 'Forest Academy' from 39.31 ha to 100 ha on which the decision of the State Government is awaited. In short, the land use planning for the area sought to be diverted has not been frozen yet. 9.4 As per the layout plan, 5.43 ha has been earmarked for 'Premium Cottages', 9.62 ha for 'Handicraft & Souvenir Shop', 3.55 ha for 'Staff Quarters' and 19.05 ha for 'Standard Cottages' though diversion of forest lands for such purposes is specifically discouraged by the Ministry.

10 Observations made during site visit: 10.1 The forest area of 118.30 ha proposed for diversion, falling in Compartment No. 122 in Pedamadduru RF, Guntur Range and Guntur Division, is a hillock which has huge sheet rocks and boulders, a small valley and undulated patches and has sparsely distributed scrubs with a canopy density of 0.1- 0.2. The hillock has steep slopes and huge rocky portions. The area proposed for diversion is easily accessible by road. Pedamaddur RF is the northernmost of the series of hillocks that lie in a 'south to North' direction and located nearer to the Capital City area. It is surrounded on 3 sides by revenue/agricultural lands and a valley on its southern end between another hillock. The proposed diversion area has a maximum elevation of around 510 ft MSL, as per google earth. 10.2 As per the layout plan furnished by the user agency, a road is proposed around the hillock to reach the top. The road network covers about 25% of the area proposed for diversion. As mentioned in Para 3.4, an area of 36.65 ha has been proposed to accommodate residential and commercial buildings. 10.3 As per the layout, most of the infrastructures earmarked are falling on rocky areas which would require huge hill cutting, besides the construction of roads. The User Agency has not provided any information on the actual area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

11 Suggestions/Recommendations: 11.1 The proposal is non-site specific and in its present form involves construction of some of the proposed infrastructures including roads on the hill slopes, which is expected to require hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the Gol is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 11.2 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by leaving out the areas involving huge hill and the areas proposed for residential accommodations and commercial buildings and also to reduce the area under roads. Roads on the Rocky slopes to reach the top may be avoided by opting for a cable car system. Only temporary/ semi-permanent eco-friendly constructions shall be resorted to under the project. The infrastructures for residential, commercial buildings, hostels, dormitories, etc, if any, shall be shifted to outside the forest area and the layout plan needs to be changed accordingly.

11.2.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component 11.2.2 For each of the activity proposed, breakup of the forest land sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 11.2.3 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. 11.3 Since the proposal is for establishment of infrastructure for the Eco-Tourism Village, preferably, the User Agency may be directed to execute the project and to manage it subsequently, through the Forest Department of Andhra Pradesh. Under the Forest Department, the area may be managed as a Community Based Eco-Tourism Programme with the involvement of the local community, adhering to the guidelines issued by the GoI on eco-tourism in full. 11.4 In the event of the project being given approval by the GoI, the following conditions may be stipulated, if deemed fit; a. The User Agency shall ensure that the Guidelines issued by the GoI on eco-tourism are adhered to in full and no activity in violation of the provisions of the FC Act/Rules/Guidelines takes place therein. Only temporary/ semi-permanent eco-friendly constructions shall be resorted to under the project. b. The User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; c. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. d. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. e. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc 12 SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA) i. In lieu of the 3306.55 ha of forest lands proposed for diversion under the 8 proposals submitted by the APCRDA, Compensatory Afforestation over a non-forest area of 3520.58 ha (in 6 patches in 2 districts) has been proposed. The details are as follows:

SI.No District Village Survey No Area in ha Remarks 1. Joukulpalli 260 1007.74 To be inspected 2. Atloor 426, 754, 420, 58 1595.23 To be inspected Kadapa 3. Kotapadu 613 186 To be inspected 4. Kudumaluru 401 211 To be inspected 5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

Out of the above, the undersigned has visited random points on the following 2 identified CA sites along with the State Forest Department Officials and representatives from the User Agency on 19.09.2018. The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows: 13 Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

13.1. Google image &Photograph of the 50.57 ha non-forest area:

14 Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city; 118.30 ha for 'Eco-tourism Village' and another 227.92 ha for 'Biodiversity Park'. On account of the site's advantage of being adjacent to the RF as well as a Protected Area, this non-forest area is recommended for undertaking compensatory afforestation, subject to the following conditions;

14.1. Google Image &Photograph of the 470.04 ha non-forest area:

15 In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 15th November, 2018 for their examination and appropriate recommendation.

Agenda No. 5

F.No. 8-27/2018-FC Sub: Proposal for diversion of 250.08 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment Forest Academy, IIF&CC, APFD, APFDC, APPCB and NGC under Capital City Infrastructure Development Projects in Kondaveedu Block, Guntur Division and District Andhra Pradesh (Online Proposal No. FP/AP/Others/30168/2017) Reg.

1. The Principal Secretary, Government of Andhra Pradesh, Department of Environment, Forest and Technology was submitted a fresh proposal vide their letter No. 62/Section-II/2018 dated 11.01.2018 which was received in this office on 02.03.2018 for obtaining prior approval of the Central Govt. under section-2 of the Forest (Conservation) Act, 1980 for diversion of 250.08 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment Forest Academy, IIF&CC, APFD, APFDC, APPCB and NGC under Capital City Infrastructure Development Projects in Kondaveedu Black, Guntur Division and District Andhra Pradesh.

2. The facts related to the proposal as given below-:

FACT SHEET

1. Name of the Proposal Diversion of 250.08 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment Forest Academy, IIF&CC, APFD, APFDC, APPCB and NGC under Capital City Infrastructure Development Projects in Kondaveedu Block, Guntur Division and District Andhra Pradesh. 2. Location: (i) State Andhra Pradesh (ii) District Guntur (iii) Category Others (iv) Total period for which the forest land is 99 proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Andhra Pradesh Capital Region Development Authority (APCRDA). Nature of user agency State Government 4. Particular of Forests (i) Name of Forest Division Guntur (ii) Area of Forest land for Diversion 250.08 ha (iii) Legal Status of Forest land Reserved Forest (iv) Density of Vegetation Area = 250.08 ha Density = 0.2 Eco class = 4 (vi) Shape of the forest land proposed for Hybrid diversion 5. Maps i. Differential GPS map of the area At page no. 22/c proposed for diversion

ii. Differential GPS map of the area At page no. 61/c identified for raising CA

iii. Survey of India toposheet on 1:50,000 At page no. 21/c scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 At page no. 62/c scale showing the area identified for CA v. Land use plan At page no. 90/c vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise At page no. 103-104/c enumeration of trees.

ii. Density 0.2 iii. Number of trees to be felled 13,164 iv. Working plan prescription for the forest Degraded Forest improvement circle land proposed for diversion. 7. Vulnerability of area to soil erosion The vulnerability for erosion is minimum 8. Details of wildlife present in and around Wild boar, Hare, Python and Peafowl the forest land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest. 0 10. Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In No. case, ESZ of a protected area is not notified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of -No- the Chief Wildlife Warden to be annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the -No- area if so, details thereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with -No- NOC from competent authority, if required. 14. Whether the requirement of forest land as proposed by the User Agency in co1.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives -Yes- examined. 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of No work done, action taken on erring officials. Whether work in violation is still under progress. (i) Details of violation (S) Not applicable (ii) Period of work done (Year) Not applicable

sC2 iv. Total financial outlay for compensatory Rs. 1985.668 lakh Afforestation scheme. ' v. Total amount of NPV Rs. 1095.350 lakhs vi. Certificate from competent authority The Certificate from competent authority regarding regarding suitability of area identified for suitability of area identified for Compensatory compensatory Afforestation and from Afforestation has submitted and same is available at p- management point of view. To be signed 114/c. by the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of The District Collector, Guntur, Government of Andhra settlement of rights in accordance with Pradesh has issued a FRA certificate vide his letter No. the provisions of the Scheduled Tribes 3281/2015 dated 23.04.2016 (Pg. 27/c) for diversion of and Other Traditional Forest Dwellers 250.08 ha. of forest land in favour of Andhra Pradesh (Recognition of Forest Rights) Act, 2006 Capital Region Development Authority (APCRDA) for on the forest land proposed to be diverted establishment Forest Academy, IIF&CC, APFD, APFDC, enclosed. APPCB and NGC under Capital City Infrastructure Development Projects in Kondaveedu Block, Guntur Division and District Andhra Pradesh. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted (Pg. 28-58/c). 18. Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Divisional Officer Forest Officer, Guntur, Andhra Pradesh, copy of the same may kindly be seen at (Pg. 100-108/c). 19. Whether the project requires environment Not Given clearance. 20. Status of Wildlife Clearance. It is reported by the User agency in online application of Part-I under Colum I (i), the Wildlife Clearance has not been required in this project. However, The DFO, Guntur has also been reported in Part-Il the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 21. Catchment Area Treatment Plan Not applicable.

22. Total command area of the project Not applicable. 23. Rehabilitation of Oustee (i) Number of SC Families (ii) Number of ST families -No- (iii) Number of Backward Families (iv) Copies of R&R Plan 24. Cost Benefit Analysis Not given. 25. Total Cost of the project 77045.81 26. Employment Potential Regular Employment = 5000 Temporary Employment = 50000 27. Undertakings to bear the cost of CA, NPV At page No. 65-67/c and Addl. NPV. 28. Profile of the District / Department / Raisen District. (i) Geographical Area of the Dist. 11,39,100 Ha. (ii) Total Forest Area 1,66,143 Ha. (iii) Total area diverted since 1980 Area 1137.605 ha. Number of case - 29 (iv) Total area proposed for afforested since Degraded forest land 591.945 ha 1980 Non-forest land 68.382 ha (v) Total area afforested since 30.11.2017 Degraded forest land 591.945 ha Non-forest land 68.382 ha 29. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no.126/c ) CF Recommended. (at page no. 127/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 130/c ) State Govt. Recommended. (at page no. 131/c )

3. The Ministry has already granted the approval for diversion of 2087.09 ha ( Tadapalli: 251.77 ha as this area falls in the proposed capital city and Venkatayapalem RF 1835 ha. for establishment of Armed Forces Training Institute and facilities such as State Police, establishment, Greyhounds., Water Survival Training Facility, Military Station, Central Prison, Railway Academy, CRPF etc. for security reasons) of forest lands (Revised proposal was for 12444.89 ha.) in Krishna and Guntur Divisions & Districts of Andhra Pradesh for establishment of Andhra Pradesh Capital vide this Ministry's letter No. F. No. 8-24/2015-FC dated 20th September, 2017 (F/Z). 4. At point 4 of Chapter 2 of the Handbook of Guidelines, it is clearly mentioned that:- (F/X) Diversion for non-site specific projects:- A large number of proposals for diversion of forest land for non- site specific projects like industries, construction of residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons, etc. are received by the Central Government. Attention is drawn to items 1 (iv) and 8 of the Form "A" in which the proposal is to be submitted by the State Government. In these columns, justification for locating the project in the forest area giving details of the alternatives examined and reasons for their rejection has to be furnished. Normally, there should not be any justification for locating non site-specific projects on forest land. Therefore, the State Government should scrutinize the alternatives in more details and must give complete justification establishing its in-escapability for locating the project in forest area". The motive of the above referred guideline is that the forest is a natural resource and a complete ecosystem in itself and once ecosystem is disturbed and forest land is diverted, the same cannot be restored to its original glory. Therefore the forest land shall be diverted only for those activities which are site-specific whose value is more than the ecosystem services of forest ecosystem and cannot be done elsewhere in the interest of development needs of the society. The development of Industrial corridor on forest land is certainly non site specific and can be developed on non-forest land. 5. The proposal has also been examined on DSS in FC Division. Report of the same may kindly be seen at F/Y. 6. The forest land proposed to be diverted has been inspected by Shri D. Sathiyan, Chief Conservator of Forests (Central), Regional office (South Eastern Zone), Chennai. Additional information furnished in the inspection report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter No. 4- APA067/2018-CFN/1681 dated 22' October, 2018 (Pg. 133-148/c) are as below 7. Background: 7.1 The 'Andhra Pradesh Capital Region Development Authority Act 2014' (APCRDA Act) has come into force with effect from the 30th day of December 2014. This is an act to provide for the declaration of the new capital area for the State of Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purposes of planning, co-ordination, execution, supervision, financing, funding, promoting and securing the planned development of the capital region development area, undertaking construction of the new capital region, undertaking construction of the new capital for the State of Andhra Pradesh, managing and supervising urban services in the new capital area and for matters ancillary thereto. As per the APCRDA Act, the Capital Region was notified with an area of 8603 sq.kms. (which includes Reserve Forest area of 407.96 sq. kms. falling in Krishna and Guntur Districts of Andhra Pradesh. 7.2 Section 94 (4) of the Andhra Pradesh Re-organisation Act 2014 provides that "The Central Government shall facilitate creation of a new capital for the successor State of Andhra Pradesh, if considered necessary, by de-noting degraded forest land". However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.Il /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 7.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In- principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 7.4 Meanwhile, the Hon' ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: `the Capital city has 251 acres of forest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 7.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports. 7.6 Accordingly, as per the direction of the APCCF(C), the above mentioned project sites were inspected by CF(Central), RO Chennai along with the State Forest Department Officials and representatives from the User Agency during the period 17.09.2018 to 19.09.2018. Before proceeding for field inspection, the User Agency has made a detailed power point presentation on all the proposals. 8. Basic details of the proposal:

As per the proposal, the APCRDA seeks diversion of 250.08 ha forest land for the establishment of infrastructure for the institutions mentioned above. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is part of a continuous stretch of hillocks with steep slopes and huge rocks and as reported, with a maximum contour level difference of 320 m. The area has Dry Thorny Scrub Forests of canopy density of 0.2 and some growth of Bamboo is seen in flat areas. Tree species like Morinda citirifolia, Acacia leucophloea, Prosophis jullflora, Zizyphus xylopyrus, Gyrocarpus jacquinii, Manilkara hexandra, Azadirachta indica, Albizzia amara, Carissa spinarum, Euphorbia sps and Grewia rotundifolia are recorded in and around Kondaveedu. Wildlife like Wildboar, Hare, Python and Peafowl are reported to be present in the proposed area. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal area is as follows:

SI No Land use Area (Ha) 1 Forest Academy 39.32 2 IIFCC 42.44 3 Office Blocks 27.72 4 Sports facilities 94.28 5 Roads 17.77 6 Common Green & Open spaces 28.55 Total 250.08

Note: It is reported in the proposal that an area of 91.692 ha, which is 45% of the area proposed for activities mentioned in SI No 1 to 4 above, will be retained as open spaces in addition to the 28.55 ha of area proposed for open spaces & green areas.

9. Concept plan furnished in the proposal:

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10. Observations on the proposal documents:

10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives.

10.2 It is seen that another proposal for diversion of 434.85 ha of forest land in kondaveedu Forest Block (Bit IB) has been submitted by the same User Agency where the forest land proposed for diversion is contiguous to the one covered under the present proposal. 10.3 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 39.31 ha area is proposed for 'Forest Academy' but no further details of sub-components have been provided, including corresponding open spaces. 10.4 In the proposal, no area has been earmarked for 'Utilities' as in other proposals.

10.5 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been finalized yet and the sub component wise details, etc will be worked out only in future, which means the requirements indicated in the current proposal may be subject to change. It is also learnt from the AP Forest Department officials that the Department has recently requested the State Government to revise the requirement of forest land for the said 'Forest Academy' from 39.31 ha to 100 ha on which the decision of the State Government is awaited. In short, the land use planning for the area sought to be diverted has not been frozen yet.

11. Observations made during site visit: 11.1 The 250.08 ha forest area proposed for diversion consists of hillocks characterized by huge sheet rocks, its lower elevation interspersed by small a stream and the area has sparse dry thorny scrubs having a canopy density of 0.2. As observed in the field, the Kondaveedu Forest Block contains a series of hillocks lying in a North easterly direction and parallel to the nearby major Road (Guntur- Narasarapet). These hillocks generally have steep slopes with rocky portions. The area proposed for diversion (Bit IA) covers a part of these hillocks including the rocky portions, facing the revenue lands and the said road while on the other side we have the remaining RF portion. The proposed diversion area has a maximum elevation of around 487 ft MSL, as per google earth. 11.2 As per the layout plan furnished by the User Agency, establishment of infrastructure for the IIF&CC has been proposed at a site where a hillock of huge sheet rock stands now. Similarly, as per the lay out plan, sports facilities and the Forest academy are also falling on rocky hillock portions requiring huge hill cutting. However the proposal is silent on the requirement of cutting the hill. The User Agency has not provided any information on the actual area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

12. Suggestions/Recommendations: 12.1 The proposal is non-site specific and in its present form involves construction of some of the proposed infrastructures on the hill slopes, which is expected to require hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the Gol is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 12.2 However, though it is a non-site specific project, since the proposal is for establishment of infrastructure for the institutions mentioned in the proposal which are directly and indirectly connected with the administration of forests and environment, the proposal may be taken up for favourable consideration by relaxing the provisions as mentioned above, if deemed fit. 12.3 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by leaving out the rocky areas requiring huge hill cutting and also the areas proposed for residential accommodations, hostels and commercial buildings. The infrastructures for residential, commercial buildings, hostels, dormitories, etc shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 12.3.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

12.3.2 For each of the thematic zones proposed, the final certified land use indicating further breakup of the forest land required, sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 12.3.3 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision.

12.4 In the event of the project being given approval by the Got, the following conditions may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed at the project cost to prevent encroachment; c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The SG shall form a monitoring committee headed by an officer of sufficient seniority along with a representative from the concerned Regional Office of the MoEF&CC. 13. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 14. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA) i. In lieu of the 3306.55 ha of forest lands proposed for diversion under the 8 proposals submitted by the APCRDA, Compensatory Afforestation over a non-forest area of 3520.58 ha (in 6 patches in 2 districts) has been proposed. The details are as follows:

SI.No District Village Survey No Area in ha Remarks 1. Joukulpalli 260 1007.74 To be inspected

2. Kadapa Atloor 426, 754, 420, 58 1595.23 To be inspected 3. Kotapadu 613 186 To be inspected 4. Kudumaluru 401 211 To be inspected 5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

Out of the above, the CF (Central). RO Chennai has visited random points on the following 2 identified CA sites along with the State Forest Department Officials and representatives from the User Agency on 19.09.2018. The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows:

15. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

15.1. Google image &Photograph of the 50.57 ha non-forest area:

16. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

16.1. Google Image &Photograph of the 470.04 ha non-forest area:

17. In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 15th November, 2018 for their examination and appropriate recommendation. ****

Agenda No. 6

F. No. 8-28/2018-FC Sub: Proposal for diversion of 231.33 hectare of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Bio-diversity Park under Capital City Infrastructure Development Projects in Nidumukkala Forest Block, Guntur Division & District of Andhra Pradesh. (Online Proposal no. FP/AP/Others/30278/2017) Reg.

1. The Principal Secretary to Government of Andhra Pradesh, Environment, Forests, Science & Technology (Section. II) vide their letter No. 61/Section. 11/2018 dated 11.01.2018 which was received in this office on 12.04.2018 for obtaining prior approval of the Central Govt. under section-2 of the Forest (Conservation) Act, 1980 for diversion of 231.33 hectare of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Bio-diversity Park under Capital City Infrastructure Development Projects in Nidumukkala Forest Block, Guntur Division & District of Andhra Pradesh. 2. Details indicated in the proposal submitted by the Government of Andhra Pradesh vide letter dated 11.01.2018 are as below:

FACT SHEET

1. Name of the Proposal Diversion of 231.33 hectare of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Bio-diversity Park under Capital City Infrastructure Development Projects in Nidumukkala Forest Block, Guntur Division & District of Andhra Pradesh. 2. Location: State Andhra Pradesh. District Guntur 3. Detail of user agency Name of the user agency Andhra Pradesh Capital Region Development Authority and Capital Authority Nature of user agency State Government. 4. Particular of Forests i. Name of Forest Division Guntur Forest Division. ii. Area of Forest land proposed for Diversion 231.33 Hectares. (in Ha.) iii. Legal Status of Forest land Notified as Reserve Forest under Section 16 of Madras Forest Act (Act-V of 1882) vide notification No190, Dt.20.04.1894 iv. Density of Vegetation Density: 0.2 to 0.4 Eco Class : IV v. Shape of Forest Land proposed to be Hybrid diverted 5. Maps i. Differential GPS map of the area proposed At page no. 58/c for diversion

ii. Differential GPS map of the area identified Not given for raising CA

iii. Survey of India toposheet on 1:50,000 scale Pg. 57/c. showing the area proposed for diversion

iv. Survey of India toposheet on 1:50,000 scale At page no. 25/c showing the area identified for CA

v. Land use plan At page no. 101/c vi. Forest Cover map Not Given vii. Authenticated DGPS maps for Non-forest land and forest land proposed for diversion. 6. Vegetation i. Species-wise and diameter class wise Available at page no. 113-114/c enumeration of trees.

ii. Density 0.2 iii. Number of trees to be felled 14,975 iv. Working plan prescription for the forest Degraded Forest improvement circle land proposed for diversion. 7. Vulnerability of area to soil erosion Area is not vulnerable to erosion in view of existing vegetation cover. The vulnerability for erosion is minimum. 8. Approximate distance of proposed site for 0.00 Km diversion from boundary of forest 9. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of the No Chief Wildlife Warden to be annexed) 10. Whether any rare/ endangered/ unique species of flora and fauna found in the area No if so, details thereof. 11. Whether any protected 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. No 12. Whether the requirement of forest land as Yes, as per the certification furnished by the user proposed by the User Agency in co1.2 of agency and the information furnished in part I of Part-I is unavoidable and bare minimum for the proposal, the alignment through RF is the project. If no, recommended area item- unavoidable from the technical feasibility point of wise with details of alternatives examined. view and is the barest minimum required for this Proj ect. 13. Whether any work in violation of the Act No, work has been carried out in violation of has been carried out (Yes/ No). If yes, Forest (Conservation) Act, 1980. details of the same including period of work done, action taken on erring officials. Whether work in violation is still under progress. 14. Shape file / KML file CA and diversion Yes, DSS report is placed (F/X). land. 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest CA site suitability certificate is attached at page area identified for compensatory no. 26-27/c Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest At page no. 25/c area identified for compensatory Afforestation and adjoining forest boundaries.

iii. Detailed compensatory Afforestation The CA scheme for 231.33 ha of Non-forest land scheme including species to be planted, proposed to be taken — up in Markapur Forest implementing Agency, time schedule, cost Division of Revanue Mandal Ardhaveedu, village structure etc. Maguturu from 2017-18 to 2026-27 in lieu of diversion of 231.33 hectare of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Bio- diversity Park under Capital City Infrastructure Development Projects in Nidumukkala Forest Block, Guntur Division & District of Andhra Pradesh. The CA scheme is available at (28- 56/c). The Divisional Forest Officer is also field inspection Note on compensatory Afforestation Area for Diversion of Forest Land in Markapur and the same is available at (Pg. 20-25/c). However, the approved CA Scheme has not been submitted by the State Government of Andhra Pradesh. iv. Total financial outlay for compensatory Rs.1080 lakhs Afforestation scheme. v. Certificate from competent authority Pg 26-27/c. regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. Documentary evidence in support of 16. The District Collector, Guntur, Government of settlement of rights in accordance with the Andhra Pradesh has issued a FRA certificate vide provisions of the Scheduled Tribes and his letter No. 3281/2015 dated 23.04.2016 (Pg. Other Traditional Forest Dwellers 63/c) diversion of 231.33 hectare of forest land in (Recognition of Forest Rights) Act, 2006 on favour of Andhra Pradesh Capital Region the forest land proposed to be diverted Development Authority (APCRDA) for enclosed. establishment of Bio-diversity Park under Capital City Infrastructure Development Projects in Nidumukkala Forest Block, Guntur Division & District of Andhra Pradesh. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted (Pg. 65- 68/c). 17. Site Inspection Report of the Divisional The copy of the Site Inspection Report inspect by Forest Officer in compliance to the the Chief Conservator of Forests, Guntur Circle on conditions stipulated in the col. 7 (xi, xii) 8 17.12.2017 (Pg. 135-136/c). And SIR inspect by and 9 previous approval. the DFO, Guntur Division is available at (Pg. 116- 118/c).

18. Whether the project requires environment Not given clearance 19. Status of Wildlife Clearance. It is reported by the User agency in online application of Part-I under Colum I (i), the Wildlife Clearance has not been required in this project. However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 20. Catchment Area Treatment Plan Not applicable Rehabilitation of Oustee No Number of SC Families Number of ST families Number of Backward Families 21. Copies of R&R Plan Not applicable 22. Cost Benefit Analysis Not given 23. Total Cost of the project Rs. 44970.4 lacs 24. Employment Potential Yes Permanent/Regular Employment (Number of persons): 10000 Temporary Employment (Number of person- days): 100000 25. Undertakings to bear the cost of CA and Pg. 77-79/c. NPV 26. Profile of the District /Division. (i) Geographical Area of the District 11,391.00 Sq. km. (ii) Total Forest Area 1,661.43 Sq.Km (iii) Total area diverted since 1980 Area 1137.355 ha Number of case - 28 (iv) Total area proposed for afforested since Degraded forest land 591.945 ha 1980 Non-forest land 68.382 ha

(v) Total area afforested since 31.03.2017 Degraded forest land 591.945 ha Non-forest land 68.382 ha

27. Recommendation with Specific conditions, (if any) DFO Recommended (Pg. 134/c). CF Recommended (Pg. 134/c). PCCF/ Nodal Officer (FCA) Recommended (Pg. 137/c). State Govt. Recommended (Pg. 138/c).

3. The Ministry has already granted the approval for diversion of 2087.09 ha ( Tadapalli: 251.77 ha as this area falls in the proposed capital city and Venkatayapalem RF 1835 ha. for establishment of Armed Forces Training Institute and facilities such as State Police, establishment, Greyhounds., Water Survival Training Facility, Military Station, Central Prison, Railway Academy, CRPF etc. for security reasons) of forest lands (Revised proposal was for 12444.89 ha.) in Krishna and Guntur Divisions & Districts of Andhra Pradesh for establishment of Andhra Pradesh Capital vide this Ministry's letter No. F. No. 8-24/2015-FC dated 20th September, 2017 (F/Z). 4. At point 4 of Chapter 2 of the Handbook of Guidelines, it is clearly mentioned that:- (F/X) Diversion for non-site specific projects:- A large number of proposals for diversion of forest land for non- site specific projects like industries, construction of residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons, etc. are received by the Central Government. Attention is drawn to items 1 (iv) and 8 of the Form -A" in which the proposal is to be submitted by the State Government. In these columns, justification for locating the project in the forest area giving details of the alternatives examined and reasons for their rejection has to be furnished. Normally, there should not be any justification for locating non site-specific projects on forest land. Therefore, the State Government should scrutinize the alternatives in more details and must give complete justification establishing its in-escapability for locating the project in forest area". The motive of the above referred guideline is that the forest is a natural resource and a complete ecosystem in itself and once ecosystem is disturbed and forest land is diverted, the same cannot be restored to its original glory. Therefore the forest land shall be diverted only for those activities which are site-specific whose value is more than the ecosystem services of forest ecosystem and cannot be done elsewhere in the interest of development needs of the society. The development of Industrial corridor on forest land is certainly non site specific and can be developed on non-forest land. 5. The proposal has also been examined on DSS in FC Division. Report of the same may kindly be seen at FN. 6. The forest land proposed to be diverted has been inspected by Shri D. Sathiyan, Chief Conservator of Forests (Central), Regional office (South Eastern Zone), Chennai. Additional information furnished in the inspection report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter No. 4- APA067/2018-CHN/1681 dated 22nd October, 2018 (Pg. 139-154/c) are as below- 7. Background: 7.1 The 'Andhra Pradesh Capital Region Development Authority Act 2014' (APCRDA Act) has come into force with effect from the 30th day of December 2014. This is an act to provide for the declaration of the new capital area for the State of Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purposes of planning, co-ordination, execution, supervision, financing, funding, promoting and securing the planned development of the capital region development area, undertaking construction of the new capital region, undertaking construction of the new capital for the State of Andhra Pradesh, managing and supervising urban services in the new capital area and for matters ancillary thereto. As per the APCRDA Act, the Capital Region was notified with an area of 8603 sq.kms. (which includes Reserve Forest area of 407.96 sq. kms. falling in Krishna and Guntur Districts of Andhra Pradesh. 7.2 Section 94 (4) of the Andhra Pradesh Re-organisation Act 2014 provides that "The Central Government shall facilitate creation of a new capital for the successor State of Andhra Pradesh, if considered necessary, by de-notifying degraded forest land". However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.II /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 7.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In- principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 7.4 Meanwhile, the Hon' ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: `the Capital city has 251 acres offorest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 7.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports.

8. Basic details of the proposal

As per the proposal, the APCRDA seeks diversion of 231.33 Ha forest land for the establishment of a `Bio- Diversity Park' under the Capital City Infrastructure projects. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is a hillock with varying slopes and has Dry Deciduous Thorny Scrub Forests of canopy density of 0.2-0.3. Tree species like Albizzia amara, Azadirachta indica, Grevia rotandifolia, Carissa spinarum, Acacia leucophloea, Manilkara hexandra, Gyrocarpus jacquini, Zyzyphus xylopyrus and Prosophis juliflora are recorded in the area. Spotted deer & Wild boar are reported to be present here. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal is as follows:

S. No. Land use Area in Ha. 01 Butterfly & Birds Conversation 20.75 02 Camp Area cum Resting Point 24.63 03 Climber groove 12.90 04 Domestic Biodiversity 6.97 05 Fruit Plantation 13.60 06 Groves 8.85 07 Medical Plants 15.62 08 Natural species cum Research Conservation 17.67 09 Admin 2.46 10 Research Unit 16.81 11 Entrance 2.77 12 Food Court 9.97 13 Staff Quarters (Hostels) 8.18 14 Roads 46.24 15 Common Open Spaces & Green Areas 19.12 16 Utilities 4.79 Total 231.33

Note: It is reported in the proposal that an area of 88.65 ha, which is 55% of the area proposed for activities mentioned in S1 No 1 to 13 above, will be retained as open spaces in addition to the 19.12 ha of area proposed for common open spaces & green areas.

9. Concept plan furnished in the proposal:

Proposed Activities

Rocs

Ca nn= Foie & Sffrifs

Open Sp.= & Cleen 34 10. Observations on the proposal documents: 10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per' the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 10.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 20.75 ha is proposed for the theme 'Butterfly & Birds Conservation' but no further break-up or finer details have been given. The actual area required for each sub-component as well as the open space within it has not been reported. 10.3 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed yet and the sub component wise details, etc will be worked out only in future, which means the requirements indicated in the current proposal may be subject to change.

11. Observations made during site visit: 11.1 The forest area of 231.33 ha proposed for diversion under Compartment no 126 of Nidumukkala forest block under Guntur Range and Guntur Division, is a hillock with huge rocks and boulders. This area has sparsely distributed vegetation with a canopy density of 0.2- 0.3. The area proposed for diversion is easily accessible by road and it is surrounded by revenue/agricultural lands and human habitations. This hillock is one of the series of hillocks that lie in a general south to North direction in this area. It has Mothadaka hillock on its north which has been proposed for diversion separately. The proposed diversion area has a maximum elevation of around 695 ft MSL, as per google earth. 11.2 As per the proposal, an area of 24.66 ha is proposed for 'Camp area cum resting Point': 9.97 ha for 'Food Court'; another 8.18 ha is proposed for 'staff quarters/ hostels' though diversion of forest lands for such purposes is specifically discouraged. 11.3 As per the layout plan furnished by the user agency, a network of roads covering 46.24 ha is proposed on the hillock. It appears that the road network has been proposed without considering the relief/slope of the hillock. The User Agency may need to clarify on this. 11.4 As per the layout, most of the project components including roads are falling on rocky areas which would require huge hill cutting. The User Agency has not provided any information on the actual area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component.

12. Suggestions/Recommendations: 12.1 The proposal is non-site specific and involves construction of lot of infrastructures including a network of roads on a hillock, which is expected to require huge hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the Got is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 12.2 However, though it is a non-site specific project, since the proposal is for establishment of a 'Bio diversity Park' on an otherwise rocky hillock, the proposal may be taken up for favourable consideration by relaxing the provisions, if deemed fit, notwithstanding the incongruity and inherent difficulties in executing the planned activities on a rocky hillock. 12.3 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by leaving out the rocky areas requiring huge hill cutting and also the areas proposed for residential accommodations, staff quarters, hostels, camp sites and resting places and commercial

I) buildings. The above mentioned infrastructures shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 12.3.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component. 12.3.2 For each of the thematic zones proposed, further breakup of the forest land, sub-component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 12.3.3 It appears that an area of 3.00 ha where a central nursery including infrastructure like Bore well, pipeline and water tanks at present has been included in the area proposed for diversion. It shall be excluded. 12.3.4 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. 12.4 In the event of the project being given approval by the Got, since the proposal is for establishment of a Biodiversity Park, preferably, the User Agency may be directed to execute the project and to manage it subsequently, through the Forest Department of Andhra Pradesh. 12.5 In the event of the project being given approval by the GoI, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed at the project cost to prevent encroachment; giving priority to the areas located near human habitations. c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The User Agency shall not alter the natural course of streams in the proposed area and shall undertake to strengthen its banks both structurally and by planting trees. 13. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 14. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

Sl.No District Village Survey No Area in ha Remarks

1. Joukulpalli 260 1007.74 To be inspected 2. Atloor 426, 754, 420, 58 1595.23 To be inspected Kadapa 3. Kotapadu 613 186 To be inspected 4. Kudumaluru 401 211 To be inspected

5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58 Out of the above, the CF (Central). RO Chennai has visited random points on the following 2 identified CA sites along with the State Forest Department Officials and representatives from the User Agency' on 19.09.2018. The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows:

15. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

15.1. Google image &Photograph of the 50.57 ha non-forest area:

16. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city; 118.30 ha for `Eco-tourism Village' and another 227.92 ha for `Biodiversity Park'.

16.1. Google Image &Photograph of the 470.04 ha non-forest area:

Agenda No. 7

F. No. 8-29/2018-FC Sub: Proposal for diversion of 1625.53 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Aerospace, Precision Engineering

L L(. Innovation and Research and Green Mobility Park in Venkatayapalem Exten-1 & Exten-8 RFs in Guntur Division and District of Andhra Pradesh (Online Proposal No. FP/AP/Others/30218/2017) Reg.

1. The Principal Secretary, Government of Andhra Pradesh, Department of Environment, Forest and Technology was submitted a fresh proposal vide their letter No. 62/Section-I1/2018 dated 11.01.2018 which was received in this office on 13.04.2018 for obtaining prior approval of the Central Govt. under section-2 of the Forest (Conservation) Act, 1980 for diversion of 1625.53 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for establishment of Aerospace, Precision Engineering Innovation and Research and Green Mobility Park in Venkatayapalem Exten-1 & Exten-8 RFs in Guntur Division and District of Andhra Pradesh .

2. The facts related to the proposal as given below-:

FACT SHEET

Name of the Proposal Diversion of 1625.53 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority 1 (APCRDA) for establishment of Aerospace, Precision Engineering Innovation and Research and Green Mobility Park in Venkatayapalem Exten-1 & Exten-8 RFs in Guntur Division and District of Andhra Pradesh 2. Location: (i) State Andhra Pradesh (ii) District Guntur (iii) Category Others Total period for which the forest land is 99 (iv) proposed to be diverted (in year). Detail of user agency Name of the user agency 3 Andhra Pradesh Capital Region Development Authority (APCRDA). Nature of user agency State Government 4. Particular of Forests (i) Name of Forest Division Guntur (ii) Area of Forest land for Diversion 1625.53 ha Legal Status of Forest land 1. Venkatayapalem Extn-I RF Area 792.83 ha. Notified as RF Under Section 16 of Madras Forest Act (Act-V of 1882) vide notification no. 428 dated (iii) 24.04.1951. 2. Venkatayapalem Extn-VIII RF Area 832.70 ha. Notified as RF Under Section 16 of Madras Forest Act (Act-V of 1882) vide notification no. 364 dated 09.10.1903 Density of Vegetation Area = 1625.53 ha (iv) Density = 0.2 Eco class = 4 Shape of the forest land to be diverted Hybrid (v) 5. Maps Differential GPS map of the area proposed At page no. 26-29/c i. for diversion

Differential GPS map of the area identified At page no.48-49 /c ii. for raising CA

Survey of India toposheet on 1:50,000 At page no. 24-25/c iii. scale showing the area proposed for diversion Survey of India toposheet on 1:50,000 At page no. 50-51/c iv. scale showing the area identified for CA v. Land use plan At page no. 80-82/c vi. Forest Cover map Not given. 6. Vegetation Species-wise and diameter class wise At page no. 93-95/c i. enumeration of trees.

iL Density 0.2 to 0.4 iii. Number of trees to be felled 6,624 Working plan prescription for the forest iv. Degraded Forest improvement circle land proposed for diversion. 7. Vulnerability of area to soil erosion The vulnerability for erosion is minimum Details of wildlife present in and around 8 . Wild boar and Peafowl the forest land proposed for diversion; 9 . Approximate distance of proposed site for diversion from boundary of forest. 0 Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In 10. No. case, ESZ of a protected area is not notified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, 11. Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of -No- the Chief Wildlife Warden to be annexed) Whether any rare/ endangered/ unique 12. species of flora and fauna found in the area -No- if so, details thereof. Whether any protected archaeological/ heritage site/ defence establishment or any 13. other important monument is located in the area. If so, the details thereof with NOC -No- from competent authority, if required. Whether the requirement of forest land as proposed by the User Agency in co1.2 of Part-I is unavoidable and bare minimum 14. for the project. If no, recommended area item-wise with details of alternatives -Yes- examined. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of No 15. work done, action taken on erring officials. Whether work in violation is still under progress. (i) Details of violation (S) Not applicable (ii) Period of work done (Year) Not applicable Area of forest land involved in violation in Not applicable (iii) (ha.) Whether work in violation is still in No (iv) progress (Yes/No) Details of Compensatory Afforestation 16. Scheme: Details of non-forest area/ degraded forest The Compensatory Afforestation has been proposed over i. area identified for compensatory equivalent non — forest land i.e. 1625.53 ha. of non-forest Afforestation, its distance from adjoining land for plantation. 1593.0 ha of non-forest block is forest, number of patches, size of each located in Sy. No. 426, 429, 58, and 764 of Malineni patch. Patnam and other Surrounding Villages of Atluf Mandal in the Range limits of Sidhout of Kadapa Division. 903 ha of non-forest land included in Revenue Sy. No. 266 of Jowkulapalli (V), Vontimitta (M) Range of Kadapa Division. 87.0 ha of non-forest land included in Revenue Sy. No. 307 of Konaraj upalli of Vontimitta (M) Range of Kadapa Division. 186.0 ha non-forest land included in Revenue Sy. No. 613 of Kotapudu, Vontimitta (M) Range of Kadapa Division. 211.0 ha non-forest land included in Revenue Sy. No. 401 of Kudumaluru, Vontimuitta (M) Range of Kadapa Division. Map showing non-forest/ degraded forest At page no. 50-51/c area identified for compensatory

I'. Afforestation and adjoining forest boundaries. Detailed compensatory Afforestation The CA scheme with the provisions of the maintenance scheme including species to be planted, for 10 years has been submitted and a copy of the same is iii. implementing Agency, time schedule, cost available at page 105-123/c. structure etc.

Total financial outlay for compensatory iv. Rs.11,796.01akh Afforestation scheme. vi. Total amount of NPV Rs. 7119.821 lakhs Certificate from competent authority The Certificate from competent authority regarding regarding suitability of area identified for suitability of area identified for Compensatory compensatory Afforestation and v. from Afforestation has submitted and same is available at p- management point of view. To be signed 124-128/c. by the concerned Deputy Conservatory of Forests. Documentary evidence in support of The District Collector, Guntur, Government of Andhra settlement of rights in accordance with the Pradesh has issued a FRA certificate vide his letter No. provisions of the Scheduled Tribes and 3281/2015 dated 23.04.2016 (Pg. 35&39/c) Other Traditional Forest Dwellers for diversion of 1625.53 ha. of forest land in favour of Andhra Pradesh (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted Capital Region Development Authority (APCRDA) for establishment of enclosed. Aerospace, Precision Engineering 17. Innovation and Research and Green Mobility Park in Venkatayapalem Exten-1 & Exten-8 RFs in Guntur Division and District of Andhra Pradesh. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted (Pg. 35-42/c). Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Divisional 18. Officer Forest Officer, Guntur, Andhra Pradesh, copy of the same may kindly be seen at (Pg. 100-108/c). Whether the project requires environment Not Given 19. clearance. Status of Wildlife clearance. It is reported by the User agency in online application of Part-I under Colum I (i), the Wildlife Clearance has not been required in this project.

20. However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage- !! approval. 21. Catchment Area Treatment Plan Not applicable.

Total area afforested since 30.11.2017 Degraded forest land 591.945 ha (v) Non-forest land 68.382 ha Recommendation with Specific conditions, (if any) DFO Recommended. (at page no.174/c ) 29 . CF Recommended. (at page no. 177-179/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 181/c ) State Govt. Recommended. (at page no. 182/c )

3. The Ministry has already granted the approval for diversion of 2087.09 ha ( Tadapalli: 251.77 ha as this area falls in the proposed capital city and Venkatayapalem RF 1835 ha. for establishment of Armed Forces Training Institute and facilities such as State Police, establishment, Greyhounds., Water Survival Training Facility, Military Station, Central Prison, Railway Academy, CRPF etc. for security reasons) of forest lands (Revised proposal was for 12444.89 ha.) in Krishna and Guntur Divisions & Districts of Andhra Pradesh for establishment of Andhra Pradesh Capital vide this Ministry's letter No. F. No. 8-24/2015-FC dated 20th September, 2017 (F/Z). 4. At point 4 of Chapter 2 of the Handbook of Guidelines, it is clearly mentioned that:- (F/Y) Diversion for non-site specific projects:- A large number of proposals for diversion of forest land for non- site specific projects like industries, construction of residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons, etc. are received by the Central Government. Attention is drawn to items 1 (iv) and 8 of the Form "A" in which the proposal is to be submitted by the State Government. In these columns, justification for locating the project in the forest area giving details of the alternatives examined and reasons for their rejection has to be furnished. Normally, there should not be any justification for locating non site-specific projects on forest land. Therefore, the State Government should scrutinize the alternatives in more details and must give complete justification establishing its in-escapability for locating the project in forest area". The motive of the above referred guideline is that the forest is a natural resource and a complete ecosystem in itself and once ecosystem is disturbed and forest land is diverted, the same cannot be restored to its original glory. Therefore the forest land shall be diverted only for those activities which are site-specific whose value is more than the ecosystem services of forest ecosystem and cannot be done elsewhere in the interest of development needs of the society. The development of Industrial corridor on forest land is certainly non site specific and can be developed on non-forest land. 5. The proposal has also been examined on DSS in FC Division. Report of the same may kindly be seen at F/X. 6. The forest land proposed to be diverted has been inspected by Shri D. Sathiyan, Chief Conservator of Forests (Central), Regional office (South Eastern Zone), Chennai. Additional information furnished in the inspection report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter No. 4- APA067/2018-C1-IN/1681 dated 22' October, 2018 (Pg. 184-199/c) are as below. 7. Background: 7.1 The 'Andhra Pradesh Capital Region Development Authority Act 2014' (APCRDA Act) has come into force with effect from the 30th day of December 2014. This is an act to provide for the declaration of the new capital area for the State of Andhra Pradesh and establishment of the Andhra Pradesh Capital Region Development Authority for the purposes of planning, co-ordination, execution, supervision, financing, funding, promoting and securing the planned development of the capital region development area, undertaking construction of the new capital region, undertaking construction of the new capital for the State of Andhra Pradesh, managing and supervising urban services in the new capital area and for matters ancillary thereto. As per the APCRDA Act, the Capital Region was notified with an area of 8603 sq.kms. (which includes Reserve Forest area of 407.96 sq. kms. falling in Krishna and Guntur Districts of Andhra Pradesh. 7.2 Section 94 (4) of the Andhra Pradesh Re-organisation Act 2014 provides that "The Central Government shall facilitate creation of a new capital for the successor State of Andhra Pradesh, if considered necessary, by de-notifying degraded forest land - . However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.II /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 7.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In- principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 7.4 Meanwhile, the Hon' ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: `the Capital city has 251 acres of forest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 7.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports. 7.6 Accordingly, as per the direction of the APCCF(C), the above mentioned project sites were inspected by CF(Central), RO Chennai along with the State Forest Department Officials and representatives from the User Agency during the period 17.09.2018 to 19.09.2018. Before proceeding for field inspection, the User Agency has made a detailed power point presentation on all the proposals. 8. Basic details of the proposal: 8.1 As per the proposal, the APCRDA seeks diversion of 1625.53 Ha (792.83 ha in Venkatayapalem Extn 1 & 832.70 ha in Venkatayapalem Extn 8) forest land for the development of 'Aerospace, Precision Engineering Innovation & Research and Green Mobility Park' under the Capital City Infrastructure projects. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion is a hillock with varying steep slopes and has Dry deciduous Scrub Forests of canopy density of 0.2-0.4. Tree species like Albizzia amara, Azadirachta indica, Grevia rotandifolia, Carissa spinarum, Dodonia viscosa, Gyrocarpus jacquin, Zyzyphus xylopyrus and Prosophis juliflora are recorded in the area. Wild boar, Hare, Peacock, Jungle fowl, etc are reported to be present here. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal is as follows:

S.No Land use Area in Ha

01 R&D and manufacture of Aerospace Components 138.57

02 R&D and manufacture of Aerospace Engineering 281.80

03 R&D and manufacture of Green Mobility Components 230.87

04 Entrance Plaza & Parking Area & Green mobility shelters 40.59

05 Interpretation center & Aerospace Museum 136.08

06 Park Management Building 95.99

07 Cottages 112.40

08 Dormitories and Hostels 202.93 09 Common Green & Open spaces 219.85 10 Roads 118.46

11 Utilities 47.99 Grand Total 1625.53

Note: It is reported in the proposal that an area of 557.65 ha, which is 45% of the area proposed for activities mentioned in SI No 1 to 8 above, will be retained as open spaces in addition to the 219.85 ha of area proposed for common open spaces & green areas.

9. Concept plan furnished in the proposal:

10. Observations on the proposal documents: 10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 10.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on quarrying if any of slates & quartzite, available at the site. For example, an area of 281.80 ha is proposed for the theme 'R&D and assembling of Aerospace components' but no further break-up or finer details have been given. The actual area required for each sub- component as well as the open space within it has not been reported. 10.3 The component wise breakup reported in the concept lay out plan differs from the area statement given in the form of a table in respect of roads, common facilities and open& green spaces. 10.4 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed yet and the sub component wise details, etc will be worked out only in future, which means the requirements indicated in the current proposal may be subject to change.

11. Observations made during site visit: 11.1 The forest area of 1625.53 ha proposed for diversion, falling in Compartment No.121 in Venkatapalem Extension RF 01 & 08 under Guntur Range and Guntur Division, is not a hilly area but the terrain is undulating. This area has dry deciduous scrub vegetation with a canopy density of 0.2-0.4. The DFO has recorded in his inspection report that the area has the climatic climax forest of the locality. This area. The proposed forest area lies in a North-south fashion parallel to river Krishna which flows at a distance of about 700 m. The area is bordered by revenue/agricultural lands on the side towards the river and the remaining part of the RF on the other side. The proposed diversion area has a very gentle slope and a maximum elevation of around 216 ft MSL, as per google earth. The area is reported to be under pressure of encroachment and one or two smaller pockets adjoining the agricultural lands appear to have been used in the past. The proposed site is reported to have slates & quartzite deposits. The road in existence here is said to be laid prior to 1980 and it is reported that this road will be widened as per requirement for the project in future.

11.2 As per the proposal, an area of 112.40 ha is proposed for 'Cottages' and 202.93 ha is proposed for 'Quarters and Hostels' though diversion of forest lands for such purposes is specifically discouraged.

11.3 The MoEF&CC, vide its letter No 8-24/2015-FC dated 20.09.2017 has conveyed In—principle approval for diversion of 1835.32 ha of forest area in Venkatayapalem RF for establishment of

Armed Forces Training Institute and facilities such as State Police establishment, Greyhounds, Water survival Training Facility, Military Station, Central Prison, Railway Academy, CRPF etc for security reasons. It was informed by the forest officials that the above area of 1853.32 ha is located adjacent to the area covered in the present proposal

12. Suggestions/ Recommendation: 12.1 The proposal is non-site specific and involves construction of various Defense Research related infrastructures. The proposal does not have finer details/break-up of the intended final certified land. It is learnt from the User Agency that as per the Capital Regions projects' design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the Gol is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place if deemed fit, which needs to be decided by the competent authority. 12.2 However, though it is a non-site specific project, since the proposal is for establishment of Defense related research facilities and also in view of the fact that the area is adjacent to the area of 1835.32 ha of forest area in Venkatayapalem RF for which stage -1 FC was issued with by the Ministry for establishment of Defense and Police related Infrastructures as mentioned in Para 4.3. above, the proposal may be taken up for favourable consideration by relaxing the provisions as mentioned above, if deemed fit. 12.2.1 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by reducing the areas earmarked for infrastructures for residential, commercial buildings, Camp sites, Cottages, hostels, dormitories, etc which shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 12.2.2 The User Agency may be asked to clarify & rectify the mismatch in the proposal pointed out in Para 3.3 above. 12.2.3 For each of the thematic zones proposed, further breakup of the forest land required, sub- component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 12.2.4 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. 12.3 In the event of the project being given approval by the Gol, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. The natural water bodies in the area shall be protected and suitably strengthened. c. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed, wherever required, at the project cost, to prevent encroachment. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 13. SITE INSPECTION REPORT (SIR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

1. Joukulpalli 260 1007.74 To be inspected

2. Kadapa Atloor 426, 754, 420, 58 1595.23 To be inspected 3. Kotapadu 613 186 To be inspected

4. Kudumaluru 401 211 To be inspected

5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

The observations on the two non-forest lands proposed for Compensatory Afforestation (CA) which were inspected by the undersigned, are as follows:

14. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

14.1. Google image &Photograph of the 50.57 ha non-forest area:

1.& 15. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city: 118.30 ha for 'Eco-tourism Village' and another 227.92 ha for `Biodiversity Park'.

15.1. Google Image &Photograph of the 470.04 ha non-forest area: 16. In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 15th November, 2018 for their examination and appropriate recommendation. ****

Agenda No. 8

F. No. 8-30/2018-FC Sub: Proposal for diversion of 371.80 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for development of E-5 Park under Capital City Infrastructure Development Projects in Karlapudi Forest Block, Guntur Division & District of Andhra Pradesh (Online Proposal No. FP/AP/Others/30133/2017) Reg.

1. The Principal Secretary, Government of Andhra Pradesh, Department of Environment, Forest and Technology was submitted a fresh proposal vide their letter No. 62/Section-II/2018 dated 11.01.2018 which was received in this office on 13.04.2018 for obtaining prior approval of the Central Govt. under section-2 of the Forest (Conservation) Act, 1980 for diversion of 371.80 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for development of E-5 Park under Capital City Infrastructure Development Projects in Karlapudi Forest Block, Guntur Division & District of Andhra Pradesh.

1. Name of the Proposal Diversion of 371.80 ha. of forest land in favour of Andhra Pradesh Capital Region Development Authority (APCRDA) for development of E-5 Park under Capital City Infrastructure Development Projects in Karlapudi Forest Block, Guntur Division & District of Andhra Pradesh 2. Location: (i) State Andhra Pradesh (ii) District Guntur (iii) Category Others (iv) Total period for which the forest land is 99 proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Andhra Pradesh Capital Region Development Authority (APCRDA). Nature of user agency State Government 4. Particular of Forests (i) Name of Forest Division Guntur (ii) Area of Forest land for Diversion 371.80 ha (iii) Legal Status of Forest land Reserved Forest (iv) Density of Vegetation Area = 371.80 ha Density = 0.2 Eco class = 4 (v) Shape of the forest land proposed to be Hybrid diverted 5. Maps i. Differential GPS map of the area At page no. 22/c proposed for diversion

ii. Differential GPS map of the area At page no. 38-39/c identified for raising CA

iii. Survey of India toposheet on 1:50,000 At page no. 20/c scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 At page no. 40-41/c scale showing the area identified for CA v. Land use plan At page no. 68/c vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Available at page no.81-84/c enumeration of trees.

ii. Density 0.2 iii. Number of trees to be felled 12,129 iv. Working plan prescription for the forest Degraded Forest improvement circle land proposed for diversion. 7. Vulnerability of area to soil erosion The vulnerability for erosion is minimum 8. Details of wildlife present in and around Wild boar the forest land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest. 0 10. Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified Wildlife (Protection) Act, 1972 (Note: In No. case, ESZ of a protected area is not notified, then, 10 KM distance from boundary of the Protected Area should be treated as ESZ): 11. Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the area the comments of -No- the Chief Wildlife Warden to be annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the -No- area if so, details thereof. 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with -No- . NOC from competent authority, if required. 14. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I is unavoidable and bare minimum for the project. If no, recommended area item-wise with details of alternatives -Yes- examined. 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of No work done, action taken on erring officials. Whether work in violation is still under progress. (i) Details of violation (S) Not applicable (ii) Period of work done (Year) Not applicable

(iii) Area of forest land involved in violation Not applicable in (ha.) (iv) Whether work in violation is still in No progress (Yes/No) 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest The Compensatory Afforestation has been proposed area identified for compensatory over equivalent non — forest land i.e. 371.80 ha. of Afforestation, its distance from adjoining non-forest land for plantation. forest, number of patches, size of each patch. 1. 186.0 ha non-forest block is located just adjacent as well as adjoining the reserved forest block namely Konarajupalli Extension RF on Southern side and Penusila RF on Eastern Side. This non-forest is located in the outskirts of Kotapadu and also by the side of an approach road locally known as Vonimitta to Bandarupalli Road bounded by Bandarupalli road in south, Penusila Wildlife Sanctuary and Somasila Back Water Reservior in Eastern Side, Revenue Hill Poramboku in Western Side, Penna Rivver in Northern Side. 2. 211.0 ha of no-forest land block is located just adjacent as well as adjoining the reserved forest block namely Konarajupalli Extension RF on Southern side and Penusila RF on Eastern Side. This non-forest is located in the outskirts of Kudumaluru and also by the side of an approach road locally known as Kotapadu to Bandarupalli Road bounded by Bandarupalli road in western side, Somasila block Water in Eastern Side, Penna River in Northern side Revenue land in south side. ii. Map showing non-forest/ degraded forest SOI Map is available at page no. 40-41/c area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation The CA scheme with the provisions of the scheme including species to be planted, maintenance for 10 years has been submitted and a implementing Agency, time schedule, copy of the same is available at page 94-97 & 99- cost structure etc. 101/c. iv. Total financial outlay for compensatory Rs.1515.0 lakh Afforestation scheme. v. Total cost of NPV Rs.1628.484 lakhs vi. Certificate from competent authority The Certificate from competent authority regarding regarding suitability of area identified for suitability of area identified for Compensatory compensatory Afforestation and from Afforestation has submitted and same is available at management point of view. To be signed p-93&98/c. by the concerned Deputy Conservatory of Forests. Documentary evidence in support of settlement of rights in accordance with The District Collector, Guntur, Government of Andhra the provisions of the Scheduled Tribes Pradesh has issued a FRA certificate vide his letter No. and Other Traditional Forest Dwellers 3281/2015 dated 23.04.2016 (Pg. 27/c) for diversion (Recognition of Forest Rights) Act, of 371.80 ha. of forest land in favour of Andhra Pradesh Capital 2006 on the forest land proposed to be Region Development Authority diverted enclosed. (APCRDA) for development of E-5 Park under Capital 17. City Infrastructure Development Projects in Karlapudi Forest Block, Guntur Division & District of Andhra Pradesh. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted (Pg. 29-34/c). Inspection Report of the Divisional The Site Inspection Report carried out by the 18. Forest Officer Divisional Forest Officer, Guntur, Andhra Pradesh, copy of the same may kindly be seen at (Pg. 86-88/c). Whether the project requires 19. Not Given environment clearance. Status of Wildlife clearance. It is reported by the User agency in online application of Part-I under Colum I (i), the Wildlife Clearance has not been required in this project.

20. However, The DFO, Guntur has also been reported in Part-II the wildlife movement has been seen in the proposed area. Hence, the wild life clearance is required before Stage-II approval. 21. Catchment Area Treatment Plan Not applicable.

Total area afforested since 30.11.2017 Degraded forest land 591.945 ha (v) . Non-forest land 68.382 ha Recommendation with Specific conditions, (if any) DFO Recommended. (at page no.129/c ) 29 . CF Recommended. (at page no. 112-114/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 115/c ) State Govt. Recommended. (at page no. 117/c )

considered necessary, by de-notifying degraded forest land". However, the Government of Andhra Pradesh decided to propose diversion of forest land as per the requirement for Capital City Infrastructure works instead of going for de-notification. Accordingly, the Government vide letter No 5446 /Sec.II /2014 dated 05.09.2015 submitted a proposal for diversion of 19,256.8 ha of forest land to be utilized for development of the Capital City for the State of Andhra Pradesh, in Guntur and Krishna Districts. Subsequently, the State Government vide letter No 5446 /Section-II/ 2014 dated 25.04.2016 has submitted a revised proposal for diversion of 12,444.89 ha. 7.3 The MoEF&CC, New Delhi vide letter 8-24/2015-FC dated 20.09.2017 has accorded Stage I (In- principle) approval for diversion of 2087.09 ha (i.e. 251.77 ha in Tadepalli RF and 1835.32 ha in Venkatayapalem RF for establishment of Armed Forces Training Institute and facilities etc. Further, the Ministry has requested the State Government to come up with separate proposals, component wise or in cluster of components in due course as per their priority in accordance with the FCA guidelines. 7.4 Meanwhile, the Hon'ble National Green Tribunal, New Delhi in Original Application No. 171 of 2015 (M.A Nos. 510/2015, 1148/2015 & 1108/2016); Appeal No. 148/2015 (M.A Nos. 1325/2015 & 1326/2015); Appeal No. 05/2016 (M.A Nos. 56/2016 & 64/2016) And Appeal No. 24 of 2016 (M.A No. 399/2016), has passed its order on 17-11-2017 and one of the directions contained therein is that: 'the Capital city has 251 acres of forest land which should be preserved as green lungs of the city and not to be diverted for non forestry uses or even for uses like parks or recreational activities & deprive the capital of the ecosystem services which a natural forest provides as opposed to plantation forests'. As such, the above order of the NGT has stopped the diversion proceedings in respect of the 251.77 ha Tadepalli RF. 7.5 The Ministry of Environment, Forests and Climate Change (Forest Conservation Division) vide letter No 8-23/2018-FC dated 10.10.2018 has requested the Regional Office, Chennai to inspect the above eight proposal sites and to furnish reports. 7.6 Accordingly, as per the direction of the APCCF(C), the above mentioned project sites were inspected by CF(Central), RO Chennai along with the State Forest Department Officials and representatives from the User Agency during the period 17.09.2018 to 19.09.2018. Before proceeding for field inspection, the User Agency has made a detailed power point presentation on all the proposals. 8. Basic details of the proposal:

As per the proposal, the APCRDA seeks diversion of 371.80 Ha forest land for the establishment of a 'Five Elements Park' under the Capital City Infrastructure projects. The land use proposed therein is as mentioned in the Table given below. The area proposed for diversion, falling in Compartment no 123&124 of Endroy beat, Mangalagiri section of Guntur Range and Guntur Division, is a hillock with varying slopes and has Dry Thorny Scrub Forests of canopy density of 0.2-0.3. Tree species like Albizzia amara, Azadirachta indica, Grevia rotandifolia, Carissa spinarum, Acacia leucophloea, Manilkara hexandra, Gyrocarpus jacquini, Zyzyphus xylopyrus and Prosophis juliflora are recorded in the area. No major wildlife is reported to be present in the proposed area. As reported by the DFO, Guntur Division, the area proposed for diversion is included in the 'Degraded Forest Improvement Working Circle' as per the working plan prescription and falls in Eco class IV. The APCRDA officials have informed that the area proposed for diversion falls within the re-notified boundaries of the 'Capital Region'.

Table: The Area statement as reported in the proposal is as follows: • S.No Land use Area in Ha 01 Cultural Heritage Theme 01- Water 90.25 02 Cultural Theme 02- Sky 27.01 03 Cultural Theme 03- Earth 19.82 04 Cultural Theme 04- Air 32.20 05 Cultural Theme 05- Fire 34.94 06 Research & Academy Blocks 17.86 07 Entrance Plaza & Admin Block 11.94 08 Hostels & Dormitories 10.55 09 Roads 81.90 10 Common Open Spaces & Green Areas 42.15 11 Utilities 3.21 Total 371.80

Note: It is reported in the proposal that an area of 134.51 ha, which is 55% of the area proposed for activities mentioned in SI No 1 to 8 above, will be retained as open spaces in addition to the 42.15 ha of area proposed for common open spaces & green areas.

9. Concept plan furnished in the proposal: Proposed Achvthes

Roads Common Facilities & Services Open Space & Green Belt

10. Observations on the proposal documents: 10.1 Going by the activities proposed in the proposal, the project is non-site specific; however, as per the justification provided by the APCRDA in the proposal, the project site has been selected after examination of alternatives. 10.2 The User Agency has provided breakup of the forest area proposed for diversion in a broad thematic manner and indicated the overall quantum of open spaces and green areas in percentage terms. However, the proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. For example, an area of 90.25 ha is proposed for the theme 'Water' but no further break-up or finer details have been given. The actual area required for each sub-component as well as the open space within it has not been reported. 10.3 During discussions with the User Agency, it emerged that the land use planning process for the proposed area has not been completed yet and the sub component wise details, etc will be worked out

only in future, which means the requirements indicated in the current proposal may be subject to change.

11. Observations made during site visit: 11.1 The forest area of 370.81 ha proposed for diversion under Compartment no 123 &124 of Endroy beat, Mangalagiri section of Guntur Range and Guntur Division, is a hillock with huge rocks and boulders. This area has sparsely distributed vegetation with a canopy density of 0.2- 0.3. The hillock has varying slopes and rocky portions. The area proposed for diversion is easily accessible by road and it is surrounded by revenue/agricultural lands and human habitations. This hillock is one of the series of hillocks that lie in a general south to North direction in this area. It has Mothadaka hillock on its south and Paddamaduru hillock on its north; both of them have been proposed for diversion separately. The proposed diversion area has a maximum elevation of around 728 ft MSL, as per google earth. 11.2 As per the layout plan, some areas have been earmarked for 'Food and Fun Zone', and 'Parking Lots', but these details are not reflected in the break-up of area required as given in the table form in the proposal. The User Agency may be asked to clarify on the above. 11.3 As per the proposal, an area of 10.55 ha is proposed for 'Hostels& Dormitories' though diversion of forest lands for such purposes is specifically discouraged. 11.4 As per the layout plan furnished by the user agency, a main road is proposed at the middle of the longitudinal axis of the hillock through its top, besides a network of roads. It appears that the road network has been proposed without considering the relief/slope of the hillock. The User Agency may need to clarify on this. 11.5 As per the layout, most of the project components including roads are falling on rocky areas which would require huge hill cutting. The User Agency has not provided any information on the actual area which requires hill cutting/quarrying and the quantum of materials expected to be extracted. The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component. 12. Suggestions/Recommendations: 12.1 The proposal is non-site specific and involves construction of lot of infrastructures including a network of roads on a hillock, which is expected to require huge hill cutting. The proposal does not have finer details/break-up of the intended final certified land use and it is silent on the quantum of hill cutting involved in its execution. It is learnt from the User Agency that as per the project design, various project components will have to be executed by different agencies / departments. This will amount to transfer / sublet the diverted forest area, for which prior approval of the Gol is required in each case. Hence, consideration of this proposal may require making enabling modifications in the existing FC guidelines in the first place, which needs to be decided by the competent authority. 12.2 If the proposal is taken up for further consideration, since the forest area required for the project does not appear to be the barest minimum, the User Agency may be directed to rationalize the actual area required by leaving out the rocky areas requiring huge hill cutting and also the areas proposed for residential accommodations, hostels and commercial buildings. The infrastructures for residential, commercial buildings, hostels, dormitories, etc shall be shifted to outside the forest area and the layout plan needs to be changed accordingly. 12.2.1 The State Government may be asked to submit a revised lay out plan on a digital elevation platform depicting all component land uses and open/green spaces along with a detailed report on the quantum of stone materials to be extracted for execution of the project; The provisions of the Mines and Minerals (Development and Regulation) amendment Act, 2015, or Rules framed there under will have to be adhered to by the User Agency in respect of the mining/quarrying component. 12.2.2 For each of the thematic zones proposed, further breakup of the forest land required, sub- component wise and clearly depicting the area to be kept as open space and green areas under each component may be sought for from the State Government, unless the requirement is relaxed by the competent authority. 12.2.3 It appears that an area of 3.00 ha where a central nursery including infrastructure like Bore well, pipeline, water tanks, 2 quarters exist at present has been included in the area proposed for diversion. It shall be excluded. 12.3 Subject to satisfactory compliance by the User Agency to the above conditions, the proposal may thereafter be considered by the FAC for appropriate decision. 12.4 In the event of the project being given approval by the GoI, the following conditions, among others, may be stipulated, if deemed fit; a. the User Agency shall submit an under taking not to use the area earmarked for the open & Green spaces for any other purpose; b. Chain link fencing or Wall along the boundary of the forest area proposed for diversion shall be constructed at the project cost to prevent encroachment; giving priority to the areas located near human habitations. c. The hill slopes shall be protected by the User Agency from erosion by undertaking structural as well as planting interventions wherever required. d. The User Agency shall arrange to meet the energy requirement of the project components by promoting Solar Energy and other green energy sources to the maximum extent possible. e. The User Agency shall not alter the natural course of streams in the proposed area and shall undertake to strengthen its banks both structurally and by planting trees. f. The State Government shall form a monitoring committee headed by an officer of sufficient seniority in the Forest Department along with a representative from the concerned Regional Office of the MoEF&CC, etc. 13. SITE INSPECTION REPORT (SLR) ON THE NON-FOREST LANDS IDENTIFIED FOR COMPENSATORY AFFORESTATION (CA)

Sl.No District Village Survey No Area in ha Remarks

1. Joukulpalli 260 1007.74 To be inspected 426, 754, 420, 58 To be inspected 2 . Atloor 1595.23 Kadapa 3. Kotapadu 613 186 To be inspected Kudumaluru 401 211 To be inspected 4 . 5. Prakasam Magatur 118 470.04 Inspected 6. Pothalpadu 1 50.57 inspected Total 3520.58

14. Observations on Site No 1: 50.57 ha non-forest area in Sy No 1 in Pothalapadu (Village), Tarlupadu (Mandal), Markapur (Range), Markapur (WL) Division.

14.1. Google image &Photograph of the 50.57 ha non-forest area:

15. Observations on Site No 2: 470.04 Ha in Sy No 118 of Magutur Village, Arthaveedu Mandal in Nagulavaram section of Markapur Range.

The identified Non-Forest area of 470.04 ha is of hilly terrain and situated adjacent to the Thurupukonda RF and Penusila RF on the Eastern side, Muthukur Beat on the northern side and Sri Peninsula Wildlife Sanctuary (Somasila back waters) on the western & Southern side. The soil type is reported to be red soil with stones and boulders. This CA land is proposed as a compensatory Afforestation site in lieu of the 3 diversion proposals by APCRDA, i.e, 123.82 ha for 'science city; 118.30 ha for `Eco-tourism Village' and another 227.92 ha for B iodiversity Park'. On account of the site's advantage of being adjacent to the RF as well as a Protected Area. this non-forest area is recommended for undertaking compensatory afforestation, subject to the following conditions;

16. In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 15th November, 2018 for their examination and appropriate recommendation. **** /),e.1,45 - 7

File No. 8-14/2018-FC Vol.

Subject : Approach Road, Downhill Pipe Conveyor and Feed & Transfer Point Area for Rama Iron Ore Mine ML No. 2621.

1.The State Goverment ofKamataka vide their letter no. FEE 33 FFM 2018 and date 01.09.2018 submitted the above mentoned proposal to obtain prior approval of central Goverment,in accordance with Section-2 of the Forest(Conservetion)Act,1980.

2. Details indicated in the proposal submitted by the Government of Karnataka are as below

FACT SHEET

1. Project Details

(i) Proposal No FP/KA/Others/27780/2017

Approach Road, Downhill Pipe Conveyor and Feed & Transfer Point Area for Name of the Proposal Rama Iron Ore Mine ML No. 2621.

Precambrian Iron Ore Mine ML No. 2621 has been auctioned and allocated to Short Narrative of the proposal and M/s. JSW Steel Ltd., Vijayanagar Works, Bellary after the C-Category Mine E- Project/scheme for which the forest land is auction on 02.10.2016. The Mining lease is spreaded over 33.80 ha in the Required Ramandurg Range, Ramanamalai Block Forest, Sandur North Range, Ramgad Village

(iv) Category Others (v) Total Area of the Forest Land (in ha.): 15.981

Total period for which the forest land is (vi) 50 proposed to be diverted(in years)

2. Location:

(i) State Karnataka

District Bellary

3. Detail of user agency

(i) Name of the user agency JSW STEEL LIMITED

Shape of forest land proposed to be Hybrid diverted (iii) Legal status of User Agency Private

4.Legal status of forest land proposed for diversion

S. No. Division Forest Land(ha.) Legal Status

1 Bellary 15.981 Section 4

5. Land use plan

Component wise breakup S.no Component Forest Land(ha.) Non-Forest Land(ha.)

1 Approach Road 3.63 0

2 Feed point area (FP-1) 1.71 0

3 Segment-1 falling in Forest Land 1.62 0

4 Transfer Point-1 1.797 0

5 Transfer Point-2 4.044 0

6 Segment-4 falling in Non-forest land 0 1.8144

7 Approach road all along Seg-4' in Non-forest land 0 1.392

8 Segment-5 falling in Non-forest land 0 0.726

9 Segment-2 falling in Forest Land 2.82 0

10 Segment-6 falling in Non-forest land 0 0.402

11 Segment-3 falling in Forest Land 0.36 0

6.Vegetation (i) Species-wise and diameter class wise enumeration of trees

S. No. Scientific Name Local Name (0-30)cm. (31-60)cm. (61-90)cm. (91-120)cm. (121-150)cm. (>150)cm.

1 Ficus Religiosa Alagali -1 13 1 0 0 0

2 Terminalia Arjuna Bili Matti 1

3 Dalbergia Latifolia Bete 1 1

4 Azadirachta Indica Bevina mara 1

5 Terminalia Tomentosa Budray 106 98

6 Lagerstroemia Parviflora Chennigi 0 32 2

7 Diasporus Melanoxylon ?Chata pata 0 8

8 Ficus Religiosa Alagali 1 13 1 0 0 0

9 Others 900 37

Density of Vegetation 0.04

(iii) Eco Class Eco 3 (iv) Total numbers of trees to be filled 1216

Less than 60(in cm.) (v) Total Tree to be retained . : 1173 Greatter than 60(in cm.): 43

The proposed area is having steep slope with vegetation, due to project every 7. Vulnerability of area to soil erosion chances of vulnerability of the forest area to erosion. Hence, the user agency is required to take up

Approximate distance of proposed site for 8. 0.00 diversion from boundry of forest (in Km.)

Significance of the forest land proposed 9. for diversion from wildlife point of view

Details of wildlife present in and around Wild bore. Panthers, Peacocks and Others (i) the forest land proposed for diversion

Whether forms part of national park. No wildlife sanctuary. biosphere reserve,tiger reserve, elephant corridor. wildlife migration corridor etc. Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified under Wildlife(Protection) Act,1972 (Note: In case, ESZ of a Protected Area is No not notified,then,101cms distance from boundary of the Protected Area should be treated as ESZ)::

Whether any national park, wildlife sanctuary, biosphere reserve, tiger reserve. elephant corridor, wildlife migration (iv) No corridor etc., is located within 1 Km. from boundary of the forest land proposed for diversion :

Whether any rare/endangered/unique (v) species of flora and fauna found in the area :

Whether any protected archaeological/ heritage site/ defence establishment or any 10. other important monument is located in No the area. if so, the details thereof with NOC from competent authority, ifrequired.

Whether the requirement of forest land as proposed by the User Agency is 11. unavoidable and bare minimum for the yes project. if no,recommended area item-wise with detailes of alternatives examined.

Whether any work in violation of the Act has been carried out(yes/No).if yes,details of the same including of the work 12. No done,action taken on erring officials. Whether work in violation is still under progress.

Details of compensatory afforestation 13. scheme

Patch wise details of non-forest or Revenue forest land to be provided by User Agency for CA

(i) Patch Wise Details S.no District Name Village Area(in ha.)

1 Raichur Halbhavi 16

Patch wise details for Degraded Area (To be earmarked by DFO)

No Data

Total Financial Outlay for C.A(lacs): 0 (iv) Whether the land identified by User No Data Agency is suitable for CA and from managementpoint of view:

Documentary evidence in support of settlement of rights in accordance with the provisions of the scheduled Tribes and 14. other Traditional Forest Not given Dwellers(Recognition of forest Rights) Act,2006 on the forest land proposed to be diverted enclosed.

Whether the project requires envirnment 15. Clearance

16. Catchment Area Treatment Plan

17. Rehabilitaion of Outstee

(i) Number of SC Families 0

(ii) Number of ST Families 0

(iii) Number of Backword Families 0

(iv) Copies of R&R Plan

18. Cost Benefit Analysis cost benefit analysis is 1:2766 pg. 93-97/c

19. Total cost of the project( in crore): 21000

20. Employment Potential Permanent Employee : 35 Temporary Employee : 3600 Total Employee : 3635

21. Details of Mining lease No

22. Undertaking to bear the cost of CA and NPV yes

23.District Profile

Geographical Forest area Total forest Forest Land Progress of Non- No. of Forest District area of the of the area diverted including compensatory land (in S.no Approved forest Name district (in district (in since 1980 (ni penal C.A. (in afforestation as land (in Cases ha. ) ha.) ha.) ha.) ha.) on(date) ha.)

1 Bellary 842000 1349.53 6476.58 91 2342.49 31/03/2017 2337.70 2728.00

Degraded forest land - 2342.49

Penal CA over Forest land - 2337.70 24. Total area proposed for afforested since 1980 - Non-Forest land - 2728.00

Total- 7408.19

Degraded forest land - 2342.49

Penal CA over Forest land - 2337.70 25. Total area afforested since 1980 - Non-Forest land - 2728.00

Total- 7408.19 26.Site Inspection Report

Site Date Of Division Circle Inspection Brief Details of SIR at DFO Visit By Bellary Bellary DFO 30/03/2018 Recommended for approval

Bellary CF 12/04/2018 The proposal is recommended as per the provisions of the FC Act, 1980.

Recommended for diversion of 15.981 ha. of forest land in RM Block & other villages Nodal in Ballari District for approach road, Downhill Pipe Conveyer and Feed & Transfer 09/05/2018 Officer Point area for Rama Iron ORe Mine (ML No. 2621) in favour of M/s JSW Steel Ltd., Vijayanagar works Ballari.

27.Recommendation with Specific conditions,(if any)

DFO/CF/PCCF/Nodal Officer

Re commendation Division Circle Recommendation Remarks/Conditions By Bellary Bellary DFO Recommended Recommended for approval

Bellary CF Recommended The proposal is recommended as per the provisions of the FC Act, 1980.

Recommended for diversion of 15.981 ha. of forest land in RM Block & other villages in Ballari District for approach road, Downhill Pipe Recommended Nodal Officer Conveyer and Feed & Transfer Point area for Rama Iron ORe Mine (ML No. 2621) in favour of M/s JSW Steel Ltd., Vijayanagar works Ballari.

28. Specific recommendation of the State Government

Recommendation State Recommendation Remarks/Conditions By FORWARDED THE PROPOSAL to CCOED IN PRINCIPLE STAGE 1 State Secretary Recommended Karnataka APPROVAL

29. Forwording Letter for Nodal Officer

30. Forwording Letter for State Government The PCCF (HoFF), Bengaluru vide his letter No. A5(1). MNG.CR.5/2017-18, dated : 09.05.2018 indicated the following details :

2. DCF, Ballari Division Report: the Deputy Conservator of Forests, Ballari Division. after receiving additional information from User Agency on 26-02-2018 has submitted the proposal to the Chief Conservator of Forests, Ballari Circle vide his letter dated 21-03-2018 duly recommending the proposal for diversion of 15.981 hectare. Further, the Chief Conservator of Forests. Ballari Circle. vide his letter dated 06-04-2018 has submitted the proposal to this office. The details of the proposal as reported by the Deputy Conservator of Forests, Balla, Division are as follows i. The proposed forest area falls under Eco-Class-III (Southern Tropical Dry deciduous forest). ii. The Flora and fauna observed in propOsed area are: a. Flora: Acacia catechu, Albizzia amara, Anogeissus latifolia, Cassia fistula Carissa Carandus and Dodonia viscose b. Fauna: Hare. Peafowl, Sloth bear. Wild boar, Leopard, Indian Porcupine, Grey partridge. iii. There are 1108. trees 431 cm & above GBH) in the proposed forest land as Per part-II iv. The proposed area is having steep slope with vegetation, however due to project activities there are chances of vulnerability of the forest area to erosion. Hence, the User Agency is required to take-up soil and moisture conservation works all along the approach road, Downhill Pipe Conveyor and Feed & Transfer Point area.

v. There are no protected / archaeological / heritage sites or defence establishments or important monuments located inside the proposed project area.

vi. The proposed forest land is not part of National Park, Wildlife Sanctuary, Biosphere Reserve. Tiger Reverse, elephant corridor. The proposed project area is 26.36 km away from Eco-sensitive zone of Gudekote Bear Sanctuary and 11.58 km away from Eco-sensitive zone of Daroji Bear Sanctuary. vii. There is no violation reported under Forest (Conservation) Act 1980. viii. The proposed area required for this project is 15.981 hectare, which is unavoidable and bare minimum.

The details of forest land proposed for diversion are as below. S. Purpose Length Width Total area Status No. of in in of land diversion meter meter In In ha. of forest Sqm land

i. RD-1 3025 12 36300 3.630 Section proposed Notified approach road land

SG-1 1350 12 16200 1.620 proposed Downhill pipe conveyor

SG-2 2350 12 25200 2.820 proposed Downhill pipe conveyor

iv. SG-3 300 12 3600 0.360 proposed Downhill pipe convey or

v. FP-1 199.45 85.78 17109 1.710 proposed feeding point of Downhill pipe conveyor vi. 191.01 94.09 17972 1.792 TP-1 proposed Transfer point of Downhill pipe conveyor vii. 381.55 105.99 40400 4.044 TP-2 proposed Transfer point of Downhill pipe conveyor

Total 15.981

ix. The User Agency has identified non-forest land in Sv.No..137, 138 & 140P of Halabhavi village, Lingasuguru Taluk, Raichur District over an extent of 15.981 hectare and the same is yet to be transferred and mutated in favour of Forest Department.. Further, they have also agreed to pay the CA charges towards raising of Compensatory Afforestation. x. Certificate in Form-I under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 from the Deputy Commissioner , Ballari District is not yet submitted to this office. xi. M/s 15W Steel Ltd. Toranagallu has submitted an undertaking for payment of Net Present Value (NPV) applicable. 3. CCF, Ballad Circle Report: Agreeing with the recommendation of the Deputy Conservator of Forests, Ballari Division, the Chief Conservator of Forests, Ballari Circle has recommended for diversion of forest land under Forest (Conservation) Act, 1980. However, it has been suggested that since the proposed forest area for approach road, Downhill Pipe Conveyor and Feed and Transfer Point area is running along steep slope of hillock, it is vulnerable to soil erosion and loss of vegetation. Hence, the User Agency may be instructed to take up Soil and Moisture Conservation works and afforestation in consultation with the forest Department. 4. Compensatory Afforestation: The User Agency has identified non- forest land in Sy No. 137, 138 & 140p of Halabhavi village, Lingastiglarif Taluk; .Raichur District over an extent of 15.981 ha for raising Compensatory Afforestation. The non-forest land is yet to be mutated and transferred in favour of Forest Department. However, agreement has been made between JSW and Sri Hanumappa Thimmanna, Sharana Basappa S/o Late Amarappa & Sangappa S/o Thimmanna (land owners). Deputy Conservator of Forests, Raichur has reported suitability of this land parcel for raising Compensatory Afforestation. The User Agency has given undertaking to pay Compensatory Afforestation charges. The details of proposed CA land are given below. Blocks Sy. No. Extent (in ha.)

Block —I 137 2.18 138 11.10

Block-II 140 2.72

Total 16.00

5. RoFR Compliance: With reference to the certificate in Form-I under the Scheduled Tribes Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, it is reported by Chief Conservator of Forests, Ballari that the User Agency has already requested the Deputy Commissioner in his letter dated 16-09-2017 to issue the same. The same is under consideration with the Deputy Commissioner, Ballari. 6. Net Present Value (NPV): M/s JSW Steel Ltd. Toranagallu has submitted an Undertaking for payment of Net Present Value (NPV) over an extent of 15.981 hectare. 7. It is reported that the proposed pipe conveyor belt, which is to be erected will be on columnar structures. However, it is suggested to fix the limitation of the time to operate the conveyor belt. in order to facilitate free movement and use of habital of wild animals in the landscape particularly from sound and other disturbance during the night time.

8. Further, it is to submit that the Honble Supreme Court in judgment dated 21-032017 passed in IA No. 247 & other IAs in Writ Petition Civil No. 562/2009 have approved construction of conveyor belt system, railway sidings and railway sub-lines as the most significant step towards controlling the environmental pollution that has persisted on account of open movement of iron ore by road.

9. In light of the facts stated above, the PCCF (HoFF) requested to consider the proposal for according in- principle (Stage—I) approval for diversion of 15.981 hectare of forest land in RM Block & other villages of Ballari District for approach road, Downhill Pipe Conveyer and Feed & Transfer Point area for Rama iron ore mine (ML No. 2621) in favour of M/s JSW Steel Ltd. Vijayanagar works, Ballari subject to the conditions specified as below:

1. The legal status of forest land shall remain unchanged and it shall continue to be forest land. The lessee shall pay lease rent as... fixed by the Government from time to time.

3. The lease tenure will be co-terminus with the lease under MMDR Act.

4. The User Agency has to pay the Net Present Value (NPV) of forest land diverted under this proposal as per Orders dated 28-3- 2008 and 9-5-2008 of the Honble Supreme Court of India. 5. The User Agency shall get 15.981 hectare compensatory affnrectation lanr1 miltaterl ac Forest And trancferred to the Foreqt I •

Department and shall pay CA charges. 6. The leased- area should be used for the purpose for which it is granted. In case the land is not aised for the stipulated purpose within one year or when it is no longer needed for the stipulated purpose, the area shall be resumed back. The Chief Conservator of Forests / Deputy Conservator of Forests Concerned-is - authorized to take necessary action in this regard. 7. In case of any violations, the Forest lease shall .be liable for forfeiture under.Section 82 of Karnataka Forest Act 1963. 8. No residential buildings shall be permitted in the leased forest area. 9. The Karnataka Forest Act, 1963 and Rules, 1969 and other relevant Acts & Rules and guidelines will be applicable for any violation.

10. In order to safeguard the wildlife interests and free movement of wild animals during

night, transportation of ore through Conveyer Belt will be limited between sunrise and sunset.

11. The User Agency shall ensure that there should be no damage to the available fauna and other flora. 12. No labour camp shall be established on the forest land.

13. Any damage to forest area due to such works shall be compensated by the user agency. The extent of damage shall be assessed by the concerned DCF.

14. The lessee shall not sub-lease, mortgage or hypothecate the forest area.

15. The User Agency shall also abide by the conditions imposed by Government of India. the Government of Karnataka and Principal Chief Conservator of Forest (Head of Forest Force).

Comments of Additional Information By :

i. TO Remarks

The State Govt. vide their letter no. FEE 33 FFM 2018 dated 01.09.2018 requested to communicate in-principle approval under section 2 of Forest (Conservation) Act, 1980 subject to the conditions stipulated by PCCF (HoFF) . pg. 8/c. The recommendation of PCCF (HoFF), Bengaluru may kindly be seen in his letter No. A5(1). MNG.CR.10/2017-18, dated : 09.05.2018 pg. 11-15/c

The Ministry vide its letter dated 01.11.2018 requested the State Govt. to provide the similar copy of the recommendation as uploaded because the recommendation of the State Govt. signed by the Under Secretary was not same . In addition, the shape file was also sought. Now the Govt. of Karnataka vide their letter no. FEE 33 FFM 2018 dated 13.11.2018 Pg. 104-106/c provided desired information.

In view of above, the facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 15.11.2018 for their examination and appropriate recommendation.

ii. AIG Remarks

iii. 1G Remarks

iv. ADG Remarks

v. DG Remarks r t 1 A/0 - /0

File No. 8-12/2018-FC Vol.

Subject : Diversion of 0.604 ha. of forest area proposed for Downhill Pipe Conveyor (DHPC) for Bhadra Iron Ore Mine ML No. 2365 and Tunga Iron Ore Mine ML No. 2366

1.The State Goverment ofKamatalca vide their letter no. FEE 28 FFM2018 and date 20.08.2018 submitted the above mentoned proposal to obtain prior approval of central Goverment,in accordance with Section-2 of the Forest(Conservetion)Act,1980.

2. Details indicated in the proposal submitted by the Government of Karnataka are as below

FACT SHEET

1. Project Details

(i) Proposal No FP/ICA/Others/27706/2017

Diversion of 0.604 ha. of forest area proposed for Downhill Pipe Conveyor Name of the Proposal (DHPC) for Bhadra Iron Ore Mine ML No. 2365 and Tunga Iron Ore Mine ML No. 2366

Bhadra Iron Ore Mine ML No. 2365 and Tunga Iron Ore Mine ML No. 2366 Short Narrative of the proposal and have been auctioned and allocated to M/s. JSW Steel Ltd., Vijayanagar Works, Project/scheme for which the forest land is Bellary after the C-Category Mine E-auction held on 04.10.2016. Both the Required Mining leases are spreaded over 130.53 ha. and 33.21 ha. in the Donimalai Block R

(iv) Category Others (v) Total Area of the Forest Land (in ha.): 0.604

Total period for which the forest land is (vi) 50 proposed to be diverted(in years)

2. Location:

(i) State Kamataka

District Bellary

3. Detail of user agency

(i) Name of the user agency JSW STEEL LIMITED

Shape of forest land proposed to be Linear diverted (iii) Legal status of User Agency Private

4.Legal status of forest land proposed for diversion

S. No. Division Forest Land(ha.) Legal Status 1 Bellary 0.604 Section 4

5. Land use plan

Component wise breakup S.no Component Forest Land(ha.) Non-Forest Land(ha.)

1 DHPC outside ML 2365 to Sy. No. 121 0.6039999996 3.923599992

6.Vegetation (i) Species-wise and diameter class wise enumeration of trees

S. No. Scientific Name Local Name (0-30)cm. (31-60)cm. (61-90)cm. (91-120)cm. (121-150)cm. (>150)cm. 1 Grewia Tiliaefolia Jani 3 0 0 0 0

2 Hardwickia Binnata Kamara 1 0 0 0 0

3 Others others 18

(ii) Density of Vegetation 0.01

(iii) Eco Class Eco 3

(iv) Total numbers of trees to be filled 22

(v) Total Tree to be retained . Less than 60(in cm.) : 22 Greatter than 60(in cm.): 0

Approximate distance of proposed site for 8. 0.00 diversion from boundry of forest (in Km.)

9 Significance of the forest land proposed for diversion from wildlife point of view

Details of wildlife present in and around (i) the forest land proposed for diversion Wild bore, Panthers, Peacocks and Others

Whether forms part of national park, wildlife sanctuary. biosphere reserve,tiger (ii) No reserve, elephant corridor, wildlife migration corridor etc.

Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified under (iii) Wildlife(Protection) Act,1972 (Note: In case, ESZ of a Protected Area is No not notified,then,10kms distance from boundary of the Protected Area should be treated as ESZ)::

Whether any national park, wildlife sanctuary. biosphere reserve, tiger reserve, elephant corridor, wildlife migration (iv) No corridor etc., is located within 1 Km. from boundary of the forest land proposed for diversion :

Whether any rare/endangered/unique species of flora and fauna found in the area No (v) .

Whether any protected archaeological/ heritage site/ defence establishment or any 10. other important monument is located in the No area. if so, the details thereof with NOC from competent authority, ifrequired. 11. Whether the requirement of forest land as yes. pg. 57/c proposed by the User Agency is unavoidable and bare minimum for the project. if no,recommended area item-wise with detailes of alternatives examined.

Details of compensatory afforestation 13. scheme

Patch wise details of non-forest or Revenue forest land to be provided by User Agency for CA (i)

No Data

Patch wise details for Degraded Area (To be earmarked by DFO)

Patch Wise Details S.no Patch No. Area(ha.) Name of PF7RF Range Compartment No

1 1 0.604 Others Hospet 10A/al

Total Financial Outlay for C.A(lacs): 164288

Whether the land identified by User (iv) Agency is suitable for CA and from No Data managementpoint of view:

Documentary evidence in support of settlement of rights in accordance with the provisions of the scheduled Tribes and 14. other Traditional Forest yes Dwellers(Recognition of forest Rights) Act,2006 on the forest land proposed to be diverted enclosed.

Whether the project requires envirnment 15. Clearance

16. Catchment Area Treatment Plan

17. Rehabilitaion of Outstee

(i) Number of SC Families 0

(ii) Number of ST Families 0 (iii) Number of Backword Families 0 (iv) Copies of R&R Plan 18. Cost Benefit Analysis

19. Total cost of the project( in crore): 450

20. Employment Potential Permanent Employee : 5 Temporary Employee : 750 Total Employee : 755

21. Details of Mining lease No

Undertaking to bear the cost of CA and 22. yes NPV

23.District Profile

Geographical Forest area Total forest Forest Land Progress of Non- No. of Forest District area of the of the area diverted including compensatory forest S.no Approved land (in Name district (in district (in since 1980 (in penal C.A. (in afforestation as land (in Cases ha.) ha.) ha.) ha.) ha.) on(date) ha.)

1 Bellary 842000 1349.53 6476.58 91 2342.49 31/03/2017 2337.70 2728.00

Degraded forest land - 2342.49

Total area proposed for afforested since Penal CA over Forest land - 2337.70 24. 1980 - Non-Forest land - 2728.00

Total- 7408.19

Degraded forest land - 2342.49

Penal CA over Forest land - 2337.70 25. Total area afforested since 1980 - Non-Forest land - 2728.00

Total- 7408.19

26.Site Inspection Report

Site Date Of Division Circle Inspection visit Brief Details of SIR at DFO By Bellary Bellary DFO 23/02/2018 Recommended for approval

Bellary CF 23/03/2018 Recommended for approval

Nodal 21/04/2018 Recommended for diversion of 0.604 ha. of forest land in favour of M/s JSW Steel Officer Ltd.

27.Recommendatiun with Specific conditions,(if any)

DFO/CF/PCCF/Nodal Officer

Bycommendatione Division Circle Recommendation Remarks/Conditions R Bellary Bellary DFO Recommended Recommended for approval

Bellary CF Recommended Recommended for approval

Nodal Officer Recommended Recommended for diversion of 0.604 ha. of forest land in favour of M/s JSW Steel Ltd.

28. Specific recommendation of the State Government

'State IRecommendationlRecommendationlRemarks/Conditions Ci 3

By Karnataka State Secretary Recommended RECOMMENDED

29. Forwording Letter for Nodal Officer

30. Forwording Letter for State Government The PCCF (HoFF), Bengaluru vide his letter No. A5(1). MNG.CR.9/2017-18, dated : 21.04.2018 indicated the following details :

DCF, Ballari Division Report: In response, the DCF, Ballari Division after receiving additional information from user agency has submitted the proposal to the CCF. Ballari circle vide his letter dated 20.02.2018 duly recommending the proposal for diversion of 0.604 ha. further, the CCF. Ballari circle, vide his letter dated 14.03.2018 has submitted the proposal to this office. The details of the proposal as reported by the DCF, Ballari Division are as follows:

The proposed forest area falls under Eco-Class — III (southern Dry deciduous forest)

The flora and fauna observed in proposed area are:

Flora: Acacia catechu, Albizzia amara, Anogeissus latifolia, Cassia Fistula Carissa Carandus and Dodonia viscose.

Fauna: Hare, peafowl, sloth Bear, Wild boar Leopard etc.

As the proposed forest area for Downhill Pipe conveyor is running along steep slope of hillock it is vulnerable to soil erosion and loss of vegetation Hence, the User Agency is advised to take up soil and moisture conservation & afforestation works along the Downhill Pipe Conveyor.

iv. There are no protected / archaeological / heritage sites or defence establishments or important monuments located inside the proposed project area.

The proposed forest land is not part of Natibnal park. wildlife Sanctuary, Biosphere Reserve, Tiger Reverse, elephant corridor, etc. The proposed Project area is 18.4 Km away from the Gudekote Bear Sanctuary and 11.2 Km away from Daroji Bear Sanctuary.

vi. There is no violation reported under Forest (Conservation) Act, 1980.

vii. The proposed area required for this project is 4.527 ha out of this , 0.604 ha falls in forest land in Sandur South Range and 3.9236 ha is falling in revenue land (Non-forest land). The details of forest land proposed for diversion is as below.

S. Component Name Village Forest Legal No proposed of the land Status of in forest Forest proposed land area Block in ha. 1. Segment -2 D.M. Bannihatti 0.604 Karnataka Block Forest Act 1963 Section 4 notified area. Total 0.604

The user agency has identified non- forest (patta land) land in sy. No. 10 Alal of Gandiganur Village, Hosapete Taluk, Ballari District over an extent diversion of 0.604 ha of forest land for raising Compensatory Afforestation. CA land has not been transferred to Forest Department. Agreement has been made between JSW and N. Somappa (land owner). 4 ix. M/s JSW Steel Limited has not submitted Form-I under the scheduled Tribes and Other Traditional forest Dwellers (Recognition of Forest Rights) Act, 2006.

x. M/s JSW Steel ltd. Toranagallu has submitted an undertaking for payment of NPV applicable.

CCF, Ballari circle report: Agreeing with the recommendation of the DCF, Ballari Division, Ballari, CCF, Ballari Circle has requested to consider the proposal for diversion forest land under Forest (Conservation) Act, 1980 in light of the directions issued by the Hon'ble Supreme Court of India in WP No. 562/2009 dated 21.03.2017 wherein it has directed to install the pipe conveyor belt as it avoids dust and reduces the traffic on the road while transporting mined ore through vehicles.

Compensatory Afforestation: The user Agency has identified non- forest (Patta land) land in Sy. No. 10A/al Gadiganur Village, Hosapete Taluk, Ballari District over an extent of 0.604 ha in lieu of the diversion of 0.604 ha of forest land for raising CA. This land has not yet been transferred to Forest Department. However, agreement has been made between JSW and N. Somappa and a copy of the agreement is provided . DCF, Ballari has reported fitness of this land parcel for raising CA.

RoFR Compliance : with reference to the certificate in Form-I under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 , it is reporte4d that Deputy Commissioner in his letter dated 20.11.2017 has already issued direction to Assistant Commissioner, Ballari and district Tribal Welfare Officer, Ballari for conducting Grama Sabha meeting and to submit the proceedings. Certificate pertaining to Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is pending.

Net Present Value (NPV) : M/s JSW Steel Ltd. Torannagallu has submitted an undertaking for payment of NPV over an extent of 15.981 ha.

Further , it is to submit that the Hon'sble supreme Court in judgement dated 21.03.2017 passed in IA No. 247 & other IAs in writ Petition Civil No. 562/2009 have approved construction of conveyor belt system, railway sidings and railway sub-lines as the most significant step towards controlling the environmental pollution that has persisted on account of open movement of iron ore by road.

In light of the facts stated above, it is requested to move the proposal with the GoI for according in-principle approval for diversion of 0.604 ha of forest land in DM Block & Sy. No. 121 of Bannihatti Village of Sandur Taluk, Ballari District for establishing Downhill Pipe Conveyor (DPC) for Bhadra iron ore mine ML No. 2365 and Tunga Iron ore mine ML No. 2366 in favour of M/s JSW steel Ltd. gidyanagar, Ballari District subject to the conditions specified in Annexure A

i. The legal status of Forest land shall remain unchanged and it shall continue to be forest land.

The lessee shall pay lease rent as fixed by the Govt. from time to time.

The lease tenure will be co-terminus with the lease under MMDR Act. iv. The user has to pay the NPV of forest land diverted under this proposal as per Orders dated 28.03.2008 and 09.05.2008 of the Hon'ble Supreme Court of India.

v. The User Agency shall get 0.604 ha CA land mutated as forest and transferred to the Forest Department and shall pay CA charges for 0.604 ha. vi. The leased area should be used for the purpose for which it is granted. In case the land is not used for the stipulated purpose within one year or when it is no longer needed for the stipulated purpose, the area shall be resumed back. The CCF m/DCF concerned is authorized to take necessary action in this regard.

vii. In case of any violations , the forest lease shall be liable for forfeiture under section 82 of Karnataka Forest Act. 1963

viii. No residential buildings shall be permitted in the leased forest area.

ix. The Karnataka Forest Act, 1963 and Rules , 1969 and other relevant Acts & Rules will be applicable for any violation.

x. In order to safeguard the wildlife interests and free movement of wild animals during night, transportation of ore through Conveyer Belt will be limited to sunrise to sunset.

xi. The user Agency shall ensure that there should be no damage to the available fauna and other flora.

No labour camp shall be established on the forest land .

Any damage to forest area due to such works shall be compensated by the user agency. the extent of damage shall be assessed by the concerned DCF.

xiv. The lessee shall not sub-lese, mortgage or hypothecate the forest area.

The user agency shall also abide by the conditions imposed by Gol, the Government of Karnataka and PCCF (HoFF)

Comments of Additional Information By : i. TO Remarks

TThe State Govt. vide their letter no. FEE 28 FFM2018 dated 20.08.2018 requested to communicate in-principle approval under section 2 of FCA subject to the condition subject to conditions stipulated by PCCF (HoFF) . pg. 17/c.

The Ministry vide its letter dated 01.11.2018 requested the State Govt. to provide the similar copy of the recommendation as uploaded because the recommendation of the State Govt. signed by the Under Secretary was not same . In addition, the shape file was also sought. Now the Govt. of Karnataka vide their letter no. FEE 28FFM2018 dated 13.11.2018 Pg. 67-68/c, provided desired information.

In view of above, the facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 15.11.2018 for their examination and appropriate recommendation ii. AIG Remarks iii. IG Remarks iv. ADG Remarks v. DG Remarks vi. Secretary Remarks vii. MOS Remarks viii. MEF Remarks / / / / // File No. 8-07/2018-FC Vol.

Subject : Diversion of 5.271 ha. of forestland for Existing/Proposed Approach Road, Downhill Pipe Conveyor, Service Roads, Transmission Line Cable and Water Pipeline in S.M. Block, Sandur South Range, Lakshmipura Village, Sandur Taluk, Ballari District, Karnataka.

1.The State Goverment ofKamataka vide their letter no. FEE 29 FFM 2018 and date 20.08.2018 submitted the above mentoned proposal to obtain prior approval of central Goverment,in accordance with Section-2 of the Forest(Conservetion)Act,1980.

2. Details indicated in the proposal submitted by the Government of Karnataka are as below

FACT SHEET

1. Project Details

(i) Proposal No FP/KA/Others/26566/2017

Diversion of 5.271 ha. of forestland for Existing/Proposed Approach Road, Downhill Pipe Conveyor, Service Roads, Transmission Line Cable and Water Name of the Proposal Pipeline in S.M. Block, Sandur South Range, Lakshmipura Village, Sandur Taluk, Ballari District. Kamataka.

S.J. Harvi Iron Ore Mine ML No. 2290 has been auctioned and allocated to Short Narrative of the proposal and M/s. JSW Steel Ltd., Vijayanagar Works, Bellary after the C-Category Mine Project/scheme for which the forest land is E-auction on 07.10.2016. The Mining lease is spreaded over 100.54 ha in the Required Devadarigudda Range. Kumarswamy Block Forest, Sandur Taluk, Ballari District,

(iv) Category Others (v) Total Area of the Forest Land (in ha.): 5.271

Total period for which the forest land is (vi) 50 proposed to be diverted(in years)

2. Location:

(i) State Karnataka

District Bellary

3. Detail of user agency

(i) Name of the user agency JSW STEEL LIMITED (ii) Shape of forest land proposed to be diverted Linear

(iii) Legal status of User Agency Private

4.Legal status of forest land proposed for diversion

S. No. Division Forest Land(ha.) Legal Status

1 Bellary 5.271 Section 4

5. Land use plan

Component wise breakup S.no Component Forest Land(ha.) Non-Forest Land(ha.)

1 Existing Approach Road 2.592 0

2 Newly Proposed Approach Road 1.155 0 3 SR-1 : PROPOSED SERVICE ROAD FOR 0.298 0 DOWNHILLCONVEYOR

4 SR-2 : PROPOSED SERVICE ROAD FOR 0.202 0 DOWNHILLCONVEYOR

5 SR-3 : PROPOSED SERVICE ROAD FOR 0.17 0 DOWNHILL CONVEYOR

6 PROPOSED DOWNHILL CONVEYOR 0.853992 0

6.Vegetation (i) Species-wise and diameter class wise enumeration of trees

S. (0- (31- (61- (91- (121- Scientific Name Local Name (>150)cm. No. 30)cm. 60)cm. 90)cm. 120)cm. 150)cm.

1 Ficus Religiosa Arali 1 0 0 0 0 0

2 Albizzia lebbeck Baag 11 0 0 0 0 0

3 Azadirachta Indica Bevu 19 3 0 0 0 0

4 Prosophis Juliflora Ballari Jaali 2 0 0 0 0 0

5 Aegle Marmelos Bilva Patri 3 0 0 0 0 0

6 Terminalia Tomentosa Budure 39 0 0 0 0 0

7 Lagerstroemia Parviflora Channangi 5

8 Boswellia Serrata Dhupa 9 6 3

9 Pongamia Pinnata Honge 17

10 Pterocarpus Marsupium Honne 43 2

11 Dalbergia Latifolia Ibbani 2

12 Grewia Tiliaefolia Jani 14 1

13 Calamus twaitesii (Handi Jiledu 1 betta)

14 Cassia Fistula kakke 3

15 Hardwickia Binnata kamara 7 2

16 embelica officinalis Nelli 6

17 Cassia Siamea Seema 84 6 Thangadi

18 Tectona Grandis Thaeaa 15 1

19 Acacia Catechu Thereddu 136 1

20 Albezzia Amara Thungi 1

21 Others 657 20 1

Density of Vegetation 0.01

Eco Class Eco 3 C 4

(iv) Total numbers of trees to be filled 1121

(v) Total Tree to be retained . Less than 60(in cm.) : 1117 Greatter than 60(in cm.): 4

Approximate distance of proposed site for 8. 0.00 diversion from boundry of forest (in Km.)

Significance of the forest land proposed 9 for diversion from wildlife point of view

Details of wildlife present in and around the (i) Wild bore, Panthers, Peacocks and Others forest land proposed for diversion

Whether forms part of national park, wildlife sanctuary, biosphere reserve,tiger reserve (ii) , No elephant corridor, wildlife migration corridor etc.

Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified under Wildlife(Protection) Act,1972 (Note: (iii) No In case, ESZ of a Protected Area is not notified,then,10kms distance from boundary of the Protected Area should be treated as ESZ)::

Whether any national park, wildlife sanctuary, biosphere reserve, tiger reserve, (iv) elephant corridor, wildlife migration corridor No etc., is located within 1 Km. from boundary of the forest land proposed for diversion :

Whether any rare/endangered/unique species (v) of flora and fauna found in the area :

Whether any protected archaeologicaU heritage site/ defence establishment or any 10. other important monument is located in the No area. if so, the details thereof with NOC from competent authority, ifrequired.

Whether the requirement of forest land as proposed by the User Agency is unavoidable 11. and bare minimum for the project.if yes no.recommended area item-wise with detailes of alternatives examined.

Whether any work in violation of the Act has been carried out(yes/No).if yes,details of the 12. same including of the work done.action No taken on erring officials. Whether work in violation is still under progress.

Details of compensatory afforestation 13. scheme (i) Patch wise details of non-forest or Revenue forest land to be provided by User Agency for CA

Patch Wise Details

S.no District Name Village Area(in ha.)

1 Raichur Bagalagudda 5.271

Patch wise details for Degraded Area (To be earmarked by DFO) (ii)

No Data

(iii) Total Financial Outlay for C.A(lacs): 0

Whether the land identified by User Agency (iv) is suitable for CA and from No Data managementpoint of view:

Documentary evidence in support of settlement of rights in accordance with the 14. provisions of the scheduled Tribes and other Traditional Forest Dwellers(Recognition of forest Rights) Act,2006 on the forest land proposed to be diverted enclosed.

Whether the 15. project requires envirnment Clearance

16. Catchment Area Treatment Plan

17. Rehabilitaion of Outstee

(i) Number of SC Families 0

(ii) Number of ST Families 0

(iii) Number of Backword Families 0

(iv) Copies of R&R Plan

18. Cost Benefit Analysis cost benefit Ratio is 1:3828 pg. 59-63/c

19. Total cost of the project( in crore): 1000

20. Employment Potential Permanent Employee : 50 Temporary Employee : 3000 Total Employee : 3050

21. Details of Mining lease No

22. Undertaking to bear the cost of CA and NPV yes

23.District Profile

Geographical Forest area Total forest Forest Land Progress of Non- District area of the No. of Forest S.no of the area diverted including compensatory forest Name Approved land (in district (in district (in since 1980 (in penal C.A. (in afforestation as land (in Cases ha.) ha.) ha.) ha.) ha.) on(date) ha.) 1 Bellary 842000 134953 6476.58 91 2342.49 31/03/2017 2337.70 2728.00 24. Total area proposed for afforested since 1980 Degraded forest land - 2342.49

Penal CA over Forest land - 2337.70

Non-Forest land - 2728.00

Total- 7408.19

Degraded forest land - 2342.49

Penal CA over Forest land - 2337.70 25. Total area afforested since 1980 - Non-Forest land - 2728.00

Total- 7408.19

26.Site Inspection Report

Site Date Of Division Circle Inspection Brief Details of SIR at DFO Visit By Bellary Bellary DFO 22/02/2018 Recommended for approval

Bellary CF 23/03/2018 Recommended for approval

Nodal Recommended for diversion of 5.271 ha. of forest land in favour of M/s JSW Steel 21/04/2018 Officer Ltd.

27.Recommendation with Specific conditions,(if any)

DFO/CF/PCCF/Nodal Officer

BRycommendatione Division Circle Recommendation Remarks/Conditions

Bellary Bellary DFO Recommended Recommended for approval pg. 32/c

Bellary CF Recommended Recommended for approval pg. 27/c Recommended for diversion of 5.271 ha. of forest land in favour of M/s Recommended Nodal Officer JSW Steel Ltd. pg. 13/c

28. Specific recommendation of the State Government

Recommendation State Recommendation Remarks/Conditions B y Karnataka State Secretary Recommended RECOMMENDED pg.69/c

29. Forwording Letter for Nodal Officer The PCCF (HoFF), Bengaluru vide his letter No. A5(1). MNG.CR.5/2017-18. dated : 21.04.2018 indicated the following details :

1. DCF, Ballari Division Report: In response, the Deputy Conservator of Forests, Ballari Division, after receiving additional information from User Agency on 17-02-2018 has submitted the proposal to the Chief Conservator of Forests. Ballari Circle vide his letter dated 19-02-2018 (ref-3) duly recommending the proposal for diversion of 5.271 hectare. Further, the Chief Conservator of Forests, Ballari Circle, vide his letter dated 14-03- 2018 (ref-4) has submitted the proposal to this iv

office. The details of the proposal as reported by the Deputy Conservator of Forests, Ballari Divisionre as follows.

i. The proposed forest area falls under Eco-Class-III (Southern Dry deciduous forest). ii. The Flora and fauna observed in proposed area are: i. Flora: Acacia catechu, Albizzia amara, Anogeissus latifolia, Cassia fistula Carissa Carandus and Dodonia viscose ii. Fauna: Hare, Peafowl, Sloth bear, Wild boar, Leopard, etc. iii. There are 46 trees in the proposed forest land as per Part-II. iv. The proposed area is having steep slope with vegetation, however due to project activities there are chances of vulnerability of the forest area to erosion. Hence, the user agency is required to take up soil & moisture Conservation works all along the Approach Road, Downhill Pipe Conveyor (DPC) and Service Road. v. There are no protected / archaeological / heritage sites or defence establishments or important monuments located inside the proposed project area. vi. The .proposed forest land is not part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger. Reverse, elephant corridor, etc. The proposed project area is 16.26 km away from the Gudekote Bear Sanctuary and 17.34 km away from Daroji Bear Sanctuary. vii. There is no violation reported under Forest (Conservation) Act 1980. viii. The proposed area required for this project is 5.271 hectare, which is unavoidable and bare minimum. ix. Initially this proposal was submitted for an extent of 4.165 ha of forest land. After the joint survey the extent of forest land is increased to 5.271 ha. The details of forest land proposed for diversion is as below.

Total area Purpose of Si divers ion of Length Width Status of No. forest land in meter in metes land in Sqm in ha Existing approach road 2592 10 25920 2.592

Approach road - _ 2 11DD in virgin area 10 11550. 1.155 Section 3 Service Road-I 298 10 2980 0.298 4 Notified 4 Service Road-2 202 10 2020 0.202 land 4 4

5 Service Road-3 170 10 1700 0.170 Downhill 6 712 Conveyor 12 8544 0.854

Total 5.271

x. The User Agency has identified non- forest (patta) land in Sy.No. 67 of Baggalagudda village, Lingasuguru Taluk, Raichur District over an extent diversion of 5.271 hectare in lieu of diversion of 5.271 hectare of forest land for raising Compensatory Afforestation. Certificate in Form-1 under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 from the Deputy Commissioner, Ballari District is not yet submitted to this office. The same will be submitted by M/s JSW Steel Ltd before Stage-11 Clearance.

xii M/s JSW Steel Ltd. Toranagallu has submitted an undertaking for payment of Net Present Value (NPV) applicable. 3. CCF, Ballari Circle Report: Agreeing with the recommendation of the Deputy Conservator of Forests, Ballari Division, the Chief Conservator of Forests, Ballari Circle has requested to consider the proposal for diversion of forest land under Forest (Conservation) Act, 1980 in light of the directions issued by the Honble Supreme Court of India in .Writ Petition N61562/2009 dated 21- 03-2017 wherein it has directed to install the pipe conveyor belt as it avoids dust and reduces the traffic on the road while transporting mined ore through vehicles. 4. Compensatory Afforestation: The User Agency has identified non-forest land in Sy No. 67 of Beggalagudda village, Lingasuguru Taluk, Raichur District over an extent of 13.024 Acre (5.271 ha.) for raising Compensatory Afforestation. The non-forest land is yet to be mutated and transferred in favour of Forest Department. 1 However, agreement has been made between JSW and Ambuja Mutalik (land owner). DCF. Raichur has reported fitness of this land parcel for raising Compensatory Afforestation.

5. RoFR Compliance: With reference to the certificate in Fotiii-I under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. 2006. it is reported that the Deputy Commissioner in his letter dated 07-09-2017 has already, issued directions to Assistant Commissioner, Ballari and District Tribal Welfare Officer. Ballari for conducting Grama Sabha meeting and to submit the proceedings. Certificate pertaining to FRA is pending. 6. Net Present Value (NPV): M/s JSW Steel Ltd. Toranagallu has submitted an undertaking for payment of Net Present Value (NPV) over an extent of: 5.271 hectare. Ja: 4 iv

7. It is reported that the proposed pipe conveyor belt, which is to be erected will be on columnar structures. However, it is suggested to fix the limitation of the time to operate the conveyor belt, in order to facilitate free movement and use of habital of wild animals in the landscape particularly from soun-d and other disturbance during the night time. 8. Further, it is to submit that the Honble Supreme Court in judgment dated 21-032017 (copy enclosed) passed in IA No. 247 & other IAs in Writ Petition Civil No. 562/2009 have approved construction of conveyor belt system, railway sidings old railway sub-lines as the most significant step towards controlling the environmental pollution that has persisted on account of open movement of iron ore byroad.

In light of the facts stated above, the PCCF (HoFF) requested to consider the proposal for according in- principle (Stage—I) approval for diversion of 5.271 hectare of forest land in SM Block in Lakshmipura Village of Sandur Taluk, Ballari District for approach road, Downhill Pipe Conveyor (DPC) and service road for DPC for Devadari Iron ore Mine ML No.2290 in favour of M/s JSW Steel Ltd, Torangallu subject to the conditions specified as below:

1. The legal status of Forest land shall remain unchanged and it shall continue to be forest land. 2. The lessee shall pay lease rent as fixed by the Govt. from time to time. 3. The lease tenure will be co-terminus with the lease under MMDR Act. 4. The User Agency has to pay the Net Present Value (NPV) of forest land diverted under this proposal as per Orders dated 28-3-2008 and 9-5-2008 of the Honble Supreme Court of India. 5. The User Agency shall get 5.271 hectare compensatory afforestation land mutated as Forest and transferred to the Forest Department and shall pay CA charges for 5.271 hectare. 6. The leased area should be used for the purpose for which it is granted. In case the land is not used for the stipulated purpose within one year or when it is no longer needed for the stipulated purpose, the area shall be resumed back. The Chief Conservator. of. Forests Deputy Conservator of Forests .concerned is authorized to take necessary action in this regard. 7. In case of any violations, the Forest lease shall be liable for forfeiture under Section 82 of Karnataka Forest Act 1963. 8. No residential buildings shall be permitted in the leased forest area. 9. The Karnataka Forest Act, 1963 and Rules, 1969 and other relevant Acts & Rules will be applicable for any violation. 10.1n order to safeguard the wildlife interests and free mrwPmant nf wild animalc &wino night trancnortatinn nf It b.

V VI. Tv alt.. la LLLLLL Ita5 111,5111., ore through Conveyer Belt will be limited to sunrise to sunset. 11.The User Agency shall ensure that there should be no damage to the available fauna and other flora. 12.No labour camp shall be established on the forest land. 13.Any damage to forest area due to such works shall be compensated by the User Agency. The extent of damage shall be assessed by the concerned Deputy Conservator of Forests. 14.The lessee shall not sub-lease, mortgage or hypothecate the forest area.

15.The User Agency shall also abide by the conditions imposed by Government of India, the Government of Karnataka and Principal-Chief-Conservator of Forests.

The State Govt. vide their letter no. FEE 29 FFM 2018 dated 20.08.2018 requested to communicate in-principle approval under 30. Forwording Letter for State Government section 2 of Forest (Conservation) Act, 1980 subject to the conditions stipulated by PCCF (HoFF) . pg. 5/c.

Comments of Additional Information By :

i. TO Remarks

The State Govt. vide their letter no. FEE 29 FFM 2018 dated 20.08.2018 requested to communicate in-principle approval under section 2 of Forest (Conservation) Act, 1980 subject to the conditions stipulated by PCCF (HoFF) . pg. 5/c. The recommendation of PCCF (HoFF), Bengaluru may kindly be seen in his letter No. A5(1). MNG.CR.5/2017-18, dated : 21.04.2018 pg. 8-12/c

DCF in his Site Inspection Report (SIR) pg. 28/c mentioned that he inspected the proposed diversion of 5.271 ha of forest area for Approach Road, Downhill Pipe conveyor (DPC) and Service Road for DPC for Devadari Iron Ore Mine ML No. 2290 on 27.01.2018 in Swamymalai Block of Sandur South range, Lakshmipura village, Sandur Taluk, Ballari Dist.. from forest boundary to lease boundary of Swamymalai Forest block and cross checked with GPS Readings marked on DGPS surveyed map for both i.e. approach road and downhill conveyor corridor (DPC). The details of forest area is as follows:

Total area Si Purpose of diversion of Length Width Status of No. forest land in meter in meter land in Sqm in ha

1 Existing approach road 2592 10 25920 2.592

Approach road in virgin 2 1155 10 11550. 1.155 area Section 4 3 Service Road-1 298 10 2980 0.298 Notified land 4 Service Road-2 202 10 2020 0.202

5 Service Road-3 170 10 1700 0.170

6 Downhill Conveyor 712 12 8544 0.854

Total 5.271 Swamymalai Forest Blocks in Sandur South Range is a notified forest under Section-4 of Karnataka Forest Act, 1963 vide Notification No. FFD-29, FAF-84. Dated 28.02.1985. The proposed forest area is having Eco-class III, Southern Tropical Dry Deciduous Forest. The proposed forest land is not part of National Park, Wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. and the proposed project area is 16.26 km away from the Gudekote Bear Sanctuary and 17.34 km away from Daroji Bear Sanctuary.

The proposed forest land for Approach Road, Downhill Pipe Conveyor (DPC) and Service Road for DPC is recommended as per directions issued by the Honble Supreme Court in its W.PNo. 562/2009 and guidelines issued by Central Empowered Committee (CEC) for transportation of minerals through Conveyor belt and Railway sidings which will minimize the pollution and vehicular traffic in the project area.

The Ministry vide its letter dated 01.11.2018 requested the State Govt. to provide the similar copy of the recommendation as uploaded because the recommendation of the State Govt. signed by the Under Secretary was not same . In addition, the shape file was also sought. Now the Govt. of Karnataka vide their letter no. FEE 29 FFM 2018 dated 13.11.2018 Pg. 67-68/c provided desired information.

In view of above, the facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 15.11.2018 for their examination and appropriate recommendation. ii. AIG Remarks iii. IG Remarks iv. ADG Remarks v. DG Remarks vi. Secretary Remarks vii. MOS Remarks viii. MEF Remarks