AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 30th AUGUST, 2018
Sandeep Sharma, AIGF (FC)
S. Page File No. Name of the proposal State Area (ha.) Category No. No.
1. Gangaramchak & Gangaramchak-Bhadulia Coal Mine ( open 8-45/2018-FC West Bengal 101.77 Mining 3 cast )
Proposal for according permission or use of 0.64 ha of forest land within total forest land of 249 ha located inside Rabipur 2. reserved forest land in Talcher forest Range of Angul forest 8-04/2015-FC Orissa 0.64 Mining 9 division for under exploratory drilling of 16 no. of boreholes @0.04 ha each in forest area of Chandrabila Coal block of Angul district, Odisha. Diversion of 249.90 ha of forest land in village Prasabera, 3. Kedla, Duni and Barughuttu in West Bokaro Colliery, in 8-80/2010-FC Jharkhand 249.90 Mining 13 favour of M/s Tata Steel Ltd. Ramgarh forest division, district Hazaribagh, Jharkhand. Diversion of 162.394 ha. (159.064 ha+3.33ha of safety zone) of forest land for Tubed Coal Block in favour of Tubed Coal 4. 8-24/2013-FC Jharkhand 162.39 Mining 25 Mines Limited in Latehar district in the state of Jharkhand- pending since 2014. Proposal for prior approval under section 2 (iii) of forest (conservation) act, 1980 for 229.00 ha forest land for 5. 8-82/2016-FC Maharashtra 229.00 Mining 27 Limestone Mining at village Naokari-Kusumbi, distt. Chandrapur in favour of M/s Manikgarh Cement Ltd. Diversion of 48.83 ha of forest land for Construction of Markatola Tank in favour of Water resource department, 6. 8-32/2018-FC Chhattisgarh 48.83 Mining 29 Rajnandgaon under forest (conservation) act, 1980 in Rajnandgaon district in the State of Chhattisgarh.
Clarification sought by govt. of Jharkhand for Violation of 7. 11-83/2018-FC Nil NIL Policy issue 34 fca 1980 in Kathautia Coal Block in Jharkhand.
Modification in MOEF&CC guidelines dated 09.05.2018 for 5-3/2007-FC 8. Stipulating the Norms for Survey and investigation Nil NIL Policy issue 37 (PT.) (Prospecting of Ores) on forest land.-NPV issue.
Discussion on the report of sh. Tejinder singh Committee for 13-34/2016- 9. Imposition of various conditions while issuing Stage-I Nil NIL Policy issue 40 CAMPA Clearance under FCA, 1980.
Shri Shrawan Kumar Verma, DIG (FC)
S. Page File No. Name of the proposal State Area (ha.) Category No. No. Diversion of 1576.81 ha of reserved forest land for the development of Special Economic zone and Industrial Park at Village - Siracha, Navinal, Dhrub, Mundra, Baroi, Gorasama, 1. 8-04/2016-FC Gujarat 1576.81 Others 77 Luni, Bhadreshwar, Ta. Mundra, dist. Kutch in favour of Adnai Group, Mundra Port and Special Economic Zone Ltd., Ahmedabad.
Diversion of 79.912 ha. of forest land for Construction of Madhya 2. 8-20/2018-FC Kaith Medium Irrigation Project in favour of Water 79.912 Irrigation 104 Pradesh Resources Department, Sagar district Madhya Pradesh State.
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Diversion of 41.05 ha. of forest land Closed under section 4 & 5 of plpa 1900 in favour of head-administration, 3. 8-52/2018-FC Haryana 41.05 Others 108 translational health science and technology institute, NCR biotech science.
Proposal for diversion of 252.754 ha of forest land for in favour of water resource department for construction of Judi Madhya 4. 8-40/2018-FC 252.754 Irrigation 111 Medium Irrigation project under the Chhattarpur and Damoh Pradesh district in the state govt. of madhya pradesh.
Proposal for diversion of 148.75 ha of forest land in favour of water resources department, Khandwa for construction of Madhya 5. 8-34/2018-FC 148.75 Irrigation 116 Bham (Rajgarh) Medium Lift Irrigation project, in khandwa Pradesh district in state of Madhya Pradesh.
Proposal for diversion of 107.816 ha of forest land for Tawa Madhya 6. 8-06/2018-FC underground Coal Mining project in favour of M/s Manager, 107.816 Mining 122 Pradesh WCL, Pathakheda Region in Betul district, Madhya Pradesh.
Diversion of 1283.57 ha of forest land for Coal Mining in 8-MPA006/2007- Madhya 7. Amelia Coal block by THDC India Limited in Singrauli 1283.57 Mining 127 FCD Pradesh district of Madhya Pradesh.
8-53/2009-FC Madhya 8. Industrial area Mandideep. 16.268 Others 133 VOL. Pradesh
Diversion of 104.095 ha of forest land in Bellampally RF of Bellampally forest division in Mancherial district for grant of 9. 8-44/2018-FC mining lease for Kalyani Khani No. 6 incline (underground Telangana 104.095 Mining 137 mining) in favour of M/s. Singareni Collieries Company Limited, Madamrri area, Mancherial district.
2nd renewal of Tandur mining lease for a reduced area of 8-216/1985-FC 4902 ha of forest land out of existing lease area of 7273.0 ha 10. Telangana 4902 Mining 142 PT I in Bellampally forest division of Adilabad circle in favour of M/s. SCCL.
Additonal agenda
Sandeep Sharma, AIGF (FC)
S. Page File No. Name of the proposal State Area (ha.) Category No. No. Representation for issue of permission under Section 2(iii) of Forest Conservation Act, 1980 in favour of OSCOM Mines 1. 8-58/2018-FC of M/s Indian Rare Earths Limited at Matikhola, Ganjam to Odisha 157.702 Mining 156 facilitate execution of lease deed over an area of 2464.054 ha, containing 157.702 ha of DLC forestland.
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Sandeep Sharma, AIGF (FC) Agenda No. 1 File No. 8-45/ 2018-FC Sub.: Diversion of 101.77 ha of forest land in favour of WB Power Development Corporation Ltd. for establishment of Gangaramchak-Bhadulia Block Open Cast Coal Mines under Birbhum forest Division, West Bengal. 1. The State Government of West Bengal vide their letter No. 1114-For/O/L/10T-05/2018 dated 11.06.2018 submitted the above mentioned proposal to obtain prior approval of Central Government, in accordance with Section-2 of the Forest (Conservation) Act, 1980. 2. It is imperative to mention here that the State Government of West Bengal vide their letter No. 2208-For/10T-27/10 dated 8th October, 2012 submitted the proposal for diversion of 101.83 ha of forest land in favour of M/s Bengal Emta Coal Mines Ltd. Under Birbhum Forest Division, West Bengal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980, which was dealt in file bearing no. 8-85/2012- FC (linked below) and the said proposal was considered by the FAC in its meeting held on 20th & 21th October, 2014 and the committee after detail discussion the Committee recommended for closer of the case in view of the Hon’ble Supreme Court’s order. This coal block was reallocated to M/s West Bengal Power Development Corporation Ltd by Ministry of Coal. File was processed in the Ministry and after approved of the then Minister, the State Govt. informed vide this Ministry’s letter dated 16.07.2015 (Pg-193/c) that in the extant case Stage-I approval under the Forest (Conservation) Act, 1980 has not been accorded by the Ministry so far. In such cases, the MoEF&CC has issued Guidelines dated 9.06.2015 and take appropriate action in the matter in accordance with the procedure stipulated in the Guidelines dated 9.06.2015. 3. Details indicated in the proposal submitted by the Government of WEST BENGAL vide letter dated 11.06.2018 are as below: FACT SHEET
1. Name of the Proposal Diversion of 101.77 ha of forest land in favour of WB Power Development Corporation Ltd. for establishment of Gangaramchak-Bhadulia Block Open Cast Coal Mines under Birbhum forest Division, West Bengal. 2. Location: State West Bengal District Birbhum 3. Detail of user agency Name of the user agency The West Bengal Power Development Corporation Ltd. Nature of user agency Company 4. Particular of Forests Name of Forest Division Birbhum Area of Forest land for Diversion 101.77Ha. Legal Status of Forest land Protected Forest (7.06 ha) & Unclassed Forest (94.71 ha) Density of Vegetation 0.7, Eco class-3
5. Maps i. Differential GPS map of the area Provided ( pg-26/c) proposed for diversion
ii. Differential GPS map of the area Provided ( pg-53/c) identified for raising CA
iii. Survey of India toposheet on 1:50,000 Provided ( pg-27/c) scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 Provided ( pg-54/c) scale showing the area identified for CA
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v. Land use plan Provided ( pg-136/c) vi. Forest Cover map ----- 6. Vegetation i. Species-wise and diameter class wise Local S/No. Scientific Name Diameter enumeration of trees. Name 1 Shorea Robusta Sal 0-30 Cm Terminalia 2 Bellarica Bahera 0-30 Cm 3 Madhuca Indica Mahua 0-30 Cm Diasporus 4 Melanxylon Kendu 0-30 Cm Semecarpus 5 Anacardium Bhela 0-30 Cm 6 Syzigium Jambous Jamun 0-30 Cm Terminalia 7 Chebula Haritaki 0-30 Cm Butea 8 Monosperma Plasash 0-30 Cm
ii. Density 0.7 iii. Number of trees - 7. Vulnerability of area to soil erosion Area is undulating in nature. No big trees exist in the area. Around 7 ha is devoid of any vegetation. Soil is lateritic. Thus, all these factor make area vulnerable to erosion. 8. Approximate distance of proposed site for 0 Km. diversion from boundary of forest 9. Whether forms part of National Park, No Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, 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 No species of flora and fauna found in the area if so, details thereof. 11. Whether any protected archaeological/ No 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. 12. Whether the requirement of forest land as Yes 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 examined. 13. Whether any work in violation of the Act No 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 under progress. 14. Total period for which the forest land is 11 years proposed to be diverted 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded Patch wise details for CA is given in part-II as below: forest area identified for CA Land: District- Jalpaiguri, West Bengal, Mouza- compensatory Afforestation, its Purbototagaon, Plot No. 1,2,18,19,20,21,22,23,63
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distance from adjoining forest, Area – 106.795 Ha. number of patches, size of each patch. Provided in two Patches : ii. Map showing non-forest/ degraded Patch – A- 95.822 Ha. & forest area identified for Patch - B – 10.973 Ha.= 106.795 Ha. compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be Cost structure of the CA scheme for advance work planted, implementing Agency, time creation and 10 years maintenance may kindly be seen schedule, cost structure etc. at pg. 158-164/c iv. Total financial outlay for compensatory Afforestation scheme. Rs.3,26,65810/- v. Certificate from competent authority regarding suitability of area identified With regard to suitability certificate the DFO, for compensatory Afforestation and Baikunthapur Forest Division vide its letter dated from management point of view. To 14.11.2017 (pg. 193/c) informed that the report be signed by the concerned Deputy submitted by the concern committee clearly endorses Conservatory of suitability for CA accordingly, a separate suitability Forests. report is not required.
The joint survey report of a committee (pg. 194/c) as referred by DFO Baikunthapur states that the area is the riverine area of Teesta River and is conducive only for species like Khair on the northern part. The western side is only suitable for grass land. The access to site is difficult due to many tributaries and supervision is difficult. The regeneration cost will be high. 16. Documentary evidence in support of FRA certificate given, but not in prescribed format and settlement of rights in accordance with the moreover in favour of previous user agency. 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. 17. Site Inspection Report of the Divisional ---- Forest Officer in compliance to the conditions stipulated in the col. 7 (xi, xii) 8 and 9 previous approval. 18. Whether the project requires environment Yes. clearance 19. Catchment Area Treatment Plan Not applicable- There is no catchment area.
20. Rehabilitation of Oustee Project does not involve rehabilitation of displaced person. Number of SC Families Number of ST families Not Applicable Number of Backward Families Copies of R&R Plan Not Applicable 21. Cost Benefit Analysis Cost benefit Rate 1:43 22. Total Cost of the project Rs. 14867 Lakh 23. Employment Potential Direct employment-270 person, Indirect employeed 200 Persons. 24. Undertakings to bear the cost of CA and Yes. NPV 25. Profile of the District / Department / Division. Geographical Area of the Dist. 454500 ha
Total Forest Area 16644.542 ha
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Total area diverted since 1980 Area 336.99 ha Number of case 6 Progress of compensatory afforestation as Forest land 0 ha on 10.04.2018 Non-forest land 349.60 ha Total 349.60 ha 26. Recommendation with Specific conditions, (if any) DFO Forest area applied for diversion is degraded area with no trees. Area applied for diversion does not form part of habitat of any endangered wildlife. Considering the economic benefit to the nation it may be recommended (Pg-14/c). CCF The proposed land for diversion of 101.77 ha has suffered great degradation because of illegal mining since long. In patches regenerated sal coppice, palas etc do existed but they have grown bushy in nature. Some patches are devoid of any vegetation and the land vulnerable to erosion. Consiering the reason the proposal is recommended (Pg- 15-17/c) with following suggestions to adhere to. 1. Road side (at least one chain) new sal, coppice may not be disturbed. 2. OB dumb may not later be brought under afforestation (after stabilisation). 3. Proper demarcation (permanent nature) should be made. PCCF/ Nodal Officer (FCA) Yes (Pg-3/c) State Govt. Yes (Pg-3/c)
4. Site Inspection Report of the Regional Office: The Site Inspection Report (SIR) for this proposal was carried out by Sh. R.K Samal, CF, Regional Office, Bhubaneshwar. The SIR is placed in file at (Pg.147-188/c) is reproduced below: i. Legal status of forest land proposed for diversion:
Legal Status Forest land in Ha Protected forest 7.06 Unclassed forest 94.71 Total 101.77
ii. Item-wise break-up details of the forest land proposed for diversion. Mining – 101.19 ha [As per Revenue Records and Mine Plan] . iii. Whether the proposal involves any construction of building (including residential) or not? : As per the discussion with the user agency there will be no construction of building including residential. iv. Total cost of Project at present: As per the project proposal the total cost of the project is Rs. 14,867 lakhs. v. Wildlife: Whether the forest area proposed for important from Wildlife point of view or not: No, as reported, wild pig, hyena, hare are found. vi. Vegetation: The area is undulating in nature, no big tree exists in the area. As reported by DFO, Birbhum around 7.00 ha area is devoid of any vegetation. Top soil is sandy loam. Species like Sal Syhorea robusta, Bahera terminalia bellarica, Mahua, Kendu, Bhela , Jamun, Haritaki, Palash are found in the area. Sal is the important dominant species. (i) Total number of trees to be felled.: There are no trees to be felled. Existing vegetation is Sal coppice saplings along with saplings of other associated species, shrubs, climbers, Lantana camara and Eupatorium weeds and grasses of different species. Effect of removal on the general ecosystem in the area:-The removal of the vegetation will lead to exposure of the soil and soil erosion. (ii) Important species: Species like Sal Syhorea robusta, Bahera terminalia bellarica, Mahua, Kendu, Bhela , Jamun, Haritaki, Palash are found in the area. Number of trees of girth below 60cm . : Nil Number of trees of girth above 60 cm. : Nil
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vii. Background of the proposal: the Central Govt., Ministry of Coal & Mines vide the Gazette Notification S. O 823 dated 16th July, 2004(Pg.156/c) approved the end use of coal from the Gangaramchak-Bhadulia coal mine on the request of West Bengal Government for generation of power subject to the condition that the West Bengal Govt. through its undertaking viz., Wes Bengal Power Development Corporation and Durgapur Project Ltd. DPL holds at least 26% of voting equity share of Bengal Emta coal Mines ltd. Accordingly, Ministry of Coal approved the mining plan of the joint venture of Bengal Emta coal Mines Ltd. Vide Ministry of Coal No. 13016/5/2005-CA-I dated 27th June , 2005 (Pg.157/c) . The total area of the project was 187.00 ha which consisted of the following:
S. N. Class of land Land affect due to Total (Ha.) Mining (Ha.) OB, Infrastructure 1. Forest 101.19 -& other ( Ha.) 101.19 2. Agricultural 18.42 - 18.42 3. Danga(Fallow land) 28.74 37.00 - 65.74 4. Road & Water bodies 1.65 - 1.65 Total 150.00 37.00 187.00
Out of the total area of 187 .00 ha., 37.00 ha. belonging to private owners, which was proposed by the Joint Venture for OB dump and infrastructure facility. Out of the balance 150.00 ha, 101.19 ha. was forest land and balance area was non forest land within the mining lease to be used for mining purposes. As per this approval M/s BECML was to sign the lease agreement with Govt. of West Bengal for this mining lease. As per the information available (from the new mine closure plan approved by Ministry of Coal in March, 2017 the mining lease deed was signed by M/s BECML on 6th Dec. 2007 only for 47.65 ha. area (private land within the said mining lease of 150 ha.) and they have continued mining until the cancellation of allocation by Hon'ble Supreme Court of India in its order dated 24th September, 2014. The said joint venture with the name M/s BECML did not get the stage-I approval for the proposed forest land of 101.77 ha. of forest land coming within the mining lease and it was in the processing stage when Hon'ble Supreme court cancelled the allocation of 204 coal mines. In view of this, MoEF vide letter No.8-85/2012-FC dated 21's Nov., 2014 cancelled the processing of the proposal earlier applied by the said company and Ministry asked WBPDCL vide letter No.8-85/2012-FC dated 16th July, 2015 for following the guidelines dated 09.06.2015, i.e. filing of diversion application afresh for the 101.77- ha of forest land and therefore, WBPDCL has now applied for diversion of 101.77 ha of forest land for non forest use (opencast coal mine). The Mouza wise/Plot wise details of forest land given in Annexure-5 (Pg.181/c) The guideline dated 09.06.2015 of MoEF&CC is enclosed as Annexure- 7(Pg.187/c). However, it has already got the lease deed executed for the non forest land of 47.65 ha. with the State Govt. as a separate lease deed dated 04.082015 ((Pg.182-186/c). viii. Compensatory Afforestation: 106.795 ha of non-forest land identified in Village Purbatotagaon in district Jalpiguri district for compensatory afforestation.
(a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not:
Yes. The DFO, Baikunthapur Forest Division has given suitability Certificate as per the joint survey report of a committee formed by Order of CCF , North Bengal. The area is the riverine area of Teesta River and is conducive only for species like Khair on the northern part.
The western side is only suitable for grass land. The access to site is difficult due to many tributaries and supervision is difficult. The regeneration cost will be high.
(b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: There exist some signs of encroachment. The Committee formed by CCF, North Bengal for finding compensatory afforestation land has pointed out this. They have pointed out that Forest Department will tackle this. From DSS analysis it has been confirmed that there are 2-3 new houses and agriculture fields in the northern and eastern side of the proposed CA land.
(c) Whether land for compensatory afforestation is important from Religious/Archaeological point of view: not reported.
(d) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not :. Two patches (95.822 ha nd 10.973 ha ). The patches are compact. 7 | P a g e
(e) Map with details: Enclosed in the diversion proposal along with DGPS survey and shape/kml file.
(f) Total financial outlay: Rs. 3,26,65,810/- Estimate for CA is enclosed(Pg.158-164/c).
ix. Whether proposal involves violation of Forest (Conservation) Act, 1980 or not. If yes, a detailed report on violation including action taken against the concerned officials: No violation has been reported by the State Govt. As per the reports available the previous user agency i.e. Bengal Emta Coal Mines ltd. carried out the mining in the non-forest land by executing a part lease deed was not made available by the user agency. x. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not.: No ,the project proposal does not involve any rehabilitation of displaced persons. xi. Reclamation Plan: the new user agency has obtained a mine closure plan including the reclamation plan dated march, 2017 which is valid up to May, 2025. A copy of plan is enclosed (Pg.165/c) . i. Details and financial allocation. Rs. 17.1833 Crores xii. Details on catchment and command area under the project : NA xiii. Cost benefit ratio: As per the information given regarding benefits of the project and cost involved considering the forests to be open forests with Eco class-III, the cost benefit ratio will be 1:43.
xiv. Recommendations of the Principal Conservator of Forests/State Government : Yes Recommended..
xv. Addl. Principal Chief Conservator of Forests along with detail reasons: The said mining proposal is for diversion of 101.77 ha of forest land in favour of West Bengal Power Development Corporation Ltd., for establishment of Gangaratnchak-Bhadulia Block open cast coal mines under Birbhum Forest Division, West Bengal. Considering the facts submitted in DP, site inspection report by CF (Central) and other details, the major issues of this proposal, that may need to be brought to the notice for consideration by the FAC and the Ministry, are the following: -
This proposal was earlier submitted by the joint venture of West Bengal Power Development Corporation Ltd. (WBPDCL), Durgapur Power Ltd. (DPL) and Bengal Emta Pvt. Ltd. with the name of the joint venture as Bengal Emta Coal Mines Ltd. for diversion of 101.83 ha of forest land. The said proposal was then discussed in the FAC meetings held on 20th and 21st October, 2014. In the said meeting the committee complying to the order of Hon'ble Supreme Court vide Writ Petition No.120 of 2012 recommended for closure of the said diversion proposal. However, it is reported that the earlier user agency (Bengal Emta Coal Mines Ltd.) worked in the private land within the lease by signing a lease deed with the Government in 2007 for the private land and continued mining till the cancellation of the said coal block and the concerned DFO has endorsed no violation of FC Act. Subsequently the Coal Ministry reallocated the coal blocks (whose allocation has been cancelled) to the new user agencies and accordingly, the WBPDCL has been allocated this Gangaramchak-Bhadulia Block for open cast coal mining for which the proposal has been submitted. In the proposed land for diversion, the crown density of forest vegetation on the proposed land for diversion is very low and stated as 0.1 - 0.2, and grown up trees are also reported to be scanty. It is also stated to be not of much importance for wildlife point of view and is not part of any protected area. However, it is observed that part of a public road is within the proposed mine, which may need to be shifted/reconstructed or left out as such for public use inside the mine, may be considered by the Ministry prior to approval. In addition to that the portion of the road outside the proposed mining lease, may need widening and annual maintenance due to additional transportation of minerals, which the Ministry may like to consider for befitting stipulation of conditions safeguarding public interests and convenience. With the above observations and considering the prospects of employment and economic development in the area this proposal is recommended for consideration of the Ministry for granting approval under Section (ii) of forest (Conservation) Act, 1980. xvi. Conservator of Forests shall give detailed comments on whether there are any alternative routes/alignment for locating the project on the non -forest land: it is site specific and it cannot be shifted to any other forest or non- forest land. xvii. Utility of the project: The project will supply coal mainly to Bakreshwar power plant of WBPDCL which is at a distance of about Km and transportation will be carried out by trucks. This will open opportunity for direct employment and indirect employment of the local people. This project is locating in an interior area earlier affected by Maoist activities and will improve the local economy and economy of the State.
Numbers of Scheduled Castes/Scheduled Tribes to be benefited by the project: 270 persons will get temporary employment. xviii. (a) Whether land being diverted has any socio-cultural/religious value. : No, not reported.
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(b) Whether any sacred grove or very old growth trees/forests exists in the area proposed for diversion . No, not reported. (c) Whether the land under diversion forms part of any unique ecosystem: No xix. Situation w.r.t any P.A : There is no protected area within km radius of the proposed site. xx. Any other information relating to the project.: The safety zone area has not yet been calculated. 7.5 metre safety zone has to be created all over the mine area. The Nuapada-Sadakabhanga_ village road need to be relocated on the boundary 'of the mine if the area below the road is to be used for mining purpose. The CA area identified is the flood plain of Teesta river where the proposed site may get inundated at times. The project will create environment for economic development of the area. As the transportation of coal will be done by road, the remaining part of Nuapada- Sadakbhanga road need to be widened to ease the traffic of the trucks.
The facts related to the proposal may be placed before FAC for its consideration in its forthcoming meeting scheduled to be held on 30.08.2018. ****
Agenda No. 2 F. No. 8-04/2015-FC Sub: Proposal for according permission for use of 0.64 ha of forest land within total forest land of 249 ha located inside Rabipur Reserved Forest land in Talcher Forest Range of Angul Forest Division for undertaking exploratory drilling of 16 no. of boreholes @ 0.04 ha each by M/s National Thermal Power Corporation Ltd. for prospecting of coal in forest areas of Chandrabila Coal Block of Angul district in Odisha. 1. The Government of Odisha vide their letter no. 10F(cons) -255/2014-550/F&D dated 8th January 2015 submitted the above subject proposal for seeking prior approval of the Central Government, in terms of the Section-2 of the Forest (Conservation) Act, 1980.The said proposal was placed before the Forest Advisory Committee (FAC) in its meeting held on 28th January, 2015. 2. Details indicated in the proposal submitted by the Government of Odisha are as below:- FACT SHEET
1. Location of the project or scheme Proposal for drilling of 16 holes in 249 ha forest land in Chandrabila, Talcher coal filed.
2. Location: State/ Union territory Odisha. District Angul. Forest Division Angul Forest Division. Area of forest land proposed to be utilized for 249 ha forest land prospecting 3. Legal status of Forest land identified for 16 holes in 249 ha forest land in Rabipur RF of prospecting Chandrabila, coal block in Talcher Forest Range 4. Details of vegetation available in the forest land proposed for diversion i Forest type North Indian Moist Deciduous Forest ii Average crown density of vegetation 0.41
iii Species wise local or scientific names In separate sheet (sheet has not been found to be a and girth wise enumeration of trees available in the proposal) required to be felled iv Working plan prescription for the forest Comes under Rehabilitation Working Circle of the land proposed to be utilized for Working Plan in force at present prospecting 5. Brief note on topography and vulnerability of The area is vulnerable to erosion. The area comes under the forest land proposed to be utilized for Rabipur RF (Chandrabila Coal Block) prospection to erosion.
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6. Approximate distance of the forest land The proposed site is within Rabipur RF proposed to be utilized for prospecting from boundary of forest land 7. Significance of the forest land proposed to be utilized for prospecting from wildlife point of view i Details of wildlife present in and around Sloth bear, Wild boar, Barking deer, Hares, Cuckoos’, the forest land proposed to be utilized for Myna, Kajalpati, Occasionally visited by wild prospecting Elephants during harvesting season. ii Whether forms part of National Park, The proposed site is not a part of National Park, Wildlife Sanctuary, Bio-sphere reserve, Wildlife Sanctuary, biosphere reserve, tiger reserve, Tiger Reserve, Elephant corridor, elephant corridor, etc. But it is visited by wild elephant corridor wildlife migration corridor, etc every year during harvesting season of paddy crop. (if so, the details of the area and comments of the Chief Wildlife Warden to be annexed). iii Whether any National Park, Wildlife The proposed site is situated within 10 Kms from the Sanctuary Bio-sphere reserve Tiger boundary of Kanhei Jena-Anantapur corridor which is Reserve, Elephant corridor, wildlife approximately 4 kms away migration corridor, etc is located within 10 KMs from boundary of the forest land proposed to be utilized for prospecting (if so, the details of the area and comments of the Chief Wildlife Warden to be annexexd). iv Whether any National Park, Wildlife Rabipur RF itself is a migration corridor for wild Sanctuary, Bio-sphere reserve, Tiger elephants and other available wild life. Reserve, Elephant corridor wildlife migration corridor etc is located within 1 Kms from boundary of the forest land proposed to be utilized for prospecting (if so, the details of the area and comments of the Chief Wildlife Warden to be annexed) v Whether any rare or endangered or No unique species of flora and fauna found in the area, if so details thereof: 8. Whether any protected archaeological/ No found heritage site/ defence establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required. 9. Comment as to the reasonability of the extent The land under question is a RF and is habitat of may of the forest land proposed to be utilized for wild animals and birds. Due to fragmentation they will prospecting. suffer a lot. However drilling holes only may not have any adverse effect in wildlife i Whether the requirement of forest land Sites for bore hole have been demarcated in permanent as proposed by the user agency in para- gaps devoid of vegetation which may be bare minimum 6 & Para-7 of the Part-I is un-avoidable for drilling operation and bare minimum for the project ii If so recommended area of forest land 16 holes over an area of 0.04 having 6” dia each which may be used for prospecting distributed over 249 ha of Rabipur RF 10. Details of violation committed No i Whether any work in violation of the No Act or Guidelines issued under the Act has been carried out (Yes/No) ii If yes details of the violation including No period of work done area of forest land involved in violation, name, address & designation of the person (s) responsible
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for violation and action taken against the person (s) responsible for violation iii Whether work in violation is still in No progress (Yes/No) 11. Details of Compensatory Afforestation Not applicable scheme (i) Legal status of the land identified to Not applicable raise Compensatory Afforestation (ii) Details such locations, survey or Not applicable Compartment or Khasra number, area and distance from adjoining forest of each plot of non-forest area or degraded forest land identified for Compensatory Afforestation (iii) Survey of India TOPP Sheet (s) in Not applicable original in 1:50, 000 Scale showing non-forest or degraded forest land identified for Compensatory Afforestation and adjoining forest boundary enclosed (Yes/No) (iv) Detailed Compensatory Afforestation Not applicable scheme including species to be planted, implementing agency, time schedule, cost structure etc. enclosed (Yes/No) (v) Total financial out lay for Not applicable Compensatory Afforestation scheme (vi) Certificates from the concerned Not applicable Deputy Conservator of Forests regarding suitability of area identified for Compensatory Afforestation and from management point of view enclosed (Yes/No) 12. Site inspection report of the Deputy Attached with proposal Conservator of Forests highlighting important facts pertaining to the import of proposed activities on flora and fauna enclosed (Yes/No) 13. Specific recommendation of the Deputy The proposal for drilling operation may be accepted, Conservator of Forests for acceptance or but if the question of forest diversion comes, the same otherwise of the proposal with reasons. may not be accepted for RF and considering its importance from wildlife point of view. 14 Recommendation of the Chief Conservator of Recommended for acceptance of the proposal. Forests 15 Recommendation of the Principal Chief Recommended for according permission Conservator of Forests 16 Recommendation of the State Government Recommended for according permission
3. FAC in its meeting after examination of proposal and interaction with representatives of user agency observed as below: (i) Ministry of Coal, Government of India vide letter dated 1st July 2013 allocated four coal blocks in Odisha and Chhattisgarh in favour of M/s NTPC Ltd, to meet requirement of coal for its Power Projects; (ii) Among the four blocks, Chandrabila and Kudanall-Luburi coal blocks with 550MT and 396MT reserves respectively are located in Odisha; (iii) The Chandrabila coal block is spread over 934 hectares in Kaniha tehsil of Angul district of Odisha comprising of 685 hectares of non-forest land and 249 hecatres of forest land; (iv) Prospecting has already been undertaken in the non-forest land of the block by the user agency in Phase- I with findings of proved category of coal reserve there. As such exploration/prospecting activities of coal
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is proposed to be undertaken in Phase-II over the 249 hectares of forest land falling in Rabipur Reserved Forest; (v) In the instant proposal, the user agency has proposed to drill 16 boreholes of 6" diameter within 249 hectares of forest land located inside Rabipur Reserved Forest, It has been reported by the State Government that the proposed drilling site is located in middle portion of the coal block and has not been explored earlier; (vi) Drilling of 16 boreholes will result in temporary change in land use is 0.64 hectares of forest land; (vii) Legal status of forest land proposed to be utilised for prospecting is Reserved Forest;
(viii) Forest land proposed to be utilised for prospecting contains North Indian Moist Deciduous Forest having crown density 0.41;
(ix) Forest land proposed to be utilised for prospecting falls in Rehabilitation Working Circle of the Working Plan in force at present;
(x) Forest land proposed to be utilised for prospecting is vulnerable to erosion;
(xi) Forest land proposed to be utilised for prospecting is not a part of National Park, Wildlife Sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. Sloth bear, Wild boar, Barking deer, Hares, Cuckoos’, Myna, Kajalpati are reported to be present in and around the forest land proposed to be utilised for prospecting. During the harvesting season, the forest land proposed to be utilised for prospecting is occasionally visited by the wild elephants;
(xii) Forest land proposed to be utilised for prospecting is located at approx. 4 kilometer distance from the Kanhei Jena-Anantapur corridor;
(xiii) As the proposal does not involve any permanent change in lands use in the forest land proposed to be utilised for prospecting, compensatory afforestation is not required to be undertaken; (xiv) The proposal being for prospecting, is exempted from the requirement of providing documentary evidence in support of the settlement of rights in accordance with the provisions of the Scheduled Tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006; (xv) The proposed prospecting activity does not involve felling of any tree as the DFO in Part II of the proposal has reported that that the sites for boreholes have been demarcated in permanent gaps devoid of vegetation; (xvi) This exploration project does not involve displacement of any human habitation; (xvii) The concerned Divisional Forest Officer (DFO) recommended that proposal for drilling operation may be accepted, but if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting; and (xviii) The Chief Conservator of Forests, Principal Chief Conservator of Forests and the State Government have recommended the proposal without making any comments on recommendation of the DFO that if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting. 4. FAC after detailed deliberations recommended that before taking decision on the proposal, the Forest Survey of India, Dehradun may be requested to assess the coal block based on the draft parameters formulated by a Committee reconstituted under Chairmanship of the Secretary, Ministry of Environment, Forest and Climate Change to identify inviolate forest areas for mining.
5. FAC also recommended that meanwhile the State Government may be requested to furnish their specific comments on recommendation of the concerned Divisional Forest Officer that proposal for drilling operation may be accepted, but if the question of forest diversion comes, the same may not be accepted considering the importance from wildlife point of view of the forest land proposed to be utilised for prospecting. 6. Accordingly, the Ministry vide its letter dated 19.03.2015 (pg. 57-60/c) forwarded the recommendation of FAC to the Forest Survey of India and the Government of Odisha for compliance.
7. The State Govt. vide their letter no. 10F(cons) – 43 /2018/ 11279/F&E dated 16.05.2018 (Pg 61/c) informed that the matter was refer to PCCF (WL) & CWLW, Odisha for his considered views and on the basis of his comments,
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the state Govt. recommends to allow prospecting exercise in this case as the same will have no significant disturbance to wildlife habitat in the area.
8. In response to ministry’s letter dated 28.01.2015, the Forest Survey of India (FSI), Dehradun vide their letter dated 20/04/2015 (Pg.65/c) informed that this proposal cannot be analyzed through DSS as no shape file or coordinates have been provided for the analysis. 9. Now, the User agency has provided the KML file of the forest area proposed for prospecting along with Mining lease boundary and the said proposal has been analyzed through DSS. The detailed report of DSS may kindly be seen at F/X. Major observation are as follows : i. Proposed area for diversion of forest land falls on Dhenkanal district of Odisha State. ii. Calculated area of Coal block Mining lease area is found 966.43 ha and the area of the Forest land applied for diversion is found 292.11 Ha. whereas as per instant proposal 249 ha area of forest land is sought by the user agency. Thus, there is discrepancy of 43.11 Ha. area is observed in the forest land proposed for prospecting work. iii. Simplipal-Satkosia Tiger Corridor is located at a distance of 7.29 Km from the proposed Coal block boundary. iv. Legal status of the proposed land cannot ascertained through DSS due to the unavailability of RFA boundary of Odisha State. v. Proposed area of Chandrabila coal block is classified as Inviolate based on Decision Rule No. 1 as it falls on 'Sighada Jhor' river & within its 250 meter buffer. Total 8 Grids of size 1X1 Km is falling on proposed coal block, out of which none of the Grid is having its score above 70. Thus, the coal block is Not-inviolate as per Decision rule-2. vi. Out of total coal block lease area , 48 ha. of land having the canopy density of Moderately dense forest, 197 ha. of land as open forest, 2 ha. of land as Water and 719 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. vii. Forest Types details: 5B/C2 Northern Dry Mixed Deciduous Forest: 96 Ha, 5B/C1 c Dry Peninsular Sal Forest: 94 Ha and Non-Forest:776 ha. 10. It is also imperative to mention that Principle Secretary/ Chairman & Managing Director, TANGEDCO & TNEB Ltd. vide his letter no. Lr. No. CE/M/Mines/EE/A1/F, Chandrabila CB/D.163/2018 dated 19.07.2018 (pg. 69-70/c) addressed to Secretary (EF &CC) informed that the Ministry of Coal has allotted Chadrabila Coal Block in the State of Odisha to TANGEDCO. Out of total area of 9.321 sq.km in Chandrabila coal block, CMPDI has completed the detailed exploration in the non-forest area of 5.68 sq. Km. Forest area of 3.64 sq. Km has yet to be explored for want of forest clearance, whereas the instant proposal has earlier been submitted by NTPC. However, no detail for allotment of coal block is given. 11. The user agency has been change from NTPC to TANGEDCO.
The above facts may be placed before FAC scheduled to be held on 30.08.2018 for their examination and appropriate recommendation.
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Agenda No. 3 F. No. 8-80/2010-FC Sub: Diversion of 249.90 ha of forest land in village prasabera, kedla, duni and barughuttu in west bokaro colliery, in favourn of m/s tata steel ltd. Ramgarh forest division, district Hazaribagh, Jharkhand. 1. The Government of Jharkhand, Department of Environment Forests and Climate Change vide his letter No. Van Bhoomi – 15/2007/3458 dated 16.09.2010 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 249.90 ha of forest land for coal mining in village Prasabera, Kedla, Duni and Barughuttu in West Bokaro Colliery in favour of M/s Tata Steel Ltd. Ramgarh Forest Division, District Hazaribagh, Jharkhand. 2. The forest area involved is Protected Forest 34.84 Ha and Gair Mumkin Jungle Jhari 215.06 Ha in Ramgarh Forest Division, Hazaribagh, Jharkhand. 3. The number of trees is approximately 1319 and consists of species like Palas, Chaukundi, Acacia, Subabul etc. The density of the forest is 0.4. 4. Forest cases have been lodged in C.G.M Court namely G. Case 10/93 and 128/05 against the TISCO official for violation Forest (Conservation) Act, 1980. Out of the total 34.84 ha of notified forest land the project proponent has 14.028 ha of land has been utilized by the project proponent prior to Forest (Conservation) Act, 1980. However, 70.972 ha of GM Jungle land has been utilized by the project proponent after 12.12.1996 without approval under Forest (Conservation) Act, 1980. 13 | P a g e
5. The land use at present and proposed as below
Present use (ha) Proposed use (ha) i. Mining - 293.29
ii. Tailing dump 8.50 -
iii. Home stead land 2.02 -
iv. Reservoir 6.43 -
v. Stream 2.43 -
vi. Road 9.72 -
vii. Air Strip (part) 2.23 -
viii. Stadium 1.46 -
ix. Forest Land (including GM 249.90 - Jungle Jhari land) applied for x. Forest land broken prior to 10.60 - 1980 Total 293.29 293.29 6. The details have not been provided in the proposal, except an undertaking provided by the project proponent to identify the land for CA. The SIR mentions that the state Government has proposed for compensatory afforestation over an area of 249.90 ha of non-forest land.Also they have proposed for penal compensatory afforestation over an area of 70.972 X 2 = 141.944 ha of degraded forest land for breaking an area of 70.972 ha of forest land without permission. Actual details have not been received from the forest department. 7. About 59 families including 38 SC/ST families would be affected. 8. The proposal had been recommended by DFO, CF, PCCF and State Government. 9. Site inspection report in respect of diversion of 249.9 ha of forest land for West Bokaro Colliery at Parsa Beda, Kedla, duni and Barighutu by TISCO. The site inspection of the diversion of 249.9 ha of forest land for West Bokaro Colliery at Parsa Beda, Kedla, Duni and Barighutu by TISCO was carried out on 19/20.10.2011 1. Legal status of the forest land proposed for diversion Protected forest : 34.84 ha G.M (Jangal Jhari) : 215.06 ha Total : 249.90 ha 2. Item-wise break-up details of the forest land proposed for diversion: Activity Present use (ha) Proposed use (ha) Mining 293.29 Tailings dump 8.50 - Homestead land 2.02 - Reservoir 6.43 - Stream 2.43 Road 9.72 Air Strip (part) 2.23 Stadium 1.46 Forest land including GM jungle Jhari land) 249.90
Forest land prior to 1980 10.60 Total 293.29 293.29 Note:-
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The mining component has not been reflected in the present use, though the mining is continuing, which should have been there. The State Government vide the letter No. Van Bhumi 15/2007-2717 paba dated 02.08.2010 at point No. 4 informed that the safety zone area will be 2.073 ha However, the safety zone calculation has not been explained by the DFO or UA during the time of visit. Also the UA should give a clear picture about all the land, forest and non forest lands, and their land use, so that the land scenario will be understood better. The user agency has submitted a purpose wise break up of land which is enclosed as annexure-1. Looking at the purpose wise breakup of the land and the present purpose wise break up there appears to be a lot of mismatch. The same need to be rectified. They have submitted past land use plan, present land use plan and future land use plan. It has been submitted as annexure-2.
3. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof: Nothing was mentioned about the building construction. 4. Total cost of the project at present rates: Rs. 520 crores approximately. 5. Wildlife: The area is heavily mined, also the areas around the proposed area are mostly mining area, and active mines are located at many places. The area at present is not a good habitat for the wildlife. Lower vertebrates may be found here and there. 6. Vegetation: 0.4 Seeing the area, it is seen that most of the areas have been put to different uses, the virgin areas are now mostly degraded, covered with bushes, Palash is the major tree. The tree density appears to be less than 0.4. Different places inside the proposed application were visited. This application area is a part of the entire lease of West Bokaro of TISCO. Towards the western boundary a stadium with cemented boundary wall is located and Kuccha/Pucca roads run around the stadium. Little north of the stadium, the JTI two storey hostel is located. Some planted trees exit near the hostel. On the north-western tip few hutments exist. Towards south-east of stadium, some cement houses of village Chiratungri extension have come up, but there are some vacant lands also in this area. The Chiratungri village is located towards little south of these new houses, and in that village cemented houses, temporary houses, power line exist. This village is located on a little higher elevation, on the slope of a small hillock which is covered with bushes towards east & little south- east and also few little taller palash trees occur in this area. Towards further east another small hill range mostly covered with bushes and few palash trees runs from north to south for some distance, and continues till the water reservoir at the centre form south. The central waste is at a little higher elevation than the water reservoir at the south. A dam is constructed between the water reservoirs and there is some space between the water reservoirs. Towards south-western corner of the present application, a reject yard is located where the reject are heaped up and this reject yard continues beyond the application limit towards the western direction, and is located just opposite the silo which is just outside the western limit of the present application. A road passes between the reject yard and Chiratungri village limit till the reservoir down below and move further. Towards south Chiratungri village, beyond the road, the land is low land and there some marshy plants have come up. A small hillock with few trees are located towards south-east of reject yard, on the southern boundary. Beyond the central reservoir, towards north-east and eastern direction a relatively bigger hill exists which is covered with mostly bushes. Palash trees however are found throughout. A road runs between the reservoir and this hill. For making the road steep cuttings have been made at certain points. A conveyor system form silo located outside the present application limit in the western direction, runs from the western boundary between the stadium and chiratungri village, over the reservoir at the centre, moves on the hill and runs upto the PCP (Primary Crushing Plant) at the centre. There is a separate application for this conveyor system. An Ash pond, divided into three parts, exists south-east of big hill at centre, towards north of weighbridge at the southern boundary. In the ash pond, the northern portion is having the slurry which comes the Power House located outside the present application limit towards western side near washery & silo, both outside the application limit. The central portion of the ash pond at present is full with dry ash and the user agency is excavation the dry ash for some purpose. Towards the southern side of the dry ash area the water from the ash pond is getting accumulated and marshy reeds have come up in this area. Some chakundi trees have been planted in some places around the ash pond, mostly towards northern direction. The area of the ash pond is around 3-4 hactes. A weighbridge complex is located on the mid southern boundary of the application. The weighbridge is a cemented structure, near to it many trucks are found to be parked. Towards north-east and east of ash pond the bigger hill covering larger area, mostly covered with bushes and with bigger palash trees exist. Beyond this hill, the quarry starts towards north & north-east direction. The quarry is a huge quarry with almost vertical faces at many portions, particularly towards the eastern direction which is
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towards the Jharna basti side and also towards the north-eastern side. From the quarry, the coal is transferred t the PCP by trucks and then to silo by the conveyor system. The Ravidas Tola with few houses exists beyond the hillock towards eastern direction, on the boundary, towards south of the big quarry. A pucca road sometimes run on the southern boundary, also on eastern boundary and sometimes moves outside the boundary in this portion over which trucks and vehicles are plying. The Jharna basti, a medium basti, with many cemented houses is located towards south-eastern boundary of the present application. A cement wall has been constructed beyond the quarry limit, towards the eastern direction and beyond that a road runs inside the application limit and beyond that in eastern direction the jharna basti exists outside the application. The road between the Jharna basti and the quarry is used for the transportation of coals by trucks, mainly of CCL, the officials of the UA informed that they don’t transport their coal by trucks. The user agency has created some plantation recently between the quarry limit and the boundary towards south-east corner. Towards mid east on the eastern boundary some vacant barren land exists. A mosque and few houses of Bathantand Tola have come up on barren land beyond the quarry limit towards the north-eastern tip, on the boundary. An airstrip and haul road exists side by side towards mid north in the present application limit and also run to other blocks, outside the present application. A plantation of mostly chakundi trees exists towards west and south west of the haul road. The Daily Maintenance Centre (DMC) is located at the centre towards the south of the haul road and airstrip, the structure is used for maintenance of heavy vehicles. Towards south-western side the tailing dump exists inside the present application. Throughout the application area, road network has been created, touching all important components, the roads are mainly pucca roads which are damaged at parts.
(a) Total number of trees to be felled. Not clear from the enclosures.
(b) Important species: At present palas is the major species standing here and there In the area, others are mostly planted chakundi trees. Number of trees of girth below 60 cm-Not clear from the enclosures. Number of trees of girth above 60 cm- Not clear from the enclosures. 7. Background note on the proposal:
The Tata Iron and Steel Company Limited (TISCO) produces coking coal at its West Bokaro Collieries for use in its works at Jamshedpur. The current production from the mines is about 1.90 million tones per annum (MTPA) of product coal. Prior to 1980 the seam underlying forest area have been partly worked by underground mining. At present they need this forest area for developing opencast mine. The seams underlying this forest land have been partly worked by underground mining prior to 1980 and this area is now needed for a opencast mine. In the year 1998, the project had identified a total of 300.79 ha as their requirement. The user agency has submitted a diversion proposal measuring 4.07 ha forest land for proposed overland conveyor required for the mine. Also an area of 3.43 ha GM land on the western periphery of the project for establishing a weighbridge complex. Accordingly, the present project area which includes the above two facilities works out of a total of 293.29 ha. The Ministry vide letter No 11-268/2010-FC dated 20.09.2010 intimated PCCF, Govt. of Jharkhand to provide interim relief to M/s Tata Steel Ltd. by permitting them to continue their mining operation till a decision on the proposal of the State Govt. is taken. 8. Compensatory afforestation:
The state Government has proposed for compensatory afforestation over an area of 249.90 ha of non forest land. Also they have proposed for penal compensatory afforestation over an area of 70.972 X 2 = 141.944 ha of degraded forest land for breaking an area of 70.972 ha of forest land without permission.
Actual details have not been received from the forest department. (a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not: Areas are yet to be formally identified in favour of the project (b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: Areas are yet to be formally identified in favour of the project.
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(c) Whether land for compensatory afforestation is important from Religious/Archaeological point of view: Area are yet to be formally identified in favour of the project.
(d) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not: Area are yet to be formally identified in favour of the project.
(e) Map with details: Area yet to be formally identified in favour of the project.
(f) Total financial outlay: Area are yet to be formally identified in favour of the project.
9. Whether proposal involves violation of Forest (Conservation) Act, 1980 or not. If yes, a detailed report on violation including action taken against the concerned officials: As per State Government letter vide No. Van Bhumi 15/2007-2717 paba dated 02.08.2010 at point No 3 the Deputy Secretary, Govt of Jharkhand informed that 70.972 ha of Gair Mazrua Jungle Jhari forest land has been broken after 12.12.1996 without prior approval.
The State Government has proposed penal compensation over the twice of 70.972 ha of forest land broken up due to violation. The Ministry vide letter No. 11-268/2010-FC dated 20.09.2010 brought out the following facts: The coal block under lease has various sub blocks. A few of them listed below: 1. Q.E= 222.24 ha (189.74 ha notified forest +32.50 ha GM (JJ) 2. SEB=249.90 ha (34.84 ha notified forest + 215.06 ha GM (JJ) 3. NEB=157.10 ha (97.45 ha notified forest + 57.65 ha GM (JJ) 4. QLC=4.07 (1.35 ha notified forest + 2.72 ha GM (JJ)
The proposal for diversion of 24.90 ha for the sub block SEB listed at SI No. 2 above have now been forwarded by the State Government seeking approval for obtaining forestry clearance. 14.028 ha forest land under this sub-block was broken prior to 180 and 70.972 ha of forest land was broken after 1980. While the lease including all the sub-blocks was being operated by M/s Tata Steel Ltd. with an understanding that since the mining lease was valid they could perhaps continue operations without seeking forestry clearance mid way. However, the thought it appropriate to seek forestry clearance while mining lease was still valid. Accordingly, the proposal for 249.90 ha was moved through the State Government of Jharkhand. While this was done by the State Government, the local Divisional Forest Officer issued closure notice for mining operations in this sub-block (SEB).
In the Order dated 29th June 2005 of Hon’ble High Court of Jharkhand in a similar case, the operative part of the order is as follows:
“For a period of six week and thereafter, till such time as the Central Government does not take a final decision in the application that may be filed by the Tata Iron & Steel Co. Ltd the petitioner company will be entitled to continue with mining activities in Duni and Pundi but the same will be strictly restricted to the areas where such activity is being currently undertaken by the Tata Iron and Steel Co. Ltd. and no coercive steps will be taken against the Tata Iron & Steel Co. Ltd or its officials or contractors, while carrying out such mining activity in the said areas”
With the approval of the competent authority it was decided to provide interim relief to M/s Tata Steel Ltd. by permitting them to continue their mining operations till a decision on the proposal of the State Government is taken. Accordingly, the State Government may please take a decision (5-6/c)
10. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not : a. Number of families : 59 b. Number of SC/ST families: 38 nos of ST. Some of the components of the rehabilitation plan is as follows, as per the proposal.
The company has acquired 5.79 acres of land in village Parsabera for rehabilitation purpose. Price of house depending on the nature of the construction 17 | P a g e
Allotment of 4 decimal (1600 sq. ft) developed land free of cost to each family at the rehabilitation site Company provides one employment or money in lieu of employment for every 3 acres or part thereof to the land losers Company provides transport facilities for shifting of their materials and belonging to rehabilitation site Transit allowance for a maximum period of 6 months @ Rs. 1000/- per month per family
11. Reclamation plan: A sketchy reclamation programme is enclosed as annexure 4. A broad head lines on OB management, vegetation and top soil removal, rehabilitation and re-vegetation of OB dumps and diversion of Jharna nallah etc. are given, but not much details is given. Later the use agency submitted some document for reclamation which is enclosed as annexure 4 (i). A detailed mine closure plan showing reclamation, back filling, etc. need to be prepared.
Details and financial allocation: Not very clear
12. Details on catchment and command area under the project:Not applicable 13. Cost benefit ration: Initially they did not submit. A new cost benefit calculation has been submitted by the user agency which is enclosed as annexure-5. 14. Recommendations of the Principal Chief Conservator of Forests/State Government: Recommended. 15. Recommendations of Chief Conservator of Forests (Central) along with detailed reasons: Appended separately. 16. Dy. Conservator of forest shall given detailed comments on whether there are any alternative route/alignment for locating the project on the non-forest land: This is the application for the quarry in operation, also mine is site specific: so an alternative is not possible. 17. Utility of the project: Number of Scheduled Caste/Scheduled Tribes to be benefited by the project: The project will create job opportunities which will help SC and ST population also, directly and indirectly. (a) Whether land being diverted has an socio-cultural religious value: Not reported. (b) Whether any scared grove or very old growth trees/forests exist in the areas proposed for diversion: Not reported. (c) Whether the land under diversion forms part of any unique eco-system: Not reported. (d) Situation with respect to any Protected Area: Hazaribag Wildlife Sanctuary is around 60 Kms away from the project area. 18. Any other information relating to the project:
a. Diversion of Jharna nallah: As per the proposal the Jharna nallah is flowing through their mining lease hold area in Parasbera, is to be diverted towards east in the mining lease the Jharna nallah diversion is given as annexure-3 of the proposal is enclosed as annexure-6. During the site inspection the project authorities could not explain about the Jharna nallah could not be seen. While visiting the mining pit, there happened to be good rain during the previous might, it was seen that good volume of spring water was coming into the pit from the top.
b. Composite planning involving all the blocks- There are four numbers of blocks adjacent to each other, forming the entire lease of the TISCO in West Bokaro
The coal block under lease has various sub blocks which are given below as per the information contained in the ministry letter mentioned at violation part:
Q-E = 222.24 ha (189.74 ha notified forest + 32.50 ha GM (JJ) SEB =249.90 ha (34.84 ha notified forest + 215.06 ha GM (JJ) NEB =157.10 ha (97.45 ha notified forest + 57.65 ha GM (JJ) QLC =4.07 ha ( 1.35 ha notified forest + 2.72 ha GM (JJ)
Since the blocks mostly big blocks, also contiguous, then the area will be better managed in case all the blocks are combined together and operate as a single block. In fact, different components of the present block like reject dump, ash pond , air strip, etc. are common with some other blocks. The composite planning will help managing the entire lease better as the back filling and reclamation will be quicker. c. Ash pond component not shown in the proposal- During the site inspection it was found that the ash pond with an area of around 3-4 ha, is located almost at the centre of the application area, the details of which is given in the vegetation part. Te ash form the power plant located outside the block is transferred though the pipe in slurry from to this ash pond. On checking the land use pattern, it is observed that the ash pond has not been 18 | P a g e
figured. The same need to be properly reflected in the present land use as well as I the future use of the present application. The UA should properly picture the present land use pattern. d. Long operation, improper mine closure- The WEST Bokaro is in operation since long,. Much earlier to 1980 (indenture of sub lease and its supplemental lease both executed on 23rd January 1947) as per the information given at point 2.7 of the Mining Plan enclosed in the proposal. Now it appears of the pits has been properly reclaimed, some of the pits should have been back filled and reclaimed by the time. The action taken for closing the pit is lacking strong will, resulting in opening of the so much area for mining. They should take immediate steps to close some of the de-coaled pits. e. Issue of Co-terminus of FC permission with mine lease: on scrutiny of the proposal it is found that the lease deed was first executed during 1947. Today the period of FC clearance is given for 20/30 years for the mines, and the valid period of lease remains co -terminus with the validity of the forest clearance. In view of long lease of the application which is much onger than the present lease period of 20/30 years in may other cases, so a decision regarding the validity of the lease and its co-terminus status with the Forest (conservation) Act should be taken. f. Encroachment of lease area and issue of proper protection: During the inspection it has been found out that encroachment has taken place at different places, mosque, temporary huts, other permanent structures have come up inside the lease, the details of such encroachment has been given at vegetation part. It appears that the TISCO authorities have not taken proper steps to protect the land under their occupation as a result so much of encroachments have come up. While we were returning from mosque area, some women even shouted at us. The encroachment status, land use deviation status for the entire West Bokaro lease may be asked for to understand he gravity of the situation. g. Top soil storage -: Top soil is a vital component for the development of trees on the earth. The user agency has not kept any land for top soil storage, which otherwise should have been there. The clarity about the top soil storage etc. needs to be reflected on the land use pattern itself from the beginning. h. Virgin area management : the details of the virgin areas are given at vegetation part. Most of the virgin areas are in degraded state, except for few palash trees standing at some locations. The effort for gap planting, tree protection appears to be insufficient or non existent. i. Safety zone issue:-the user agency has not proposed any safety zone in the proposed application. However, the State Govt. has proposed 2.073 ha of safety zone. Apart from the mining boundary, there are other public utilities like roads, reservoir etc. around which appropriate safety should have been created. The safety zone of the entire lease also for this block should be calculated and should be properly delineated on the map. The user agency has submitted a safety zone map where a small green brand of safety zone has been shown on some eastern as well as southern boundary which is enclosed as annexure-7. However, the safety zone has not been given in the land use break up. The same need to be rectified. j. Issue of present day land status:- The present day land status appears to be different from the actual application, one example is the ash pond which is not shown in the land use. The actual present application should be properly calculated including the encroachments so that a correct picture about the land use comes out. k. Steep benches:- During the inspection it is found out that the faces of the pit mainly towards the public road along side the Jharna basti, are very steep. The top height is nearly around 100-300 ft from the pit bottom, appears almost like a cliff. However, there is not enough protection of the pit in Jharna basti side. No fencing has been erected, the wall crated along side the road has been breached and people are coming almost to the edge of the pits. The user agency should ensure that proper protection is given for such steep benches at the top, an accidental fall from such height will be fatal. l. Greening of the area till date: During the inspection it has been found that the virgin areas are mostly in the degraded state.; and except for Chhakundi plantations on some slopes, also on few roads, there was hardly sufficient greenery. The steps taken towards greening the area appears to be insufficient. The greening status of the entire lease should be asked for. m. Drainage around the area:- The Bokaro river is not flowing far away from the present block, it is the main river of the area to which different nallahs drain their water. Around the river many mines are located so the protection of the Bokaro river should be a priority.
Recommendation of Addl. PCCF (Central)-The forest diversion proposal was inspected by the CF (Central) during the month October’2011. The user agency was requested to reply certain observation of CF (Central) noticed during site inspection. The user agency had made a presentation in this office to explain the observations of CF (Central) and also has furnished the clarification. 10. The following observations of Regional Office may be examined and considered by the Ministry. (i) The user agency have four different mining proposals within one lease hold but renewal of the same have been differently & separately submitted to the Ministry. As per the present proposal the user agency has furnished the total area for this diversion proposal which is 293.29 ha out of which 215.06 ha (GM JJ), 45.44 ha (Notified Forest) and 32.79 ha (raity) land. 19 | P a g e
(ii) The details of land identified for compensatory afforestation has not been furnished by the State Govt. which is an essential precondition prior to the consideration of diversion. (iii) The State Govt. has proposed penal compensatory afforestation, for breaking 70.972 ha of GMJJ forest land by the user agency is violation of Forest (Conservation) Act, 1980. The user agency has mentioned that the legal status of GMJJ land was not clarified till the Hon’ble Supreme Court Judgment dated 12.12.1996 where the legal status of GMJJ land was considered as forest land. It is not clear from the report of the State Govt. whether the area was cleared before or after 1996. In my considered opinion, the view of the State Govt. regarding Penal Compensatory afforestation may be accepted. (iv) Mine closure plan showing reclamation, back filling & post mining land use may be clarified. At present, there is no proper mine closure plan with the proposal. The user agency may be directed to submit concurrent mine closure plan. (v) One nallah called Jharana nallah is flowing through the lease which is reported to be seasonal in nature. It is suggested that the user agency may be directed to either divert the nallah through the periphery or leave out 50 meters either side of the nallah as per mining rules. (vi) The user agency has informed that the area of ash pond is 7.68 ha. which has not figured in the proposal. Considering the future requirement of ash pond., it may also be included in the land use plan. (vii) It is observed that none of the mining pits have been properly reclaimed. The user agency has stated that all the mining pits are in operation and phase wise reclamation is being taken. It is suggested that the FAC may consider this issue and if agreed, the user agency may be directed to undertake concurrent reclamation. (viii) During the inspection, it has been found that encroachment has taken place at different places. It is observed that protection measures to prevent encroachment by the user agency require strengthening. They have suggested that the encroachers will be rehabilitated after being compensated properly. This issue may be examined and considered by the Minister. (ix) The user agency has neither proposed any land for top soil storage nor kept any such earlier top soil storage inside the lease. This mine is under operation since along but without any topsoil storage site. The user agency has clarified that 8.91 h of raity land will be utilized for storage of top soil. (x) During inspection it was found that the faces of the pit mainly towards the public road along side the Jharana basti are very stiff. The top height is around 100-300 ft from the pit bottom appears almost like a cliff. The User agency intends to do High wall mining for this portion. Stringent safety precautionary measures as per rules should be taken by the user agency to prevent accidental damage to people and wildlife of the area. (xi) During the inspection, it has been found that the virgin areas are mostly in the degraded state, except for Chakundi plantations on a few road side slopes. The user agency may ensure to take up afforestation in all the available and feasible areas in the non-mineralized zone and also in the area of mineralized zone till the area is required/available for mining. (xii) The Bokaro River is the main river of the area to which different nallahs drain their water & the river is surrounded by many mines. Hence, the protection and mitigative measures for the Bokaro river may be included as a part of the project planning to ensure that Bokaro river shall be free of pollution.
11. The proposal was considered by the FAC in its meeting held on 15th May, 2012. FAC discussed the proposal and noted that the State Government had not provided full details about compensatory afforestation and that there is a violation of Forest (Conservation) Act, 1980 in respect of 70.972 ha. of forest land classified as Gair Mumkin Jungle Jhadi (GMJJ). It was also noted that several important details like mine closure plan, provision for top soil storage, non-inclusion of ash pond in the proposal, trees to be felled, etc. which has been highlighted in the Site Inspection Report submitted by the Regional Office are not available in the proposal. It was also noted that mining has been done in small pockets, and that NPV etc. would have to be paid for the entire forest area in the whole mining lease and not in individual quarries as envisaged by the company. After discussing the Committee desired to have a detailed response from the State Government about these issues raised by the Regional Office of the Ministry in their Site Inspection Report. The Committee observed that the State Government has initiated the settlement of rights under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and that the certificate required as per the guidelines issued by the Ministry has not been submitted. The Committee will consider the proposal after the requisite documents are submitted by the State Government. 12. Accordingly, the State Government of Jharkhand was requested vide this Ministry’s letter dated 07.06.2012, as per recommendation of FAC, to submit the following information/documents to this Ministry: i. Full details about compensatory afforestation has not been provided. ii. There is a violation of Forest (Conservation) Act, 1980 in respect of 70.972 ha. of forest land classified as Gair Mumkin Jungle Jhadi (GMJJ). iii. Several important details like mine closure plan, provision for top soil storage, non-inclusion of ash pond in the proposal, trees to be felled, etc. have not been furnished. 20 | P a g e
iv. Since the mining has been done in small pockets, and that NPV etc. would have to be paid for the entire forest area in the whole mining lease and not in individual quarries as envisaged by the company. 13. The State Government of Jharkhand, Department of Environment Forests and Climate Change vide their letter No. Van Bhoomi – 15/2007/1426/VP dated 10.03.2016 submitted information/documents as sought by the Ministry’s letter dated 07.06.2012 as below
S. Information sought Information provided by the FAC No.
(i) Full details about compensatory In this regard the State Government informed that the user afforestation has not been provided. agency has procured & submitted an equivalent amount of non- forest land under jurisdiction of various forest divisions in lieu of proposed forest land. The Xerox copy of NOC for suitability of land with location outside the notified/demarcated area with compensatory afforestation scheme was submitted. The details of non-forest land as submitted by the project proponent is as follows:
Area mentione Area Name of Date of Name of Thana d in NOC propo forest issue of village & No. issued by sed in division NOC DFO in Acre Acre
Hazaribag Hazarib 3162/ Chutiaro 26.70 20.69 h East ag-222 25.09.14
Panki- Bhaward 1641/ 415 102.17 77.38 ah 11.04.09 Daltangun
g North 3803/ Harihrg 148.62 148.62 Battaua unj - 78 25.10.10
801 & Nagarut Garhwa 153.13 802 Jerua ari – 226.93 North 5 /14.05.0 186 9
Wild life Simaria 1162/ Division Tikdha 176.14 176.14 – 22 Hzaribagh 18.07.13
575.96 Total 680.59 5
275.53 233.18 Or Ha. 4 Ha. An area of 14.028 hectares forest land broken/ used before 25.10.80 and an area of 2.73 hectares for safety zone, both are falling within proposed forest land of 249.90 hectares.
(ii) There is a violation of Forest In this regard the State Government informed that the project (Conservation) Act, 1980 in respect proponent was agreed to pay double the cost of afforestation over of 70.972 ha. of forest land classified 70.972 hectares of GMJJ land i.e. 141.9974 hectares or 142.00 as Gair Mumkin Jungle Jhadi hectares against illegal breaking/use of GM JJ land. (GMJJ).
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(iii) Several important details like mine In this regard the State Government reported that was informed closure plan, provision for top soil by User Agency that mine closure Plan submitted vide their letter storage, non-inclusion of ash pond in No. TSL-DEL/460/2013 dated 05.12.2013 to Ministry of coal, the proposal, trees to be felled, etc. New Delhi for approval. User agency was also submitted Xerox have not been furnished. copy of relevant pages contains in mine closure plan and location of Ash pond within proposed forest land as additional evidence while submitting clarification with respect to point No. 3. The Xerox copy of undertaking related to point No. 2 & 4 are available
(iv) Since the mining has been done in In this regard the State Government informed that the User small pockets, and that NPV etc. Agency was agreed to pay NPV as per the current prevailing rate would have to be paid for the entire over entire notified forest area & GMJJ land falling within lease forest area in the whole mining lease hold area. and not in individual quarries as
envisaged by the company.
(v) The documents on settlement of right In this regard the State Government informed that the under Scheduled Tribes and Other Compliance of Scheduled Tribe and Other Traditional Forest Traditional Forest Dwellers Dwellers (Recognition of Forest Rights) Act, 2006 has been (Recognition of Forest Right) Act, submitted in accordance with the MoEF & CC’s advisory dated 2006 as per the guidelines issued by 03.08.2009. The Deputy Commissioner, Ramgarh issued a the Ministry may be submitted. certificate dated 03.09.2013 certifying all the clauses as stipulated in the MoEF&CC’s advisory committee dated 15.05.2012. The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been carried out and proposal was discussed in the meeting of concerned Gram Sabha (s) maintaining the prescribed quorum. The Gram Sabha has certified that there are no claims under the FRA, 2006.
14. The proposal was again considered by the FAC in its meeting held on 24.08.2016. FAC after considering all the above facts and the observations of the FAC in its earlier meeting held on 15th May, 2012 and after having heard the project proponent, Govt. of Jharkhand and the Regional Office, Ranchi, recommended that the following information be sought from the State Government:
i. The State Government will send the detailed Compensatory Afforestation Scheme and the site suitability certificate of the Compensatory Afforestation areas including from management point of view. ii. The number of Compensatory Afforestaion sites proposed is numerous and State may also attempt to consolidate the area into larger patches, fewer in number to ensure better management. iii. The User Agency shall through the State Govt. provide the Mine Closure Plan and also indicate the status of its approval by Ministry of Coal, GoI. iv. The provision for top soil management, details of land for ash pond and its status vis a vis land proposed for diversion etc. to be provided by the State Govt.
15. Ministry vide its letter dated 23.09.2016 (Pg-511/c) requested the State Government to provide the above information as per recommendation of FAC dated 24.08.2016.
16. Government of Odisha vide their letter no. Van Bhumi-15/2007-2956/V.P. dated 13.07.2018 (Pg-512-593/c) forwarded the reply as given by Principle Chief Conservator of Forests vide their letter no. 1832 dated 23.05.2018.The point-wised reply is as under:
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Sl. Observations made by Reply from the State Government No. MoEF&CC 1 The State Government In this regard, the State Government has just forwarded the reply will send the detailed furnished by the user agency that forest land, which is being diverted compensatory under the aforesaid project, is 233.184 ha non-forest against the 249.90 ha Afforestation Scheme forest-land, which has been marked under the total 04 divisions, the details and the site suitability are as follows. certificate of the Compensatory Non-forest land (Ha) Afforestation area Deatis of marked for Non-forest land including from Non-Forest compensat against forest management point view. Land related Name of forest ory land applied for Accus to Scheme division afforestatio the aforesaid tomed of CA n in which project prepared by appropriate DFO certificate is obtained. Garhwa Northern 91.88 72.12 Division Datanganj North 101.53 91.90 Division 233.184 Wildlife sanctuary division 71.31 71.31 hectare garden hectare garden 10.81 10.81 eastern division Total= 275.53 246.14 In accordance with the above list, 275.53 ha non-forest land has been certified by the respective forest officials concerned for compensatory afforestation and devoted and prepared scheme for compensatory afforestation on 246.14 forest land against 275.53 non-forest land. It is further informed that the user agency has to provide 249.90 hectares of non-forest land to state forest department under this project. But, 14.028 ha. forest land has been broken/used prior to 1980 and 2.73 hectares forest land is proposed for safety zone. Therefore, 233.142 (249.90 - 14.028 - 2.73 = hectares) non-forest land has been made available by user agency.
It is observed that the suitability certificates are same as given now (Pg-563-576/c) and furnished earlier (P-266-272/c).
2. The number of In this regard, the State Government informed that as per the compliance compensatory report of the user agency, all the proposed sites for compensatory Afforestation sites afforestation are adjacent to the forest land. Therefore, afforestation and proposed is numerous other forestry related activities are suitable in terms of work and safety. and State may also The proposed compensatory afforestation area is spread over a total no. of attempt to consolidate the four (4) forest divisions. The area of land is less due to it being a part of area into larger patches. the raiti land proposed for compensatory afforestation. The highlighted Fewer in number to verified map of the proposed compensatory afforestation site is given. endure better management. 3 The User Agency shall In this regard, the State Government informed that in the compliance report through the State Govt. submitted by the user agency, it has been mentioned that the Mine Closure provide the Mine Closure Plan was submitted in 2013 for the approval of the Ministry of Coal. Again, Plan and also indicate the the revised Mine Closure Plan was submitted vide Letter No - status of its approval by TSLDEL/170/2016 dated 23.08.16 to the Coal Ministry (Pg-586-588/c), Ministry of Coal GOI which is currently under consideration at the highest level.
However, the user agency vide their letter dated 23.08.2018 informed that the mining plan and the mine closer plan has been approved by Ministry of Coal vide their letter no. 13016/2/2017-PCA dated 29.08.2017. As 23 | P a g e
recommended by FAC to provide the Mine Closure Plan through State Government, but it is not done. 4 The Provision of top soil In this regard, the State Government informed that in the compliance report management, details of submitted by the user agency, the top soil removed during mining is kept land for ash pond and its at the designated site and has been utilized in the plantation. This has been status vis a vis land mentioned in the Mine Closure Plan. But it is observed that the top-soil proposed for diversion etc management is not being managed properly. This is the reason that to be provided by the where the plantation has been done, top soil has been brought in using from State Govt. the outside. Due to the deep mines, there is no top soil left in the mine. Ash Pond is located in Village- Barughutu, Khata No – 48, Plot No - 677, 786 and 787 measuring 7.68 (ha) is a non-farmed (jungle jhadi) land which is inclusive of the proposed area. Ash has been removed from it and now there is only Ash water left. Ash pond will be used for future work related to mining and other mining activities.
17. Department of Forest, Environment and Climate Change, Government of Jharkhand raised 3 points vide letter No. 1425 dated 10.03.2016. Compliance report in this regard as under:
Sl Query Compliance No.
1. Cadastral map of the entire lease State Government stated that it has been mentioned by the User area in which the lease is clearly Agency that a total of 04 projects with 1427.94 hectare forest land marked and the forest land falling under the cadastral map of the entire lease area are falling in it should be marked proposed, which are being considered at various levels, whose and all disclosure proposals details are as under: - should be clearly shown by the Sl Proposed user agency so that it can be Project Name No. Area Ha. ascertained which forest land 1 TISCO O.L.C. 4.07 remains for the purpose of diversion. 2 TISCO's Pundi Duni Project 222.24 TISCO’s Parsabera, Barughutu, Kedla 3 260.50 and Duni TISCO’s Barughutu, Kedla, Banji, 4 941.13 Parej, Duruksamar and Duni Total 1427.94 The Cadastral Map of the entire lease area has been enclosed at (Pg-577-587/c). Out of total forest land 1427.94 hectares, 596.90 ha is notified forestland and 831.04 ha is recorded as Jungle Jhari. It is worth mentioning here that on the said project Parsa Bera, Kedla, Barughoutu, and Duni are includes 34.84 hectares of Notified Forest Land and 215.06 ha Jungle Jhari totaling 249.90 ha.
2. Copy of approved mining lease State Government stated that the lease deed has been attached by the user agency. It is understood from the observation of lease that
in the year 1946, the lease agreement was made between Ramgarh Raja and Ramgarh and Bokaro Company and in the year 1947 the sub-lease agreement between the said company and West Bokaro Limited was signed. Again, in the year 1973, the agreement was signed between the State Government and West Bokaro Ltd regarding the said lease. It is worth mentioning here that under the MMRD Act 1956, lease execution is yet to be done by the state government.
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3. Land Schedule of the entire State Government stated that the Land Schedule of the entire lease lease hold area with the type of hold area, according to land type is provided by the user agency. land is to be marked. From the observation of the said report, it is seen that non-forest land has not been verified by the revenue department. The Undertaking by the User Agency has been given that the verification of non-forest land will be sent separately after receipt from the revenue department and if any additional forest land comes after verification, then its payment will be made at the prevailing rate of the time.
In view of above, the facts related to the proposal may be placed before FAC in its next meeting scheduled to be held on 30.08.2018 for their examination and appropriate recommendation. ****
Agenda No. 4 F. No. 8-24/2013-FC Sub: Diversion of 162.394ha (159.064 ha+3.33ha of safety zone) of forest land for Tubed Coal Block in favour of Tubed Coal Mines Limited in Latehar District in the State of Jharkhand. 1. The State Government of Jharkhand vide their letter No. 3/Van Bhumi-25/2012/908/V.P. dated 28.02.2013 had submitted a proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980 for diversion of 159.064 ha of forest land for Tubed Coal Block in favour of Tubed Coal Mines Limited in Latehar District in the State of Jharkhand. 2. The Tubed Coal Block over an area of 4.60 Sq. Km is located in Latehar district of Jharkhand State. It lies in the northern part of Auranga coalfield which is the Eastern most part of North Coal Valley Gondwana basin. Tubed coal block has been allocated to M/s Hindalco Industries Ltd and M/s Tata Power company Limited by Ministry of Coal, Govt. of India vide letter No. 38011/11/2006-CA-1 dated 01.08.2007. M/s Tubed Coal Mines Limited (TCML) a joint venture company has been formed by the above two allottees for development of the coal block. In order to exploit coal from the allotted block, M/s Tubed Coal Mines Limited (TCML) is interested to develop the mine to meet their captive requirement of 6.0 million tonnes of coal per annum. 3. Out of the total area of mining lease of 460 ha, total mining and dumping area will be 413 ha while remaining 47 ha will be utilized for services, barrier and safety zone. 350 ha of the area of the mining lease will be broken up for extraction of 139.654 million tonnes of coal. Total overburden to be generated during the entire period of mining activity will be 280.51 million cu.m out of which 200 million cu. m will be backfilled in the decoaled area thereby reclaiming the mining lease. 4. The allotted coal block has total mining lease area of 460 ha comprising of 162.394 ha of forest land and 297.606 ha of non-forest land. Area of safety zone of the mining lease is 3.33 ha. It is pertinent to mention here that State Government did not include the area of safety zone in the total area applied for diversion. As per the Guidelines dated 12.07.2012 issued by the MoEF, the area earmarked for safety zone should have been included in the total area applied for diversion under the Forest (Conservation) Act, 1980. 5. Sukri river flowing in South-West part of the block controls the main drainage of the area. There are 3 East-West flowing nalas which drain into Sukri River. Besides this, there is also a nala located in the northern part of the block which joins Sukri river. 6. The allotted coal block has total mining lease area of 460 ha comprising of 162.394 ha of forest land and 297.606 ha of non-forest land. 7. Area of safety zone of the mining lease is 3.33 ha. The nodal officer has recommended for including the safety zone in the diversion proposal. As per the Guidelines dated 12.07.2012 issued by the MoEF, the area earmarked for safety zone has to be included in the total area applied for diversion under the Forest (Conservation) Act, 1980. 8. The proposal is for diversion of 162.394 ha (159.064 ha+ 3.33 ha of safety zone) of forest land for new mining lease in favour of the project proponent. 9. The legal status of forest land proposed for diversion is Protected Forests.(Protected forest 52.19 ha; Deemed Forest 106.874 ha; safety zone 3.33ha ,Total 162.394 ha).
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10. Density of vegetation is less than 0.3 and total number of trees to be felled are 46579. As reported by the User agency, the number of trees of girth below 60 cm is 25901, the number of trees of girth above 60 cm is 20678. 11. The area is moderately prone to erosion. 12. There is no protected archaeological/heritage site/defence establishment in the proposed area. 13. The proposed area does not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve etc 14. No rare/endangered/unique species of flora and fauna have been found/recorded in the area. 15. No violation of FC Act 1980 has been reported and the proposed area is unavoidable and also is barest minimum. 16. Environment Impact Assessment (EIA) studies are being under taken & Environment Management Plan is under progress 17. The user agency has applied for mining lease over this allotted block. The mining plan has been prepared and has been submitted for approval of the Ministry of Coal. 18. CA has been proposed over equivalent non-forest land. User Agency has submitted list of 06 village comprising 418.31 acre or 169.29 ha of non-forest land for compensatory afforestation work which is outside of Latehar District. Seven years compensatory afforestation scheme by three forest territorial division viz. Giridih, Daltonganj (N) &Latehar Division for 169.29 ha with total outlay of Rs. 13537689.00 is submitted with this proposal. Giridih Forest Division 83,47,308.21 Daltonganj (N) Division 41,37,100.00 Latehar Forest Division 10,53,290.00 Total 1,35,37,688.21 or Rs 1,35,37,689/- 19. Land suitability certificates in respect of above mentioned 6 villages have been submitted by the concerned DFOs viz. Giridih, Daltonganj North & Latehar Forest divisions. 20. As reported by the User agency (Part-I of Diversion Proposal), the number of families to be displaced are 201 and number of SC & ST Families are 12 & 161 respectively. The Rehabilitation Plan is submitted. 21. The proposal was discussed by the FAC in its meeting held on 17th January 2014 and after detailed discussion on the proposal and interaction with the project proponent, the FAC had recommended that following information/documents may be obtained from the State Government and thereafter proposal be placed before the FAC. i. Compliance of the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006(FRA) in accordance with the MoEF’s guideline dated 3rd August 2009. ii. Clarification from the state government whether R&R plan is approved by the State Government. iii. Diversion plan of Sukri Nallah, as recommended by the Regional office of the MoEF, duly approved by the State Government. iv. Duly authenticated 10 Km radius map indicating the other existing/proposed mines and protected areas. v. Recommendation of the State Government on inclusion of safety zone in the diversion proposal in accordance with the MoEF’s guidelines dated 12 July 2012. vi. Reason for establishing the labour camps with in the forest area proposed for diversion. 22. The above recommendations of the FAC was communicated to the State Government vide MoEF’s letter dated 3rd February 2014. 23. The State Forest Department had submitted a certificate dated 29th January 2014 (Pg- 769-770/c) issued by the District Collector, Latehar that that complete process for settlement of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been carried out and proposal was discussed in the meeting of the concerned Gram Sabha with quorum of 50%. Certificate issued by the District Collector is in accordance with the MoEF’s Guidelines dated 3.08.2009. However copies of Gram Sabha resolutions have not been submitted. 24. Information on other points, as indicated in para 21 (ii) to (vi), desired by the FAC is still awaited from the State Government. 25. The proposal was again discussed by the FAC in its meeting held on 13th &14th February, 2014. The FAC noted that Ministry of Environment and Forests (MoEF) received a letter No. 13016/ 04/ 2014-CA-I dated 15th January 2014 from the Ministry of Coal wherein it had inter-alia been stated that Coal Blocks where Forest Clearance Stage-
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I (wherever required) have not been obtained till 5th February, 2014 will be de-allocated. The tubed coal block has been placed at sl no 17 in the list of 61 coal blocks annexed with above letter. 26. FAC after detailed deliberations recommended that opinion of the Ministry of Coal may first be obtained whether keeping in view the time-lines stipulated in their said letter dated 15th January 2014 wherein it has inter-alia been stated that Coal Blocks where Forest Clearance Stage-I (wherever required) have not been obtained till 5th February, 2014 will be de-allocated, grant of stage-I approval under the FC Act for diversion of forest land located within these blocks can be considered by the Ministry of Environment and Forests. After getting the clarification from coal ministry, the same will be put up before the FAC for consideration. 27. The Ministry vide its OM no. 3-2/2009-FC (pt.I) dated 14.02.2014 (Pg-809/c) had sought clarification from the Ministry of Coal as per recommendation of the FAC. 28. Ministry of Coal vide their letter no. 13016/04/2014-CA-I dated 19.02.2014 (Pg-810/c) informed that in order to avoid such a situation the Secretary (Coal) had immediately after the decision by the CCEA and submission of the ‘Statement’ before the Supreme Court written to you stating that all such actions need to be completed before the deadline of 05.02.2014 as submitted in the Statement before the Supreme Court. This was preceded by two Senior Officers of the level of Joint Secretary of the Ministry of Coal meeting the Secretary, MoEF and other Senior Officers to apprise them about the decision of the CCEA and the timelines which had been set by CCEA. Ministry of Coal further advised to this Ministry to seek opinion of the Ministry of Law and Justice or approach the CCEA as deemed necessary. 29. The issue of instant pending proposal was raised in the meeting held recently at IPB, New Delhi in connection with Coal Mining Projects. 30. This coal block is one of the Coal Block among 204 coal blocks whose allocation has been cancelled by the Hon’ble Supreme Court (S.N.65 of the cancelled list; F/L). No further communication with regard to this Block has been received from Ministry of Coal yet.
In view of above, the facts may be placed before FAC in its next meeting scheduled to be held on 30.08.2018 for their examination and appropriate recommendation. ****
Agenda No. 5 F. No. 8-82/2016-FC
Sub: Proposal for prior approval under section 2 (iii) of forest (conservation) act, 1980 for 229.00 ha forest land for limestone mining at village naokari-kusumbi, dist. Chandrapur in favour of M/s Manikgarh Cement Ltd. 1. The State Government of Maharashtra vide their letter No. FLD-2016/CR-406/F-10 dated 22.12.2016 has forwarded an application of M/s Manikgarh Cement Limited for seeking prior approval under Section 2 (iii) of Forest Conservation Act, 1980 concerning over 229.00 ha forest land for Limestone mining at village Naokari- Kusumbi, Dist.Chandrapur in favour of M/s Manikgarh Cement Ltd.
2. The above mentioned proposal was considered by the FAC in its meeting held on 26.12.2016, 25.04.2017, 20.07.2017 and 26.10.2017. 3. The project is located in the Central Chanda Forest Division, District Chandrapur, Maharashtra 4. The legal status of the forest land is Reserved Forest 5. The area falls under Eco-class 3 and the vegetation density is 0.4. 6. The proposed area does not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. 7. No protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area. 8. No work of in violation of the Forest (Conservation) Act, 1980 has been carried out. 9. Complete Compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is not given. 10. It is also mentioned that the Stage-II approval was accorded for diversion for 247.96 ha in favour Manikgarh Cement Limited under Section 2 (ii) of Forest (Conservation) Act, 1980 vide this Ministry’s letter no. 8-64/2001- FC dated 28.11.2001 11. Nodal Officer has recommended the proposal subject to certain conditions. 12. State Government of Maharashtra has recommended the proposal. 27 | P a g e
13. Further, Ministry vide its letter no. 5-01/2017-FC dated 08.02.2017 was requested the State Governments to provide a list of existing mining leases executed on or before 11.1.2017/ status of validity of all mining leases which had been saved under the provisions of MMDR Act, 2015, and pending in this Ministry for consideration under Section 2 (iii) of Forest (Conservation) Act, 1980. 14. The State Government of Maharashtra vide their letter no. FLD-2017/CR-80/F-10 dated 24.03.2017 has provided the status of various pending proposals including the present status of M/s Manikgarh Cement - “The initial LOI for 643.62 ha was issued by the State Government vide letter dt. 30.4.1979. The first Mining lease for 643.62 ha was executed on 3.11.1981. Out of 643.62 ha 150.62 ha forest area was surrendered vide Government of Maharashtra letter dt. 27.8.1987. Out of the balance 493 ha forest land formal approval to the project for 264 ha was granted by Government of India vide letter dt. 3.2.1986. The proposal for remaining 229 (190.42 ha + 38.58 ha Jivati area) forest land under Section 2 (iii) of FCA, 1980 is under consideration at Government of India level. The matter is sub-judice in the Hon’ble Bombay High Court, Nagpur Bench”. 15. The project proposal was recommended by FAC in its meeting on 25.04.2017 but since there was ambiguity over the validity of letter of intent(LOI) issued to theproject authority and the matter was subjudice so the competent authority preferred it to be reconsidered by FAC again on 20.07.2017.In its recommendation FAC on 20.07.2017 recommended not to grant permission to the state Government under section 2(iii) of FC Act till the final orders of the Hon’ble High Court on applicability of provisions of section 10-A (2) (c) of MMDR Act.2015 are passed. 16. The project proponent vide their letter dated 16.09.2017 had submitted a copy of Hon’ble Bombay High Court (Nagpur Branch) Judgement dated 12.09.2017 in response to Writ Petition No. 104 of 2017, in connection of Grant of prior approval under section 2 (iii) of forest (Conservation) Act, 1980 for 229.00 ha forest land for Limestone mining at village Naokari-Kusumbi, Dist. Chandrapur in favour of M/s Manikgarh Cement Ltd .Hon’ble Bombay High Court (Nagpur Branch) passed an order on 12.09.2017 stating that:
The matter is heard and is being disposed of in the backdrop of orders passed in Writ Petition No. 126/2017. Here, the petitioner got first Mining lease on 17/08/1981 for period of 20 years. Steps for its renewal were initiated and Environmental Clearance was already given on 24.10.2007. When the provisions of Amended Act, 2015 came into force, the issue regarding Forest Clearance was already pending. The Forest Advisory Committee in the meeting conducted on 25.04.2017 has recommended the proposal for approval under section 2 (iii) of the Forest (Conservation) Act, 1980. The proceeding of Meeting of Forest Advisory Committee held on 20th July, 2017 reveal that because of Guideline 2.1 (VI), the positive recommendation has not been accepted due to pendency of the present writ petition. This fact of case at hand and in Judgements/orders (supra) are identical. Hence, with similar observations and same directions, we partly allow the writ petition and dispose it of No order as to costs.
17. The Hon’ble Court directed in Writ Petition No. 126/2017 that: “………it is apparent that the favourable recommendation to the Forest Advisory Committee dated 25.04.2017 needs to be looked into on merits by respondent No. 1 and pendency of petition before this court cannot be a ground to postpone it. Accordingly, we direct respondent No. 1 to consider that recommendation on merits, within a period of three months from today.” 18. FAC in its meeting held on 26.10.2017 observed that the Hon’ble Court has directed the respondent no -1, the Ministry of Mines, to look the matter on its merits. The FAC has recommended not to recommend the proposal submitted by the State Government under section 2(iii) for assignment of forest land on lease in favour of user agency M/S Manikgarh Cement Ltd in light of the absence of valid LOI in favour M/S Manikgarh Cement Ltd which lapsed under provisions of the sub section 10A (2)(C) of MMDR Amendment Act 2015 and sub rule 8(4) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016. The prior approval under section 2(iii) of FC Act can be granted only in favour those who has valid LOI at the time of grant of prior approval. Now in light of the Court order dated 12.09.2017, the State government shall get the matter related to validity of LOI in favour of M/S Manikgarh Cement Ltd clarified from the ministry of mines and make necessary recommendations to the Ministry. If the LOI in favour of M/S Manikgarh Cement Ltd is found to be valid after 11.01.2017 then the certificate of validity of LOI may be submitted to the Ministry for consideration.
The FAC after detailed discussion on the issue recommended that the present application under section 2(iii) may be kept in abeyance till a speaking order regarding validity of letter of intent (LOI) in favour of M/S Manikgarh Cement Ltd valid after 11.01.17 is received from the competent authority in the state government in compliance of the Court order dated 12.09.2017. Accordingly, the recommendation of FAC, 28 | P a g e
after obtaining approval of Hon’ble MEF, was communicated to State Govt. vide this Ministry’s letter of even no. dated 07.12.2017 (pg.449-450/c).
19. Now, Manikgarh Cement vide its letter dated 20.07.2018 (Pg. 451/c) informed that Stated Govt. of Maharashtra has issued clarification regarding validity of Mining lease vide their letter No. MMN-2201/C.R.150/Ind.9 dated 19.07.2018 , confirming that the entire Mining lease of 493 Ha, which includes an area of 229 Ha Forest land pending for approval under section 2(iii) of forest Conservation Act, 1980, is valid till 16.08.2031 and they requested to consider the said submission and accord necessary approval under section of 2(iii) of Forest Conservation Act 1980 for 229 ha Forest land, so that further action in this matter will be initiated for execution of Mining lease.
20. The State Govt. vide their letter no. MMN-2201/C.R.150/Ind.9 dated 19.07.2018 (Pg. 452-479/c) as referred by the project proponent stated that (i) M/s Manikgarh Cement Ltd. has been granted mining lease for limestone over 643.62 ha in village Naokari-Kusummbi, tah. Rajura, Dist-Chandrapur vide Government of Maharashtra, order dated 30.04.1979. Mining lease has been executed on dated 17.08.1981. The lessee has surrendered 150.62 ha area out of 643.62 ha area. Now the total remaining mining lease area is 493 ha. (ii) The lessee had applied to the State Government for renewal of mining lease over an area of 493 ha on dated 23.12.1999. The State Government has been granted renewal over 302.54 ha area vide order dated 15.11.2002 and lessee has been informed to submit forest clearance for remaining area 190.42 ha. (iii) The lessee has applied to MoEF, GoI for approval under Section 2 (iii) of Forest Conservation Act, 1980 for 229 ha area of forest land. Also, the lessee has obtained the NOC from MoEF, GoI by the letter dated 03.02.1986 for an area of 264 ha out of the total lease area 493 ha. (iv) The Section 10 A of the Mines and Mineral (Development and Regulation) Amendment Act, 2015, would be applicable in those cases where, before the commencement of the Amendment Act, 2015, a reconnaissance permit or prospecting licence has been granted and a letter of intent has been issued by the State Govt. to grant a mining lease. On the date of commencement of the Amendment Act, 2015, the said mining lease was already stood renewed, and, therefore, the present case would not under section 10 A 2 (C) of the Mines and Mineral (Development and Regulation) Amendment Act, 2015, . As per section 8 (a) (5) of the Mines and Mineral (Development and Regulation) Amendment Act, 2015, the extended period of the said mining lease is up to 16.08.2031. So there is no question about the legal validity of letter of intent issued for the said mining lease in favour of M/s Manikgarh Cement ltd. where the mining lease is already executed.
The above facts may be placed before FAC in its next meeting to be held on 30.08.2018 for appropriate decision. ****
Agenda No. 6 F. No. 8-32/2018-FC Sub: Proposal for diversion of 48.83 ha of forest land under Forest (Conservation) Act, 1980 in Rajnandgaon Circle, Rajnandgaon for construction of Markatola Tank in favour of Water Resources Department, Rajnandgaon in Rajnandgaon District in the State of Chhattisgarh. 1. The State Government of Chhatisgarh vide their letter No. F-5-6/2018/10-2 dated 21.03.2018 submitted the above mentioned proposal seeking prior approval of the Central Government under Sectin-2 of the Forest (Conservation) Act, 1980. 2. The facts related to the proposal as contained in the State Government’s letter dated 21.03.2018 are given below in the form of fact sheet: FACT SHEET 1. Name of the Proposal Proposal for diversion of 48.83 ha of forest land under Forest (Conservation) Act, 1980 in Rajnandgaon Circle, Rajnandgaon for construction of Markatola Tank in favour of Water Resources Department, Rajnandgaon in Rajnandgaon District in the State of Chhattisgarh.
2. Location (i) State Chhattisgarh (ii) District Rajnandgaon 29 | P a g e
3. Particulars of Forests: (i) Name of Forest Division and Forest area Rajnandgaon Forest Division involved. 48.83 ha
(ii) Legal status/Sy.No. Protected Forest Land 4. Vulnerability to erosion Not prone to erosion 5. (i) Vegetation Not given
(ii) Density 0.5, Site quality-V
(iii) No. of trees enumerated/to be actually felled 7910 trees 6. Whether area is significant from wildlife point of No view 7. Whether forms part of National park, Wildlife No Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. (if so, details of the area and comments of the Chief Wildlife Warden 8. Whether any RET species of flora and fauna are No found in the area. If so details thereof
9. Approximate distance of the proposed site for Proposed area is within the forest compartment diversion from boundary of forest. 10. Whether any protected archaeological/ heritage No site/defence establishment or any other important monuments is located in the area. 11. Whether any work of in violation of the Forest No (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. 12. Whether the requirement of forest land as Yes proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum for the project, if no recommended area item-wise with details of alternatives examined. 13. Whether clearance under the Environment Yes, (protection) Act, 1986 is required? Not obtained by the user agency 14. Compensatory Afforestation It is mentioned that the instant proposal has no exemption for compensatory afforestation (i) Details of non-forest area/degraded forest Nothing is mentioned about CA in Part-II of the form A. area identified for CA, its distance from However, in the forwarding letter it is mentioned that the adjoining forest, number of patches, sixe of each patches. Compensatory Afforestation has been identified over (ii) Map showing non-forest/degraded forest 102.237 ha. (92.237 ha. in vill. Parevadeeh and 10.00 ha in area identified for CA and adjoining forest village Manhora) in double Orange forest land (Pg-01- boundaries. 02/c) (iii) Detailed CA scheme including species to be planted, implementing agency, time schedule, cost structure, etc. (iv) Total financial outlay for CA (v) Certificate from the competent authority Certificate for suitability of CA land is given for 100 ha regarding suitability of the area identified for stating that the proposed CA land falls within forest CA and from management point of view. boundary, suitable for plantation, and there is no encroachment. (Pg-73-74/c) 15. Catchment Area Treatment CAT plan is not given by the project proponent stating that there is not requirement (Pg. 79/c)
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16. Rehabilitation of Oustees a) No of families involved Nil b) Category of families NA c) Details of rehabilitation plan NA 17. Employment likely to be generated a) Whether the project is likely to generate Yes employment b) Permanent/ Regular Employment (Number 10 of person) c) Temporary Employment (Number of 20 person-days) 18. Compliance of Scheduled Tribe and Other FRA certificate is given (Pg-232/c). However, Traditional Forest Dwellers (Recognition of documentary evidences are not given. Forest Rights) Act, 2006 19. Site Inspection Report by CF Pg-86-87/c
20. Total period for which the forest land is 1 (One) year proposed to be diverted (in years) (Pg. 17/c) 21. Cost Benefit Ratio 1:0.468 (pg-43/c). Cost benefit ratio has not been calculated as per latest guidelines dated 01.08.2017 issued vide this Ministry. 22. Total Cost of the Project Rs 1347.89 (Rupees in lakhs) 23. Recommendation Proposal is recommended subject to following conditions: i. DFO (Pg-26/c) i. The project proponent shall not violate the provisions of Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, Forest Conservation Act, 1980 and Biodiversity Act, 2002. ii. Clearing of forest land shall not be done and breaking of forest land shall not be done. iii. No damage to the flora and fauna shall be caused. iv. Environment shall not be polluted. v. Temporary road shall not be constructed in forest area.
ii. CCF Recommended (Pg-88/c) iii. PCCF/Nodal Officer Recommended (Pg-89/c) iv State Government Recommended (Pg-90/c) 24. District Profile (i) Total Geographical area of the district 5378.94 Sq. Km.
(ii) Total Forest area/ Divisional Forest area 1547.94 Sq. Km.
(iii) Total area diverted 657.16 ha since 1980
(iv) Total CA stipulated since 1980 (Forest land) a. Forest land including penal CA No b. Non Forest Land No
(v) Progress of Compensatory Afforestation a. Forest land No b. Non Forest land No
3. The proposal pertains to requirement of forest land for construction of water tank by water resource department 4. It is proposed that the density of the protected forest is 0.5 and site quality is V. 5. It is reported that area is not significant from wild life point of view 6. It is reported that it does not forms part of National park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor, etc. 31 | P a g e
7. It is reported that there is no protected archaeological/ heritage site/defence establishment or any other important monuments is located in the area 8. No work in violation of FCA 1980 has been carried out in the area. 9. Compensatory afforestation has been reported to have been proposed over 102.237 ha of Orange Forest Land. 10. Cost benefit ratio has not been calculated as per latest guidelines dated 01.08.2017 issued by MoEF&CC. 11. DFO had recommended the proposal subject to following conditions: a) The project proponent shall not violate the provisions of Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, Forest Conservation Act, 1980 and Biodiversity Act, 2002. b) Clearing of forest land shall not be done and breaking of forest land shall not be done c) No damage to the flora and fauna shall be caused. d) Environment shall not be polluted. e) Temporary road shall not be constructed in forest area. 12. The proposal is recommended by CCF, PCCF/Nodal and state government. 13. The said proposal was considered by the FAC in its meeting held on 17.05.2018 and recommended that the proposal may be submitted after receiving the reply on the following points: (i) Compensatory afforestation is proposed over 100 ha of Orange Forest land in lieu of forest area sought for diversion. On analysis on DSS it is observed that some compartment of the proposed CA area is falling in protected Forest. Since present proposal is a state government project, double degraded forest area for CA cannot be accepted and need reverification. State government shall revise the CA scheme and the area proposed for CA plantation and submit it along with DSS analysis report for consideration of FAC. (ii) Detail land use plan of the proposed area is not given. State government shall submit land use plan. (iii) As per enumeration list of trees to be felled submitted by state government it is observed that 7910 trees are to be felled but in DFO recommendation it is reported that cleaning of forest and breaking of land shall not be done. This recommendation of DFO may be clarified. (iv) As per description provided in the proposal it is mentioned that the total period for which forest land is proposed for diversion is only for one year. This detail need further clarification from state government (v) State government shall submit cost benefit analysis as per latest guidelines dated 01.08.2017 issued by MoEF&CC. 14. Accordingly, the State Government of Chhattisgarh vide this Ministry’s letter dated 14.06.2018 (pg. 287-288/c) requested to provide the information as mentioned in para (13) above for further necessary action. The Nodal Officer (FCA), Government of Chhattisgarh vide their letter No. Bhu-Praband/sinchai/425-61/2219 dated 13.07.2018 (pg. 289-297/c) has submitted their reply. The information sought by MoEF&CC and reply thereof given by the State Government are as below:
S. Information sought by MoEF&CC Reply submitted by the State Government N. i Compensatory afforestation is proposed over It is reported by the State Govt. that in lieu of diversion of 100 ha of Orange Forest land in lieu of forest 48.83 ha Forest land, the Collector Rajnandgaon vide his area sought for diversion. On analysis on DSS certificate dated 25.11.2017 has given no objection it is observed that some compartment of the certificate for declaring 102.237 Ha. Revenue forest land proposed CA area is falling in protected Forest. (Orange Forest land) as Forest land but due to unsuitability Since present proposal is a State Government of the revenue forest land for plantation work. The plantation work @ 1000 saplings per Hectare has been project, double degraded forest area for CA proposed over an area of 97.66 Ha in the compt. No. 702 cannot be accepted and need reverification. & 704 of Protected Forest land in adherence of the State government shall revise the CA scheme guideline dated 08.11.2017 issued by the Govt. of India. It and the area proposed for CA plantation and is also reported that the above matter had already been submit it along with DSS analysis report for communicated by the State Govt. vide their letter No. F 5- consideration of FAC. 6/2018/10-2 dated 21.03.2018 at point no. 6 during submission of proposal to this Ministry.
Thus, the State Govt. has not revised the CA .
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ii Detail land use plan of the proposed area is not In this regard, it is reported by the State Government that given. State government shall submit land use the proposed diversion area has been completely taken for plan. dam construction and detailed as submitted by the User agency (Pg. 291/c) are as follows:
S. Work Area (ha) No. 1. Left Bank Canal A 0.851
2. Left Bank Canal B 0.629
3. Approch Channel 1.518 4. Tank Bund And 40.323 Submergance 5. Spill Channnel 5.60 Total 48.83
iii As per enumeration list of trees to be felled In this regard, it is reported by the State Government that submitted by state government it is observed the activities like cutting and clearing of trees and digging that 7910 trees are to be felled but in DFO of land shall not be done in outside of the diverted forest recommendation it is reported that cleaning of area and nearby forest area. forest and breaking of land shall not be done. This recommendation of DFO may be
clarified.
iv As per description provided in the proposal it In this regard, it is reported by the State Government that is mentioned that the total period for which after dam completion and till its existence the proposed forest land is proposed for diversion is only for diversion area shall be treated as deemed part of dam. The one year. This detail need further clarification User agency has furnished undertaking in this regard (Pg. from state government. 292/c).
v State government shall submit cost benefit It is reported by the State Government that the Cost analysis as per latest guidelines dated Benefit Analysis is given in the prescribed format and the 01.08.2017 issued by MoEF&CC. cost benefit ratio is 1:0.468 (Pg. 293-297/c).
15. The instant proposal of prospecting for chromite has also been analyzed by the DSS Cell of this division and their report may kindly see at F/X. The major observations are as under: (a) In Case of Land proposed for Diversion: Calculated area of Shape file/ KML file of Forest land proposed for diversion is found 48.83 ha. As per DSS analyzed report, the proposed area for diversion has dense tree cover and same can be seen in High Resolution satellite imagery.There is no WLS/ PA/ Tiger Reserve or Tiger Corridor is located within 10 Km radius of proposed area for diversion. (b) In Case of Compensatory Afforestation Land: Compensatory afforestation has been proposed over Protected Forest land & also over Non-forest/ Revenue land. CA has been provided in Four different patches falling under the Rajnandgaon district.Total area of proposed Compensatory afforestation land is found 198 ha. as detailed below:
Patch Legal Compt No./ Area Range VDF MDF OF NF Water No. Status Khasra No. (Ha) Protected 1 Khujji 702 50 0 15 14 21 0 Forest Protected 2 Khujji 704 50 0 5 18 27 0 Forest
Revenue KH NO 3 Khujji 88 0 46 12 30 0 Land 141/1
Revenue KH NO 4 Khujji 10 0 0 1 8 1 Land 492/1 Total 198 ha is proposed for CA 198 0 66 45 86 1
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As above, Out of total forest area proposed for CA, 66 ha of land is characterized with Moderately Dense Forest, 45 ha. of land as Open forest and 86 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.As depicted through High resolution satellite imagery, encroachment of Agricultural land is visible inside Compt. No. 704 which is proposed for CA.
The above facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 30.05.2018 for examination and appropriate recommendation.
****
Agenda No. 7 F. No. 11-83/2018-FC Sub: Violation of Forest (Conservation) Act,1980 in Kathautia Coal Block in Jharkhand-regarding.
The Government of Jharkhand vide their letter no. Van Bhoomi (vividh)- 14/2015-2260 V.P. dated 30.05.2018 (pg. 154-237/c) informed the following with a request to clarify the provisions of imposition of penalty in the guidelines issued vide 11-42/2017-FC dated 29.01.2018: (i) The Kathautia Coal Block was allocated to M/s Usha Martin Ltd . by Ministry of Coal, Government of India for captive coal mining in the year 2003. (ii) The mining lease for an area of 687.93 ha. out of a total area of 938.27 ha. of Kathautia Coal Block for a period of 30 years was sanctioned in favour of Usha Martin Ltd. on 07.03.2007 by the Mining and Archaeological Department, Government of Jharkhand subject to certain conditions prescribed therein (pg. 157-166/c). The mining lease was executed on 15.10.2007 and thereafter Usha Martin Ltd. started mining in the said coal block (pg. 167-175/c). (iii) It is also mentioned by the State Govt. that as per the letter of PCCF dated 13.09.2017, there is no notified forest land in accordance with Indian Forest Act,1927 in the sanctioned lease area to M/s Usha Martin Ltd (pg. 176- 177). (iv) This Kathautia coal block was cancelled as per the order of Hon’ble Supreme Court in the year of 2014. (v) The said coal block was allocated to M/s Hindalco Industries Ltd. on 23.03.2015 by Ministry of Coal’s vesting order dated 23.03.2015. In continuing of vesting order, the mining lease for 687.93 ha. out of a total area of 938.27 ha. of Kathautia Coal Block was sanctioned in favour of M/s Hindalco Industries Ltd. by the Mining and Archaeological Department, Government of Jharkhand on 27.07.2015. The lease in favour of M/s Hindalco Industries Ltd. was executed by the Commissioner on 09.09.2016 and thereafter of M/s Hindalco Industries Ltd. started from April, 2017mining in the said coal block. (vi) Dy. Commissioner, Palamu vide his letter no.-1400 dated 19.10.2015 (pg. 178-183/c) has intimated to secretary (Revenue, Planning and land reform department) that: (a) in accordance with survey khatayan, out of total lease area of 687.93 ha (1699.19 Acre), 658.74 ha. (1627.10 Acre) was inspected and found that the status of 139.34 ha (344.16 Acre) was jungle Jhadi (deemed forest). (b) Due to ragged khatayans, 104.07 ha was not inspected.
(vii) As per Dy. Commissioner (Palamu)’s letter no. 1405 dated 12.07.2017, it is mentioned that 344.16 Acre land is not jungle-Jhadi (pg. 184-185/c). (viii) Prior permission for non- forestry use of forest land /deemed forest land (jungle –jhadi) under FCA 1980 is required as per the order of Hon’ble Supreme Court dated 12.12.1996 in civil petition no. 202/1995 (ix) A meeting on the issue of nature of land as per published record of rights was conveyed on 22.01.2018 under the Chairmanship of DGF&SS at New Delhi, wherein the following was clarified vide letter no. 7-90/2013–FC (Vol.V) dated 16.02.2018: (a) Any forest land recorded in the Govt. records or (b) Any land having forest over it in dictionary meaning irrespective of its status shall not be utilized for non-forestry purposes (with effective from 25.10.1980). (c) Any change or revision in revenue records brought to change the land use as Forest/Junglate or similar meaning entry would also attract provision of Forest Conservation Act, 1980 so the issue may kindly be clarified to all Government entities in State of Jharkhand.
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In-connection with above clarification of the Ministry, the legal opinion is being sought by the State Govt. However, the clarification as given vide letter no. 7-90/2013 –FC (Vol.V) dated 16.02.2018 (F/G) accepted then violation of the provisions of FCA, 1980 occurred in the instant case . (x) M/s Hindalco Industries Ltd. was directed by DFO, Medininagar vide his letter dated 03.08.2017 and DC(Palamau)’s letter dated 09.10.2017 to start mining in said block, after getting approval under Section (ii) of FCA,1980, and against the said orders, M/s Hindalco Industries Ltd. filed a case vide IA No.6046/2017 before Hon’ble High Court of Jharkhand on which the Hon’ble Court directed: “In the meantime, operation of the impugned letter contained in memo no. 4008 dated 03.08.2017 (Annexure- 6) issued by the Division Forest Officer, Medininager, Palamau, and letter/memo No.1912 dated 09.10.2017 (Annexure-7) issued by Dy. Commissioner,Palamau shall remain stayed subject to the condition that the petitioner shall not undertake any mining operation so far as 344.16 acres of leased area which is said to be recorded as ‘Jungle Jhari’ in the earlier survey.” (xi) Accordingly, this Ministry has decided to adopt following guidelines while imposing penalty in various cases, on the recommendations of FAC/REC after due deliberation in its meeting, for use of forest land for non-forestry purposes in violation of the provisions of the FCA, 1980, Rules made thereof and guidelines issued from time to time to implement FC Act and Rules:
A: In cases where the proposal under FC Act has not been submitted and forest land is diverted without FC:
i. Diversion of forest land for non-forestry purposes without the prior approval of the competent authority in the state will be dealt under the provisions of Indian Forest Act 1927 or State Forest Acts or any other State act dealing with such land as the case may be. The land in question will not be considered as diverted under FCA 1980 and the status of land shall continue to be Forest. ii. If the permission for use of forest land for non-forestry purposes have been granted by the state authority without the prior approval of the central government under section 2 of the Forest Conservation Act 1980 then action under section 3A and /or 3B of FC Act, as may be applicable shall be taken against the authority causing the diversion. A report with full details of violation shall be submitted by the State Government on the recommendation of the Forest Department of the State to the Ministry of Environment, Forests & Climate Change Government of India, New Delhi and formal enquiry shall be conducted by the Regional Office of the MoEF & CC.
2. In connection with Kathautia Coal Block in Jharkhand, Usha Martin Ltd. vide their letter dated 17.07.2018 addressed to DGF&SS has given a representation stating the following:
i. Kathautia Coal Block in Daltonganj Coalfield in Jharkhand was allocated to Usha Martin Ltd by Ministry of Coal, Government of India vide its letter no. 47011/1(6)/2002-CPAM/CA dated 29th September, 2003 (Annexure -1:Pg.241-243/c). The allocation letter was amended deleting Condition (iv) specifying underground mining method vide letter dated 21st July, 2004 of the Ministry of Coal, Government of India (Annexure – 2:Pg.244/c) ii. Prior to execution of Mining Lease with Usha Martin, the District Mining Officer, Daltonganj made enquires about the nature of land existing in Kathautia Coal Block from Circle Officer, Patan and Division Forest Officer, Daltonganj vide his letters 531/M and 532/M both dated 06.08.2004 (Annexure -3:pg.245-248/c). iii. Circle officer, Patan vide his letter no. 293 dated 17.08.2004 (Annexure – 4: pg.249/c) submitted the information as follows. There was no mention of the presence of Jangal Jhari in the area. a. Applied area is not notified forest. b. Applied land comprise of pathway, houses, Tand-I, Tand II, Tand III, Dhan II, Dhan III and Parti and cultivation. c. Public Place, Religious Place, and Public Road have been marked on the list of plots given by Usha Martin. There is no cremation ground. d. Applied area is at a distance of about 3 KM from Forests. e. Plot wise list and the map of the area is being returned duly authenticated.
iv. Division Forest Officer, Daltonganj North Forest Division after detailed investigation and inspection of the 938 ha area forwarded his comments as follows vide his report dated 3268 dated 14.12.2004 (Annexure – 5: pg.250-252/c).
a. Area of applied Plots is not a notified forest and is out of demarcated forest boundary.
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b. In light of the order of the Hon’ble Supreme Court in WP 202/95, the nature of land was ascertained in accordance with Khatiyans. However, Khatyans in respect to 76 Plots were not available. c. The matter in respect to the 76 plot whose Khatiyans were not available was referred to Circle Officer Patan who vide his letter No. 333 dated 06.09.04 confirmed that as per with the records available there is no mention of Jangal Jhari against any of the plots. d. The Deputy Collector Archive was thereafter approached vide letter 2913 dated 4.11.2004 who vide his letter dated 24.11.2004 confirmed that Khatiyans in respect to Villages Kathautia, Kajari and Batmara are torn and could not be issued. Copy of Khatian of Village – Sakhnee Plot no.192 was available which was subsequently obtained by Usha Martin and submitted. e. Due to non-availability, Khatiyans of 75 plots could not be inspected.
The Divisional Forest Officer, vide the above mentioned letter advised that based on the records and information available, he had no objection if coal mining lease is approved on the following conditions: (i) A written undertaking be taken from the company to the effect that the mining lease shall be cancelled in case mining is done in the adjoining forest area. (ii) In the light of the interim Order passed by the Hon’ble Supreme Court, inspection could once again be done by the company to find out if there exists any plot under “Jungle Jhari” category in the land, applied for. (iii) The company shall not use forest road, for transportation of coal. (iv) The company shall arrange fire-wood, etc. on its own and for use by the labourers. (v) Lease Leased Area shall be demarcated by pucca pillars. v. Government of Jharkhand accorded approval for execution of lease deed (Annexure – 6: pg.253-262/c) in respect to Kathautia Coal Block with Usha Martin incorporating conditions mentioned by the Divisional Forest Officer, Daltonganj vide its letter 523 dated 07.03.2007.
Lease was between Usha Martin and the Govt. of Jharkhand was executed on 15.10.2007.
vi. Allocation of Coal Blocks was cancelled by the Hon’ble Supreme Court vide Judgement dated 25th August, 24th August read with Order dated 24th Sept., 2014 and thereafter Ordinance (Annexure – 7: pg.263-290/c) was issued by the Government of India.
vii. Auction of the Kathautia mine was subsequently conducted by the Ministry of Coal and Vesting Order (Annexure – 8 :pg.291-306/c) was issued in favour of successful bidder Hindalco Industries Ltd on 23.08.2015. Lease with Hindalco was executed by the State Government on 09.09.2015.
viii. Deputy Commissioner, Palamu who himself executed the mining lease on 09.09.2015 with Hindalco, submitted a report on 19.10.2015 to the State Government that out of 687.93 ha leased area 139.34 ha (344.16 acre) was found Jangal Jhari and Khatians of 104.07-acre land could not be inspected as Khatians were damaged. He further mentioned that as per the current survey nature of the said 344.16-acre land is not Jangal Jhari.
ix. The State Government vide its letter dated 28.05.2018 has approached your office seeking guidance in respect to recovery of amount from Hindalco as well as Usha Martin on account of obtaining forest diversion of Jangal Jhari area despite of the known fact that Usha Martin’s allocation of Coal Block was cancelled by the Hon’ble Supreme Court in August, 2014.
3. It is further mentioned by the Usha Martin Ltd. in their representation that as above, there is no lapse on part of Usha Martin and State Government had made extensive enquiries from concerned departments in respect to nature of land and lease was executed thereafter. Usha Martin would have obtained permission for forest diversion had presence of Jangal Jhari area was known during its lease tenure and would have received compensation towards cost/charges it would have incurred in the process from the present allottee. Usha Martin had started mining on small area of 39 acres of the 344.16 acre area now declared as Jangal Jhari when the block was deallocated. The State Government is not releasing Usha Martin’s about Rs. 103 Cr. deposited by Usha Martin on account of land acquisition till the advice on this matter is received from the MoEF&CC and requested to kindly forward a clarification and advice to the State of Jharkhand.
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The above facts may be placed before FAC in its forthcoming meeting scheduled to be held on 30.08.2018 for their examination and appropriate recommendation. ****
Agenda No. 8 F. No. 5-3/2007-FC (Pt.) Sub.: Request for partial withdrawal of M/o EF&CC guidelines dated 09.05.2018 for stipulating the norms for Survey and Investigation (Prospecting of Ores) on forest land.
This Ministry received representations from the Ministries of Mines, Coal and Petroleum and Natural Gas to relax the existing guidelines to exempt drilling of 15 – 20 bore-holes per sq. km in forest area for prospecting of minerals from the requirement of obtaining prior approval of the Central government under the Forest (Conservation) Act, 1980. Accordingly, the proposal for increasing the density of bore holes per hectare for the purpose of exploration of minerals under Forest Conservation Act. was discussed in FAC on 22.3.2018 and FAC after thorough deliberation with representatives of Ministry of Coal, observed that the exploratory drilling for prospecting of mineral ore over an area of about 10 m x 10 m per drilling site is a non-forestry activity and drilling of 20 such drilling will certainly affect the forest and wildlife.
2. With the approval of competent authority on the recommendation of Forest Advisory Committee in connection with prospecting of minerals to further simplify the process of grant of approval under the FCA, 1980 for prospecting of mineral in forest areas, the Ministry issued a guideline on 09.05.2018 stating the following:
i. The prospecting of minerals by drilling bore holes for collecting seismic waves and collecting mineral samples constitutes non-forestry activities for the purpose of Forest Conservation Act. ii. The user agency shall apply online for diversion of forest area as per the procedure laid down by MoEF&CC from time to time. iii. General approval may be accorded to the state government by the MoEF&CC for prospecting of minerals in forest land having average weighted crown density up to 40 % as per the latest FSI report. iv. In case of coal, lignite and metallic ores - test drilling up to 20 boreholes of maximum 8” dia per 1.0 sq km and in case of non-metallic ores excluding coal & lignite - test drilling up to 16 boreholes of maximum 6.6” dia per 1.0 sq km for prospecting exploration or reconnaissance operations, without felling of trees, may be allowed by state government. In all other cases involving more number of drilling of bore holes, prior permission of Central Government under the Act would be required. v. In case of seismic survey for exploration of hydro carbon the user agency shall pay NPV @ of 2.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. The amount shall be deposited online in the Adhoc CAMPA. State government shall get the amount verified from Adhoc CAMPA prior to allowing actual work on ground. vi. In case of survey for coal, lignite, ferrous and non-ferrous minerals using core drilling technology in forestland having crown density upto 40%, the prospecting agency shall pay NPV @ of 5.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. The amount shall be deposited online in the Adhoc CAMPA. State government shall get the amount verified from Adhoc CAMPA prior to allowing actual work on ground. vii. In case of survey for coal, lignite, ferrous and non-ferrous minerals using core drilling technology in forestland having crown density between 40 to 70 percent, the State Government shall forward the application to the Regional Office of the Ministry for consideration. The proposal will be considered in the REC and if recommended then the approval will be granted with mandatory condition inter alia that user agency will pay NPV @ of 10.0 per cent of the total prospecting lease area in which exploration/prospecting /survey is proposed. viii. The NPV deposited for prospecting will not be adjusted against the diversion proposal of forest land under section 2 of FCA 1980.The amount will be non-refundable as well non-adjustable. ix. User agency shall submit complete plan of operation for prospecting in the entire forest area in the mining block prior to start of work to the Nodal officer of the state. x. User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandoned bore-hole area and degraded forest land as per prescription of working plan in a contiguous patch. xi. The user agency shall engage ICFRE to conduct study on the impact numbers of bore holes for prospecting over 37 | P a g e
forest and wild life of the area and suggest mitigation measures. The design of study shall be approved by MoEF&CC. xii. Prospecting in protected areas such as national parks, wildlife sanctuaries, biosphere reserve, Tiger reserves, corridors, pristine forests identified by State and Central Government etc. shall not be allowed. xiii. The delegation of power to grant permission for prospecting by the state government shall be valid for 5 years only and will be reviewed after expiry of five years.
3. The Ministry further received representation given by Federation of Indian Mineral Industries (FIMI) forwarded by NITI Aayog, NRE Vertical-E&F Division, Government of India, New Delhi vide their OM letter No. 12074/2(2)/2015-E&F dated 31st May, 2018 vide which partial withdrawal of M/o EF & CC guidelines for stipulating the norms for Survey and Investigation (Prospecting of Ores) on forest land was sought. This issue was considered by the FAC in its meeting held on 19.06.2018.
4. Recommendation of FAC on 19.06.2018: After thorough deliberation and discussion with APCCF, Regional Office, Bhopal, Nagpur, Bhubaneswar, Bangalore, Chennai and Nodal Officers of Maharashtra, Karnataka, Madhya Pradesh recommended that following conditions in MoEF&CC guidelines no 5- 3/2007-FC dated 09.05.2018 may be modified as: (i) Condition no X of the guidelines states that User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandonedbore-hole area and degraded forest land as per prescription of working plan in a contiguous patch.
It shall be read as: User agency shall prepare a plan to plant 20 tall trees per bore-hole area. The cost of preparation of plan and plantation shall be borne by the user agency. State government shall ensure that the plants are planted on abandoned bore-hole area or degraded forest land as per prescription of working plan.
(ii) The condition no XI states that The user agency shall engage ICFRE to conduct study on the impact numbers of bore holes for prospecting over forest and wild life of the area and suggest mitigation measures. The design of study shall be approved by MoEF&CC.
This condition is recommended to be deleted: FAC recommended that the guideline no 5-3/2007-FC dated 09/05/2018 shall be modified accordingly. 5. While the file s processed to solicit the approval of MEF on the recommendation of FAC it was decided that the issue of imposition of NPV @ of 10 % of the total prospecting lease area in which exploration/prospecting /survey and the NPV deposited for prospecting will not be adjusted against the diversion proposal of forest land under Section 2 of FCA 1980, and the amount will be non-refundable as well non-adjustable, shall be reviewed in next FAC meeting.
6. It is also mentioned that IA division vide their OM No. Z-11013/19/2017-IA(M) dated 10.08.2018 (F/M) forwarded a copy of minutes of meeting held on 02.07.2018 between the Secretary (EF&CC) and Secretary (MoC) to review environment /forest clearance to coal mining projects / washeries. With regard to issues related to forest clearance for exploration of coal in forest areas, it is mentioned in the Minutes that : To address the concerns of Ministry of Coal regarding enhancement of boreholes density for coal exploration in forest areas, the matter was last discussed by the Forest Advisory committee in its meeting held on 19th June, 2018. It was informed that the matter relating to payment of NPV for exploration activities requires more deliberation and examination of different court orders. Ministry of coal informed that the regional/detailed exploration of coal from non CIL blocks is funded through central sector schemes. Paying huge NPV from this fund would charged in proportion to the actual diversion forest land (0.07%). Secretary (EF&CC) appreciated the concern and assured to look into the matter. 38 | P a g e
7. The Ministry of Mines, Ministry of Coal and Govt. of Jharkhand in a meeting held on 14.08.2018 under the Chairmanship of Hon’ble Minister at Indira Paryavaran Bhavan(IPB), New Delhi raised the issue of imposition of NPV in the guidelines as issued vide this Ministry’s letter no. 5-03/2007-FC dated 09.05.2019 for prospecting. The details are as under:
S. Ministry/ State Issue raised No. i. Ministry of Mines It is stated by the Ministry of Mines that the imposition of 5-10% Net Present Value (NPV) for taking up the exploration and also make it to engage ICFRE to conduct study on the impact and suggest mitigation measures, of which, the design also shall be approved by MoEFCC.
It is estimated that the cost of carrying out exploration will increase manifold due to the imposition of 5-10 % NPV and will in turn lead to more delays in the explorations. Under the garb of relaxation of the said guidelines, in fact more restrictions have been imposed on explorations. This will adversely affect the mineral exploration which is essential for mineral development in the country.
In view of above, it is requested that the condition of imposition of NPV for prospecting operations and requirement of impact study to be done through ICFRE need to be reviewed by MoEFCC to create a favourable regime for encouraging exploration activities and the earlier request of exempting up to 20 boreholes/sq. Km. for prospecting of minerals in forest areas may be allowed for. This will not only enable accurate assessment of mineral resources, but is also essential for scientific and optimal mining for minimizing the impact on environment.
ii. Ministry of Coal Ministry of Coal mentioned that the Exploring drilling in the forest areas is a temporary event lasting for a maximum of about 10 days and that too only during day time. The area covered for exploration is generally less than 0.07% of the area per sq.km. No permanent change in caused to the forest land during the exploratory drilling process by CMPDI. Similarly, the surface geophysical survey by CMPDI neither require any bore hole to be drilled nor explosive charge is blasted. Rather, CMPDI uses either hammer or vibrosis for generating seismic waves. The exploration activity by CMPDI, neither involve felling of trees nor making of new roads in forest areas. CMPDI takes up exploratory drilling mainly in open canopy area wherever approach is available. Whereas, as per notification No. F.No. 5-3/2007-FC dated 9th May, 2018, it is stipulated to apply online for diversion of forest for drilling purpose. The following is submitted in this regard:
a) Drilling does not require diversion of forest land. Therefore, for undertaking drilling activities, the required formalities need to be cut short. b) It should specify the process of application for grant of general approval for drilling in forest having crown density less than 40%. c) Since there is little disturbance to flora and fauna population in the forest due to drilling, payment of NPV @5% in case of crown density up-to 40% and NPV @10% in case of crown density from 40-70% is not justified. This is so because there is no diversion of forest land for exploration and impact is negligible. This amount is non-refundable and non-adjustable. This will require huge capital expenditure and will be a repeat expenditure on account of CAMPA as mining companies have to pay it again for diversion of forest for mining purpose. d) The notification provides for cost to be borne by user agency for planting 20 tall trees per bore hole. This will incur additional expenses.
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e) It is suggested that the provisions contained in the Forest (Conservation) Act, 1980 dated 16.12.2008 may be simplified as “In case of coal, lignite-test drilling upto 7 (seven) boreholes of maximum 6” dia per sq. km. for prospecting, exploration or reconnaissance operations, without felling of trees, shall not attract the provisions of the Act.” 2.The above issue was also deliberated in the joint meeting held on 2nd July, 2018 between the Secretary (Coal) and Secretary (EF&CC) to review EC/FC to Coal mining projects/washeries. As informed, the matter has been discussed in the Forest Advisory Committee in its meeting on 19.06.2018 wherein it was informed that the matter relating to payment of NPV for exploration activities requires more deliberation and examination of different court orders. 3. MoC also informed that the regional/ detailed exploration of coal from non-CIL blocks is funded through Central Sector Schemes. Paying huge NPV from this fund would reduce the output of exploration meterage. It was also insisted that if at all NPV to be charged, it should be charged in proportion to the actual diversion of forest land (0.07% approx.). Secretary (EF&CC) assured to look into the matter. iii. Govt. of Jharkhand With reference to notification no 5-3/2007/FC dated 09.05.2018, for prospecting in forest area, the user agency shall pay NPV at the rate of 2%, 5% or 10% of the total prospecting lease area depending on average weighted crown density, type of minerals and technology used. Payment of NPV when the presence of mineral itself is not certain is not reasonable and therefore the user agency may not be asked to pay NPV during prospecting.
In view above, the facts may be placed before FAC scheduled to be held on 30.08.2018 for their examination and appropriate recommendation. **** Agenda No. 9 F. No 13-34/2016-CAMPA Sub: Discussion on the report of Sh. Tejinder Singh Committee for imposition of various conditions while issuing Stage-I and Stage-II conditions along with template of forwarding letter with regard to various categories projects under FCA,1980. 1. A committee under the chairmanship of Dr. Tejendre Singh, Addl. PCCF (Central) , Regional Office, MoEF&CC , Bhopal was constituted vide order no. 13-34/2016-CAMPAdated 19.12.2017 to consider and make recommendations on monitoring of projects undertaken with financial assistance from the corpus held with Ad-hoc Compensatory Afforestation Fund Management and Planning Authority. 1) To develop the frame work for monitoring of allworks undertaken from the Compensatory Afforestation Funds, released by the Ad-hoc CAMPA : 2) To develop proper forms to be filled and submitted for monitoring; 3) To analyse the existing conditions and develop the standard and general conditions to be stipulated in the forest clearance granted under the FC Act 1980. These conditions should be quantifiable, measurable visible and monitor able by the authorities responsible for monitoring of compliance of these conditions; 4) To suggest agencies which may be registered for monitoring of the works and suggest the terms and conditions proposed and submitted with the monitoring report, as Annexure. 2. The matter with respect to Terms of Reference mentioned at point no. 1, 2 and 4 of TOR was discussed. A presentation regarding monitoring protocol for plantation done under FDA was made by Shri Rajesh
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Kumar of Forest Survey of India. Representative of Forest Survey of India informed that EFC memo for monitoring has already been prepared and approved by Forest Survey of India and available with FSI. The only constraint is funds. Therefore, Committee unanimously decided that the entire monitoring work required to be carried out under CAMPA may be given to FSI who already has detailed monitoring protocol prepared for this purpose.
It was further decided that MoEF&CC may have detailed discussion with FSI with regard to requirement of funds and other logistic support for carrying out monitoring work. Further committee also decided that later a meeting with Regional Offices and ICFRE may also be called to know the way they can be involved in monitoring work with FSI.
3. The standard Stage-I and Stage-II conditions along with template of forwarding letter with regard to various categories projects was discussed and finalized as attached as below:
Draft Stage-I : Hydro Electric Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर् MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Hydro Electric Project …………………………………… project.
Ref : Minutes of Meeting of FAC/ REC letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………ha of Reserved / Protected forest land for Hydro Electric Project …………………………………… project subject to the following terms and conditions:-
1. Compensatory afforestation:
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil- …………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department.
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2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV:
a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department.
5. Copy of approved Catchment Area Treatment (CAT) Plan, if applicable shall be submitted in accordance to para no. 4.8 (i) of Forest (Conservation) Act, 1980 Handbook.
6. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
8. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Hydro Electric Project भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... ,
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...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Hydro Electric Project …………………………………… project.
Ref: 1) This office In-principle approval letter No. …………………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Hydro Electric Project of State Govt.……………. subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department.
6. The felling of trees shall be restricted to FRL-4 meter only and felling of trees shall be carried out by the State Forest Department. Number of trees to be removed shall be kept at barest minimum during the execution of the project.
7. The Catchment Area Treatment Plan (CAT) shall be implemented as per approved scheme. 8. User agency shall undertake afforestation along the periphery of the reservoir. 9. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 10. The layout plan of the proposal shall not be changed without prior approval of Central Government. 11. No labour camp shall be established on the forest land. 12. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel.
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13. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 14. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 15. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. User agency shall provide free water for forestry related activities/ projects. 19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 21. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully, (………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Industry Project भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Industry project in State Govt. of …………………………………….
Ref :Minutes of Meeting of FAC/ REC letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………ha of Reserved / Protected forest land for Industry project …………………………………… subject to the following terms and conditions:-
1. Compensatory afforestation: 44 | P a g e
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil- …………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department.
2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department.
5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
7. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Industry Project भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :………….
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To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Industry …………………………………… project.
Ref: 1) This office In-principle approval letter No. …………………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Industry …………………………………… project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the State Forest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986. 7. The user agency shall maintain green belt (33%) within the allotted area as per the directions of the concerned Divisional Forest Officer. 8. No labour camp shall be established on the forest land. 9. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 10. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 11. The forest land shall not be used for any purpose other than that specified in the project proposal. 46 | P a g e
12. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 13. The concerned Divisional Forest Officer, will monitor and take necessary mitigative measures to ensure that there is no adverse impact on the forests in the surrounding area.
14. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 15. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 16. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions.
Yours faithfully,
(…………………..) ………………………..(C)
Draft Stage-I : Irrigation Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of ………………. Irrigation project in state Govt......
Ref : Minutes of Meeting of FAC / REC letter No. ………………… dated ……………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated …………….. on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In-principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of ……………………. ha Reserved / Protected Forest land for construction of ………………. Irrigation project in state Govt...... subject to the following terms and conditions:-
1. Compensatory afforestation:
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil-
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…………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department.
2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department.
5. Copy of approved Catchment Area Treatment (CAT) Plan shall be submitted in accordance to para no. 4.8(i) of Forest (Conservation) Act, 1980 Handbook, if applicable.
6. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
8. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Irrigation Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. 48 | P a g e
To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of ………………. Irrigation project in state Govt......
Ref: 1) This office In-principle approval letter No. …………………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forestland of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha Reserved / Protected Forest land for construction of ………………. Irrigation project in state Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The felling of trees shall be restricted to FRL-4 meter only and felling of trees shall be carried out by the State Forest Department. Number of trees to be removed shall be kept at barest minimum during the execution of the project. 6. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 7. User agency shall undertake afforestation along the periphery of the reservoir. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel.
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11. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 18. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
(………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Mining Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Mining …………………………………… project.
Ref :Minutes of Meeting of FAC/ REC letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………ha of Reserved / Protected forest land for Mining …………………………………… project subject to the following terms and conditions:-
1. Compensatory afforestation: 50 | P a g e
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil- …………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided.
b) The non-forest land shall be transferred and mutated in favour of Forest Department.
2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department.
5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
7. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Mining Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To,
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The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Mining …………………………………… project.
Ref: 1) This office In-principle approval letter No. …………………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Mining …………………………………… project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986. 7. The User Agency either itself or through the State Forest Department shall undertake fencing, protection and afforestation of the safety zone area (7.5 meter strip shall be kept within the mining lease or mining cluster, as applicable and such other areas as specified in the approved mining plan) at the project cost. Area of safety zone of a mining lease shall be a part of the total area of the mining lease. 8. The period of diversion of the said forest land shall be co-terminus with the period of the mining lease granted under the Mines and Minerals (Development & Regulating) Act, 1957 or Rules framed thereunder. 9. The user agency shall undertake mining and reclamation of the mined out area as per the approved mining plan and the directions of the concerned Divisional Forest Officer. 10. No labour camp shall be established on the forest land. 52 | P a g e
11. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 12. The boundary of the diverted forest land, mining lease area and safety zone shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 13. The forest land shall not be used for any purpose other than that specified in the project proposal. 14. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 15. The change in the layout plan of the mining lease, if required, shall be done as prescribed in the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 16. The concerned Divisional Forest Officer, will monitor and take necessary mitigative measures to ensure that there is no adverse impact on the forests in the surrounding area.
17. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 18. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 19. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions.
Yours faithfully,
(…………………..) ………………………..(C)
Draft Approval letter : Prospecting proposals
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Prospecting proposals in State Govt. of …………………………………….
Ref : The State Govt ……….. letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered by the Central Government for issuance of approval. Now the undersigned, on behalf of the Central Government conveys approval for diversion of …………ha of Reserved / Protected forest land for prospecting …………………………………… subject to the following terms and conditions:-
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1. The User Agency shall be allowed exploratory drilling of a maximum of …………….. borehole of ……………” diameter over …………… ha of forest land. 2. The prior approval of Govt. of India under Section 2 of FC Act for prospecting in this forest area under consideration is only for resource assessment and mapping and does not confer in any manner any right to the State Government to divert such forest land under Section 2(ii) of Forest (Conservation) Act, 1980 for mining purpose in future in favour of this user agency or any other mining company on the plea that forest clearance for prospecting has been granted. 3. Charges towards NPV & CA as applicable shall be realized by the State Govt. from the User agency & deposited in Ad-hoc CAMPA fund through e-portal. 4. User agency shall seek permission of concerned Divisional Forest Officer before entering into the forest area and borehole shall be dug with prior permission of the concerned Divisional Forest Officer and also furnish detailed report thereof on completion of the project. 5. Proper plugging of borehole shall be made after exploration activities are complete to the satisfaction of the concerned Divisional Forest Officer. 6. No tree felling shall be undertaken for exploration activities. Project activities shall be restricted to clearing of bushes and lopping of tree branches if any for the purpose of site preparation. 7. The user agency shall be responsible for any loss to the flora and fauna in the surrounding. Any damage done in this regard shall be compensated by the user agency from the project cost as per assessment of the concerned Divisional Forest Officer. 8. No new road shall be constructed by the user agency for transporting prospecting tools and machines. The user agency may use the existing forest road/ path with prior information to the concerned Divisional Forest Officer. The area used for path during the prospecting work shall be restored to its original status of forest after completion of prospecting work. 9. No other construction activities shall be done by the user agency on forest land. Existing path and roads only will be used by the user agency for the purpose of prospecting activities and drilling of borehole will be limited to ……………no. with diameter of ……………..” within forest land will be dug. 10. Any change in the diameter of borehole and number of bore holes will be reported to the Regional Office in advance for consideration and recommendations to the Central Government. 11. Adequate measures shall be taken by the user agency to ensure that prospecting activities do not harm the wildlife in the area. Any damage done in this context, shall be compensated by the user agency as per assessment, by the concerned Divisional Forest Officer. 12. No labour camp shall be established on the forest land and no work shall be allowed after sunset.. 13. In case, rights over forest land proposed to be used for prospecting purpose, has already been settled in favour of eligible claimants as per provisions of the Forest Rights Act, 2006, the claimants shall either be compensated appropriately or location of borehole by suitably re-located. 14. Initially the permission for prospecting will be granted for two years from the date of issue of this approval which can be extended for one more year with convincing justification from the State Government for extension. 15. In case of violations of conditions by the user agency, the permission for prospecting of minerals shall be suspended by the concerned Divisional Forest Officer. Further it shall be enquired by the Nodal Officer (FCA) of the State Government and report to be submitted to the Regional Office for appropriate action. 16. The samples collected during the prospecting shall be used purely for investigation purposes and shall in no case be used for trade or commerce purpose. 17. To minimize disturbance to the wildlife, user agency shall take all possible measures to minimize noise during prospecting operations and halt the prospecting activities during night and during such periods in the day as may be advised by the concerned Chief Wildlife Warden, concern State Forest Department. 18. The user agency and the State Government shall ensure compliance to provisions of the MoEFCC Guidelines F. No. 11-96/2009-FC dated 4th July, 2014 issued by the Ministry regarding drilling in the forest land.
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19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dated 29/01/2018. 20. The State Government and user agency shall comply the provisions of the all Acts, Rules, Regulations, guidelines, NGT order & Hon’ble Court Order (s) pertaining to this project, if any, for the time being in force, as applicable to the project. Yours faithfully,
(………………………………) Dy. Conservator of Forests (C)
Draft Stage-I : Railway Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Railway ...... of State Govt......
Ref : Minutes of Meeting of FAC / REC letter No. ………………… dated ……………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated …………….. on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………. ha Reserved / Protected Forest land for construction of Railway ...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department.
4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No.
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202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through (http://forestsclearance.nic.in/). 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. Speed regulating signage will be erected along the railway line at regular intervals in the Protected areas/ Forest Areas. 10. The user agency shall provide suitable under / over passes in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 11. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 12. The layout plan of the proposal shall not be changed without prior approval of Central Government. 13. No labour camp shall be established on the forest land. 14. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 15. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 16. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 17. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 18. The forest land shall not be used for any purpose other than that specified in the project proposal. 19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 21. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 22. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully, (………………………………) Dy. Conservator of Forests (Central)
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Draft Stage-II: Railway Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Railway ...... of State Govt......
Ref: 1) This office In-principle approval letter No…………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of …………. ha Reserved / Protected Forest land for construction of Railway ...... of State Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. Speed regulating signage will be erected along the railway line at regular intervals in the Protected areas/ Forest Areas. 6. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC.
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7. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 11. The boundary of the diverted forest land shall be demarcated on ground at the project cost as per the directions of the concerned DFO. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 18. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Road Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Road ...... of State Govt......
Ref : Minutes of Meeting of FAC / REC letter No. ………………… dated ……………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated …………….. on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
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The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………. ha Reserved / Protected Forest land for construction of Road ...... of State Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department.
4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard. b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/). 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. User agency shall raise strip plantation on both sides and central verge of the road as per the IRC norms. 10. Speed regulating signage will be erected along the road at regular intervals in the Protected areas/ Forest Areas. 11. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 12. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 13. The layout plan of the proposal shall not be changed without prior approval of Central Government. 14. No labour camp shall be established on the forest land. 15. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 16. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 17. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work.
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18. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 19. The forest land shall not be used for any purpose other than that specified in the project proposal. 20. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 21. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 22. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 23. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Road Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Road ...... of State Govt......
Ref: 1) This office In-principle approval letter No…………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forestland of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
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Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of …………. ha Reserved / Protected Forest land for construction of Road ...... of State Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. User agency shall restrict the felling of trees to minimum numbers in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 6. User agency shall raise strip plantation on both sides and central verge of the road as per the IRC norms. 7. Speed regulating signage will be erected along the road at regular intervals in the Protected areas/ Forest Areas. 8. The user agency shall provide suitable under / over pass in Protected area / Forest Area as per recommendations of CWLW / NBWL / FAC / REC. 9. The User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 10. The layout plan of the proposal shall not be changed without prior approval of Central Government. 11. No labour camp shall be established on the forest land. 12. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 13. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 14. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 15. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 16. The forest land shall not be used for any purpose other than that specified in the project proposal. 17. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 18. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 19. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
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(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Thermal Power Project भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Thermal Power Project …………………………………… project.
Ref : Minutes of Meeting of FAC/ REC letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………ha of Reserved / Protected forest land for Thermal Power Project …………………………………… project subject to the following terms and conditions:-
1. Compensatory afforestation:
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil- …………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department.
2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV:
a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
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b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees shall be deposited by the User Agency with the State Forest Department.
5. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
6. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
7. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Thermal Power Project भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Thermal Power Project …………………………………… project.
Ref: 1) This office In-principle approval letter No. …………………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
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The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Thermal Power Project of State Govt.……………. subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department.
6. The State Govt. shall ensure that no non-forest / construction activity shall be carried out by the user agency within specified distance beyond HFL of ………… River, if thermal power plant is located on the bank of river.
7. The user agency shall ensure that ash produced due to the unit shall not pollute the air and water of the nearby areas for which, green belt shall be maintained around the proposed unit and necessary plantation in the nearby villages / habitation should be carried out in consultation with the local people.
8. User agency shall undertake afforestation along the periphery of the reservoir, if thermal power plant is reservoir based project.
9. The user agency shall also utilize the ash generated by supplying for construction of road project within the 100 Km radius and also facilitate supply of ash to brick industries as per latest fly ash notification. 10. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 11. The layout plan of the proposal shall not be changed without prior approval of Central Government. 12. No labour camp shall be established on the forest land. 13. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 14. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of concerned Divisional Forest Officer. 15. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 17. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 18. The forest land shall not be used for any purpose other than that specified in the project proposal. 64 | P a g e
19. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 20. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 21. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
(………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Transmission Line Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Transmission Line ...... of State Govt......
Ref : Minutes of Meeting of FAC / REC letter No. ………………… dated ……………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated …………….. on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………. ha Reserved / Protected Forest land for construction of Transmission Line ...... of State Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department.
4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India 65 | P a g e
dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal. 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. The User agency in consultation with the State Forest Department prepare a detailed scheme for creation and maintenance of plantation of dwarf species (preferably medicinal plants) in right of way under the transmission line for execution of the said scheme to the State Forest Department. 10. The user agency at its cost shall provide bird deflectors, which are to be fixed on upper conductor of transmission line at suitable intervals to avoid bird hits. 11. The User Agency shall comply with the guidelines for laying transmission lines through forest areas issued by Ministry vide letter no. 7-25/2012-FC dated 05/05/2014 & 19/11/2014. 12. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 13. The layout plan of the proposal shall not be changed without prior approval of Central Government. 14. No labour camp shall be established on the forest land. 15. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 16. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 17. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 18. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 19. The forest land shall not be used for any purpose other than that specified in the project proposal. 20. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 21. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 22. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 23. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
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Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Transmission Line Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :………….
To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Transmission Line ...... of State Govt......
Ref: 1) This office In-principle approval letter No…………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of …………. ha Reserved / Protected Forest land for construction of Transmission Line ...... of State Govt...... Subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record;
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4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The user agency at its cost shall provide bird deflectors, which are to be fixed on upper conductor of transmission line at suitable intervals to avoid bird hits. 6. The User Agency shall comply with the guidelines for laying transmission lines through forest areas issued by Ministry vide letter no. 7-25/2012-FC dated 05/05/2014 & 19/11/2014. 7. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 8. The layout plan of the proposal shall not be changed without prior approval of Central Government. 9. No labour camp shall be established on the forest land. 10. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 11. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 12. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 13. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 14. The forest land shall not be used for any purpose other than that specified in the project proposal. 15. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 16. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 17. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 18. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-I : Underground Gas / water pipeline / OFC Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC ...... of State Govt......
Ref : Minutes of Meeting of FAC / REC letter No. ………………… dated …………….. 68 | P a g e
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated …………….. on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC ...... of State Govt...... subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department.
4. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
5. NPV: a) The State Government shall charge the Net Present Value(NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
c) Full exemption of NPV in case of laying of underground OFC cable provided no felling of trees is involved and area proposed for diversion is outside of Protected Area as per the MoEFCC Guideline F. No. 5-3/2007-FC dated 05/02/2009.
d) Full exemption of NPV in case of laying of underground drinking water pipeline 4” dia provided no felling of trees is involved, non-commercial project, area proposed for diversion is outside of Protected Area and total forest land required for project is less than 1.00 ha as per the MoEFCC Guideline F. No. 5-3/2007-FC dated 05/02/2009. 6. User agency shall restrict the felling of trees to minimum number in the diverted forest land and the trees shall be felled under the strict supervision of the State Forest Department and the cost of felling of trees shall be deposited by the User Agency with the State Forest Department. 7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal. 8. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 9. The pipeline shall be laid down 1.5 meter below the ground and after lying down of pipe line the ground will be leveled. 10. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 11. The layout plan of the proposal shall not be changed without prior approval of Central Government.
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12. No labour camp shall be established on the forest land. 13. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 14. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 15. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 16. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 20. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife. 21. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office. The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Underground Gas / water pipeline / OFC Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE No: ………………………… Date :………….
To, The Addl. Chief Secretary (Forest), ...... ,
Sub: Diversion of …………. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC ...... of State Govt......
Ref: 1) This office In-principle approval letter No…………………..dated ………………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir,
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I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of …………. ha Reserved / Protected Forest land for construction of Underground Gas / Water pipeline / OFC ...... of State Govt...... Subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil-………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector. 5. The pipeline shall be laid down 1.5 meter below the ground and after lying down of pipe line the ground will be leveled. 6. User Agency shall obtain Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986, if applicable. 7. The layout plan of the proposal shall not be changed without prior approval of Central Government. 8. No labour camp shall be established on the forest land. 9. Sufficient firewood, preferably the alternate fuel, shall be provided by the User Agency to the labourer after purchasing the same from the State Forest Department or the Forest Development Corporation or any other legal source of alternate fuel. 10. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost, as per the directions of the concerned Divisional Forest Officer. 11. No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. 12. The period of diversion under this approval shall be co-terminus with the period of lease to be granted in favour of the user agency or the project life, whichever is less. 13. The forest land shall not be used for any purpose other than that specified in the project proposal. 14. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Govt. of India. 15. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project. 16. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018.
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17. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests & wildlife.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft : Forest Village Relocation
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Forest Village relocation …………………………………… project.
Ref: State Govt. letter No. …………………………..dated …………………..
Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Forest Village relocation …………………………………… project subject to the following terms and conditions:- 1. Legal status of the diverted forest land shall be changed to revenue land. 2. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
3. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department.
4. Land vacated in the protected area due to relocation of Village shall be developed as per approved Wildlife Management Plan / NTCA guideline / CWLW.
5. No fragmentation of forests should take place due to the relocation project. 6. The boundary of the diverted forest land shall be suitably demarcated on ground at the project cost as per the directions of concerned Divisional Forest Officer. 7. The forest land shall not be used for any purpose other than that specified in the project proposal. 8. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 9. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018.
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10. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions.
Yours faithfully,
(…………………..) ………………………..(C)
Draft Stage-I : Wind Power Project
{ks=h; dk;kZy;] if'pe {ks= भारत सरकार Regional Office, Western Region ^^dsUnzh; i;kZoj.k Hkou** GOVERNMENT OF INDIA “Kendriya Paryavaran Bhavan” fyUd jksM ua0&3,Link Road No. 3 E-5,jfo'kadj uxj/Ravi Shankar Nagar पर्यावरण, वन और जलवयर्ु पररवर्ान Hkksiky ¼e0iz0½/Bhopal-462016 (M.P.) Phone No. 0755-& 2466525, 2465496 मंत्रयलर्; QSDl ua-@Fax No. 0755-2463102 v.kqMkd /E-mail: [email protected] MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... , ...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for establishment of Wind Power …………………………………… project.
Ref :Minutes of Meeting of FAC/ REC letter No. ………………………… dated ………………..
Sir, I am directed to invite a reference to State Govt. letter No. …………………………. dated ……………..on the above mentioned subject seeking prior approval of the Central Government under Section–2 of the Forest (Conservation) Act, 1980.
The proposal was considered and approved by the FAC / REC in its meeting held on ………. for issuance of In- principle approval. Therefore, the undersigned, on behalf of the Central Government conveys In-principle approval for diversion of …………ha of Reserved / Protected forest land for Wind Power …………………………………… project subject to the following terms and conditions:-
1. Compensatory afforestation:
a) Compensatory afforestation shall be taken up by the Forest Department over ………….. ha Non-forest land / degraded forest land (Compartment no. / Khasra No. ………………, Village-…………………, Tehsil- …………………., District-……………………) at the cost of the User Agency. As far as practicable a mixture of local indigenous species will be planted and monoculture of a species has to be avoided. b) The non-forest land shall be transferred and mutated in favour of Forest Department.
2. The cost of compensatory afforestation at the prevailing wage rates as per compensatory afforestation scheme and the cost of survey, demarcation and erection of permanent pillars if required on the CA land shall be deposited in advance with the Forest Department by the project authority. The CA will be maintained for 10 years. The scheme may include appropriate provision for anticipated cost increase for works scheduled for subsequent years.
3. NPV:
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a) The State Government shall charge the Net Present Value (NPV) for the ……………… ha forest area to be diverted under this proposal from the User Agency as per the orders of the Hon’ble Supreme Court of India dated 30/10/2002, 01/08/2003, 28/03/2008, 24/04/2008 and 09/05/2008 in IA No. 566 in WP (C) No. 202/1995 and as per the guidelines issued by the Ministry vide letters No. 5-1/1998-FC (Pt.II) dated 18/09/2003, as well as letter No. 5-2/2006-FC dated 03/10/2006 and 5-3/2007-FC dated 05/02/2009 in this regard.
b) The State Government shall charge 50 % of the minimum rate of NPV irrespective of eco-class in which the project lies provided minimum tree felling is involved as per MoEF&CC guideline No. 5-3/2007-FC dated 05/02/2009 and the orders of Hon’ble Supreme Court of India order dated 24/04/2008.
c) Additional amount of the NPV of the diverted forest land, if any, becoming due after finalization of the same by the Hon’ble Supreme Court of India on receipt of the report from the Expert Committee, shall be charged by the State Government from the User Agency. The User Agency shall furnish an undertaking to this effect.
4. The cost of felling of trees to minimum number of trees shall be deposited by the User Agency with the State Forest Department.
5. The State Government shall charge a lease rent at the rate of Rs. 30,000/- per MW from user agency as a lump-sum onetime payment for the entire period of lease as per MoEF&CC guideline No. 8-84/2002-FC dated 16/12/2005.
6. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
7. All the funds received from the user agency under the project shall be transferred/ deposited to CAMPA fund only through e.portal (http://forestsclearance.nic.in/).
8. The compliance report shall be uploaded on e.portal (http://forestsclearance.nic.in/).
After receipt of compliance report on fulfillment of above conditions from the State Government, proposal will be considered for final approval under Section – 2 of the Forest (Conservation) Act, 1980 by this office.
The order for transfer of forest land to user agency shall not be done by the State Government till Formal approval / Stage-II approval for diversion of forest land is issued from this office.
Yours faithfully,
(………………………………) Dy. Conservator of Forests (Central)
Draft Stage-II : Wind Power Project
भारत सरकार GOVERNMENT OF INDIA पर्यावरण, वन और जलवयर्ु पररवर्ान मंत्रयलर्; MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE
No: ………………………… Date :…………. To, The Addl. Chief Secretary (Forest), ...... , ...... ,
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...... ,
Sub: Diversion of ………………… ha of Reserved / Protected forest land for Wind Power …………………………………… project.
Ref: 1) This office In-principle approval letter No. …………………………..dated ………….. 2) State Govt. letter No. …………………………..dated ………………….. 3) Online payment transaction date ……………….. Sir, I am directed to invite a reference to State Govt. letter No. ……………………………………... dated …………………..on the above mentioned subject seeking prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.
The Central Government vide letter (1) referred above had agreed in principle for diversion of …………… ha Reserved / Protected Forest land of above forest land for the purpose mentioned above subject to the fulfilment of certain conditions of In-principle approval.
The State Government vide letter (2) referred above has reported compliance on the fulfillment of all the stipulated conditions of In-principle approval.
Now therefore, the undersigned is hereby directed to convey formal approval of the Government of India under Section–2 of the Forest (Conservation) Act, 1980 for diversion of ………………… ha of Reserved / Protected forest land for Wind Power …………………………………… project subject to the following terms and conditions:- 1. Legal status of the forest land shall remain unchanged. 2. Forest land will be handed over only after required non-forest land for the project is handed over to the user agency. 3. Compensatory afforestation a) Compensatory afforestation shall be taken up by the Forest Department over ……………… ha non-forest / degraded forest land (Compartment / Khasra No. ………………, Village-………………, Tahsil- ………….., District- ……..) at the cost of the user agency. As far as possible, a mixture of local indigenous species shall be planted and monoculture of any species may be avoided. b) The non-forest land which has been transferred and mutated in favour of the State Forest Department for the purpose of compensatory afforestation shall be declared as Reserved Forest under Section-4 or Protected Forest under Section-29 of the Indian Forest Act, 1927 or under the relevant Section(s) of the StateForest Act. The Nodal Officer, Forest (Conservation) Act, 1980 may report compliance within a period of six (6) months from the date of grant of final approval and send a copy of the original notification declaring the non-forest land under Section 4 or Section 29 of the Indian Forest Act, 1927, or under the relevant section of the State Forest Act as the case may be, to this Office for information and record; 4. The complete compliance of the FRA, 2006 shall be ensured by way of prescribed certificate from the concerned District Collector.
5. User Agency shall restrict the felling of trees to minimum numbers in the diverted forest land and trees shall be felled under strict supervision of the State Forest Department. 6. User Agency shall obtain the Environmental Clearance as per the provisions of the Environmental (Protection) Act, 1986. 7. User Agency shall demarcate the project area as per the directions of concerned Divisional Forest Officer. 8. The vane tips of the wind turbine shall be painted with orange colour to avoid bird hits. 9. The lease period shall be for a period of 30 years as per MOEF&CC guideline F. No. 8-84/2002-FC dated 14/05/2004. 10. Any tree felling shall be done only when it is unavoidable, and that too under strict supervision of the State Forest Department and at the cost of the project. 11. The layout plan of the proposal shall not be changed without the prior approval of the Central Government. 12. The State Government and user agency shall undertake implementation of mitigation measures to be obtained by the user agency from BNHS/ WII or any other National level reputed agency dealing with bird conservation.
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13. The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff working at the site so as to avoid any damage and pressure on forest areas. 14. The State Government and user agency shall complied with the other standard conditions in vogue as per this MoEF&CC guidelines as amended from time to time for Wind Power Project. 15. No labour camp shall be established on the forest land. 16. The User Agency and the State Government shall ensure compliance of all the Court orders, provisions, rules, regulations and guidelines for the time being in force as applicable to the project 17. The forest land shall not be used for any purpose other than that specified in the project proposal. 18. The forest land proposed to be diverted shall under no circumstances be transferred to any other agencies, department or person without prior approval of Central Government. 19. Violation of any of these conditions will amount to violation of Forest (Conservation) Act, 1980 and action would be taken as per the MoEF&CC Guideline F. No. 11-44/2017-FC dt 29/01/2018. 20. Any other condition that the Ministry of Environment, Forests & Climate Change may stipulate from time to time in the interest of conservation, protection and development of forests &wildlife. The State Government shall ensure compliance of all the above conditions.
Yours faithfully,
(…………………..) ………………………..(C)
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Shrawan Kumar Verma, DIG (FC) Agenda No. 1 F. No. 8-04/2016-FC
Sub: Diversion of 1576.81 ha of Reserved forest land for the development of special Economic Zone and Industrial Park at Village – Siracha, navinal, Dhrub, mundra, Baroi, Gorasama, Luni, bhadreshwar, Ta. Mundra, dist. Kutch in facour of Adnai Group, Mundra port and Special Economic.
The State Government of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated 21.01.2016 was submitted the above subject proposal seeking prior approval of Central Government in accordance with section-2 of the Forest (Conservation) Act, 1980. It was reported by the state Govt. in their forwarding letter dated 21.01.2016 (Pg. 4/c) that area of Siracha village is important for conservation of Indian Bird and Wolf, hence 100 ha of siracha village may be excluded from the diversion and exact location of 100 ha from the total demanded land of siracha village can be decided at the time of formal approval. 2. In SIR (Pg.84/c) carried out by the CF, Kachchh Circle, Bhuj was observed the following: - (i) As per M/s Mundra Port, the proposed area will be the part of total 10,000 ha of the proposed SEZ. The SEZ means the infrastructural development and depot of different business partners. The forest land is 15 % of the proposed SEZ and can be developed as green cover within the infrastructural development. It will be holistic development of the area. (ii) The Siracha Reserved Forest is just adjoining to the power plants of the M/s Mundra Port. About 100 ha of the Siracha Reserved Forests conserved one the best Acacia nilotica forests in the Kachch district and presently acting as carbon sink of the power project. The trees of Acacia nilotica are of about 40-60 years old big trees. There are breeding of inland birds and wolf also exists in the forests. (iii) Earlier in favour of M/s Mundra Port, the reserved forests area of 57.75 ha for laying of Railway line No. 8-163/97- FC, MoEF, New Delhi, dated 24.07.2004, and 1840.00 ha & 168.41 ha for development of port based SEZ vide No. 8-2/1999-FC (pt.), MoEF, New Delhi, dated 27.02.2009 were diverted. But conditions laid out in-principle approval in later Forest (Conservation) Act, 1980 case are not fulfilled by the user agency. Therefore, these conditions should be fulfilled by the user agency than only this proposal may kindly be considered. 3. In part-III of the prescribed form A of application (pg.42/n), the CCF, Kachchh Circle, Bhuj stated the following specific recommendation : i. The user agency has already diverted the reserved forest of 2008.41 ha for the same cause, so this proposed area can be developed as forests only within SEZ. Therefore, there is no need for any diversion of forest land for the same cause.
ii. If this proposal is considered for the diversion than the forest of Siracha of an area of 394.10 may be excluded because of the unique prominent Acacia nilotica forest in the district.
iii. The area is coastal area so at least 100 mt belt toward sea may be developed as green shelter belt only.
iv. For proposed compensatory afforestation land, the Murachvan area is adjoining to forest area and favorable to wildlife. But the remaining two areas Junachay and Amara are not adjoining to any forest areas. Also, they are only grazing areas for local peoples. These areas are not b28
v. eing recommended to accept as compensatory lands.
vi. Therefore, these proposed Junachay and Amara areas may kindly be replace with either at Nanamo dungar having dominant indigenous trees cover, Keero dungar having Caracal site and breeding site for migratory birds or land in Abdasa taluka, having GIB habitat.
4. Site Inspection Report (SIR) by the Regional Office: The SIR for an area of 1476. 81 ha was carried out by the CF (Central), RO, Bhopal along with other officers from regional office, Bhopal , State forest Department and Representatives of the User Agency on 06.05.2016. The SIR is reproduced below:
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i. Legal status of forest land proposed for diversion: Reserved Forest :(1576.81 ha --100 ha) = 1476.81 ha
ii. How the land proposed for diversion is to be utilized?
For Special Economic Zone (setup with self-contained facilities as park, distribution centre, commercial complexes, water supply, drainage, roads, school, hospital, township, cinema hall, air field, railway station etc. Site specific lay out plan showing extent of forest land for various facilities has not been made available.
iii. Whether the proposal involves any construction of building (including residential) or not?: Yes, the proposal involves construction of commercial complexes, housing complexes, cinema halls, schools etc are proposed to be constructed in the area as part of SEZ.
iv. Total cost of Project at present: Rs 625 crore as mentioned in the proposal during 2004.
v. Wildlife :- Whether the forest area proposed for diversion is important from Wildlife point of view or not. : Proposed area is not a part of any protected area but 100 ha forest land in Siracha village is important for the conservation of bird life and Wolf and old Acacia-nilotica trees found in the Sircacha forest area.
vi. Aerial distance from the nearest boundary of any protected area: The project site is located outside 10 km.
vii. Vegetation: The entire stretch of forest has been invaded with Prosopis juliflora which is an exotic species from Maxico. This is an invasive weed which does not allow any other vegetation to come up in the area. This species though looks green to the eyes and one feels that there is green vegetation, the fact is that this species is harmful to the local indigenous species and the bio-diversity of the area. In fact Prosopis juliflora should be eradicated and replaced with local indigenous species. The plant has a short stumpy trunk and has been counted as tree for the purpose. Here and there other species are also seen that includes: Khair (Acacia catechu), Ziziphus (Zizyphus mauritiana), Palas (Butea monosperma), Tendu (Diospyros melanoxylon), Prosopis juliflora, Kardhai (Anogeissus pendula), and Reonjha (Acacia leucophloea). a. Trees to be felled: Total no. of trees proposed to be felled: 579497 (as in 2004) (The vegetation includes primarily growth of Prosopis juliflora)
b. Effect of removal on the general ecosystem in the area: - There will not be any significant adverse impact on the general ecosystem by way of removal of trees in the proposed area as enough provisions have been made in Part V of the proposal to maintain green belt in Siracha and Luni villages and 100 meters green belt towards the sea side and 33 meters on either side of the water courses passing through the forest land to compensate the loss of vegetation. Most of the forest area is infested with patches of Prosopis juliflora which is an invasive alien species. viii. Background of the proposal: As per the policy of the Govt. of India Special Economic Zone are intended to be developed as self- contained township for industrial and commercial with required infrastructure for industrial/commercial activities like water supply, sewerage, adequate power supply, effluent treatment facility, rail, road, port and airport connectivity for easy movement of cargo and service personnel and world class township having composite social infrastructure like schools, colleges, banks, hospitals, post offices, super market, parks, cinema halls, hotels etc. and world class commercial complexes for housing and offices of international trading and industrial organization for setting up their activities .
ix. Compensatory Afforestation:
A Whether land proposed / selected for There are different versions about the Compensatory Afforestation is suitable from suitability of CA area as can be seen in plantation and management point of view? Part II and Part III of the proposal.
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B Whether land for compensatory afforestation is free from encroachment and other Yes encumbrances? C Whether land for compensatory afforestation is important from religious or archaeological point No of view? D Land identified for raising Land indentified for CA is in 03 (three) compensatory Afforestation is in how many patches in Kutch Forest Division patches? Whether patches area compact or not? 1576.81 ha. E Maps with details. Yes (enclosed with proposal) F Compensatory afforestation area should be clearly shown on the map, patches wise and their contiguity Yes, enclosed with proposal to the forest area, etc G Total financial outlay of 10 years CA Rs 18,41,23,812.00 programme : (including 04 years plantation and other chargess)
x. Whether proposal involves violation of Forest (Conservation) Act, 1980? If yes, a detailed report on violation including the action taken against the concerned officer: As reported by the State government, there is no violation of Forest (Conservation) Act, 1980 in the forest land proposed for diversion.
xi. Whether proposal involves rehabilitation of displaced persons? If yes, whether rehabilitation plan has been approved by the State Government;No.
xii. Reclamation Plan: Details and Financial allocation: NA
xiii. Cost benefit ratio: 1:4.95 as calculated in 2008.
xiv. Utility of Project: The forest land is required for establishment of Special Economic Zone extending to 10000 ha of area. This project will provide direct and indirect employment to thousands of persons which will include unskilled, skilled and technical experts from various fields. SEZ is also to be developed as a hub for various economic activities which will link India with other nations through sea route for export and import purposes. However, during the site visit the user agency did not provide any lay out of the plan indicating as to how the user agency proposed to utilize the forest land.
xv. Number of Scheduled Caste / Scheduled Tribe involved in the Project Not mentioned by the user agency.
xvi. Compliance of FRA 2006: It has been observed that the Certificate duly signed by the District Collector as per proforma prescribed under the provisions of the FRA has not been furnished.
xvii. Whether the land being diverted has any socio-cultural/religious value? Whether any sacred groves or very old growing of trees of forests exist in the area proposed for diversion? : No. xviii. Recommendation of Nodal Officer/ PCCF and the State Government: The Nodal Officer and the State Government have recommended the proposal for approval with certain conditions.
xix. Observations made during field visit:
The State government was asked vide letter dated 06.04.2016 and reminder dated 19.04.2016 to provide KML file for 1476.81 ha after deducting 100.00 ha of forest area in Siracha village. However, vide letter dated 22.04.2016, the State Government suggested that the Regional Office, during its visit to the site should decide as to which part of Siracha forest is to be excluded.
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a. Site specific lay out plan showing extent of forest land for various facilities has not been made available. Therefore it was not possible to link as to what is required to come in which part of the forest land. So it could not be established whether bare minimum forest land has been sought by the user agency for various facilities. b. During the site visit no significant wildlife was seen in Siracha forest. Acacia nilotica trees are located only in one corner of the Siracha forest. There are significant blanks in the Siracha area and the forest is infested with Prosopis juliflora. The entire forest land at Mundra is infested with Prosopis juliflora and is interspersed with local indigenous species. Varieties of bird life could be seen in the Mundra forest areas. c. It was informed by the DFO that no mangroves are included in the forest land proposed for diversion. d. During the visit 280 ha of mangrove plantation raised by the user agency was also shown. near Luni, Mundra, Hamira Mora and Bhadreshwar and village. This plantation is doing very well. It was also informed that in other part of the State about 2600 ha of mangrove plantations have been raised. This effort is appreciable. e. It was also observed that in the non-forest land in the control of the user agency, road side plantations have been done. Species such as Azadiracta indica, Alstonia scholaris, Peltophorum, Ficus infectoria, Cassia fistula, Ashok tree and other fruit bearing trees have been used for the purpose and they are doing very well.
xx. It is recommended that the proposal for diversion of 1476.81 ha may be considered for approval subject to the following conditions: a. The forest land which is to be kept under green cover, should be planted with indigenous species by the user agency such as Neem, Acacia nilotica, Skis, Mango, Palm, Phyllanthus, Alstonia, palm and other fruit bearing trees etc which come up nicely in these coastal areas and Prosopis juliflora which is an alien invasive weed should be eradicated in a phased manner with a definite action plan. b. Those local indigenous species may be planted along the course of water ways which help conserve soil by the user agency. c. The 100 ha forest land, meant for conservation of old Acacia nilotica trees and small wildlife in Siracha forest, which is to be excluded from the 1576.81 ha forest land proposed for diversion, shall be demarcated by the State Forest Department as it was not possible to make any suggestions to this effect during the brief field visit. d. All the stipulations made in Part V of the proposal shall be binding on the user agency. e. Provisions of FRA shall be complied with and a certificate in prescribed format duly signed by the District Collector, Kachch should be submitted by the user agency. f. Detailed component wise break up of SEZ facilities, clearly showing requirement of forest land, has to be made available for consideration of the proposal. g. State Government has proposed three sites for raising CA on non-forest land. In this regard observations made by the CCF in Part III of the proposal may be seen. 5. After examining the proposal and SIR of Regional Office, the State Govt. of Gujarat was requested vide their Ministry’s letter dated 02.08.2016 (Pg. 737-737a/c) to furnish the para-wise reply on the points indicated in referred letter. The State Govt. vide their letter no. FCA-1014/10-11/14/S. F-66/F dated 16.06.2017 (pg. 738-750/c) has submitted their response/explanation. The information/clarification sought by the Ministry and reply given thereof by the State Govt. are as follows: Point Observation of MoEF&:CC Reply of State Govt. No. The complete compliance on With regard to gram sabha resolution, notification issued by 1. Scheduled Tribes and Other Traditional GoI in 2009 with regard to FRA Act-2006, it has been Forest Dwellers (Recognition of Forest submitted by user agency that public hearing was done on 5th Rights) Act, 2006 has not been October, 2010 in Kutch District and local public of Siracha, submitted. Navinal, Zarpara, Dhrub, Nana papaya, Mota Papaya, Chasara, Baroi, Gorasama, Luni & Vadala villages were participants in the hearing. As per FCA Act 4(A)- gram sabha resolution is not required in the cases where project requires public hearing. In order to get environment clearance public hearing is compulsory under EPA has been conducted on 5/10/2010 80 | P a g e
therefore resolution of gram sabha is not required. Moreover such provision is clearly specified in the FCA 4 (a). A Compact Disk containing of Shape The compact disc having kml file/shape file of 1476.8 lands 2. file / KML file for the proposed forest was submitted to Regional Office, Bhopal. However, as land for diversion ad proposed area for requested, the same for 1576.81 as provided by user agency is Compensatory Afforestation under this being submitted here. But the shape file for CA sites is not project is not given. given.
3. Detailed component wise break up of Detailed component-wise break up of SEZ facilities, as SEZ facilities has not been given. submitted by user agency, in their project and submitted vide their letter Dtd. 16th August 2016 is submitted herewith. With regard to the suitability of CA User agency has given undertaking that if forest department 4. area, the Conservator of Forests, will not accept this area as CA areas, will be changed and new Katchchh Circle suggested that two CA areas will be provided before the issuance of final areas Junachay and Amara are not approval. adjoining to any forest areas and they are only grazing areas for cattle belongs to local people and suggested that these areas are not being recommended to be accepted as compensatory land. The Conservator of Forests, Katchchh In this regard, it is reported by the State Govt. that GoI has 5. Circle observed that the user agency issued the approval for developed of SEZ in Mundra area of has already diverted the reserved forest 10000 ha. Based on recommendation of GoG. The details of of 2008.41 ha for the same cause, so land availed for the SEZ as given below: this proposed area can be developed as Land Details Ha forests only within SEZ. Therefore, there is no need for any diversion of Alredy notified area: (Land allotted for port 6456 forest land for the same cause. backup area, Govt. Land allotted to GMB leased to APSEZ, land for port backup area In addition, he suggested that the (railway) & govt. land allotted to APSEZ for conditions as stipulated in the proposal SEZ project for diversion of 57.75 ha for laying of Diverted forest land (1840.00+168.1ha) 2008.41 Railway line No. 8-163/97-FC dated Total 8464.41 24.07.2004 and 1840.00 ha & 168.41 ha for development of port based SEZ The total land availed for SEZ is 8464.41 ha. for making up the vide letter No. 8-2/1999-FC (pt.) dated 10,000 ha, as required for SEZ, user agency has applied forest 27.02.2009 in favour of M/s Mundra land for diversion i.e.1576.81 ha. the said area is in the middle Port should be fulfilled by the user of the above availed land and some portion of is in continuity agency, than only this proposal would the notified area. As per conditions of SEZ Act 2006, this land be considered. If this proposal is would be required to continuity of SEZ project. Also the considered for the diversion than the alternative land which is near the forest land available i.e. forest of Siracha of an area of 394.10 agricultural land & Gauchar land is prohibited as per SEZ rules may be excluded because of the unique which agency cannot propose for SEZ purpose. Prima facia prominent Acacia nilotica forest in the requirement of the Customs Department is that the processing district. zones of SEZs should be located on contiguous pieces of land and that there should be overall contiguity in the various components of the SEZ project. With no alternative option other than to opt for forest land mentioned above, user agency has applied forest land for diversion i.e. 1576.81 ha forest land. In this regard detailed report regarding the compliance of conditions, as stipulated in the diversion of 57.75 ha for laying of railway line no.8-163/97-FC dtd. 24/7/2004 and 1840 ha. for development of port based SEZ, vide letter no.8-2/1999¬FC dtd. 27/2/2009, in favour of Mundra Port, have already been fulfilled by user agency as well as APCCF (Land) & Nodal 81 | P a g e
officer (FCA) has mentioned vide letter Dated 21/03/17 that bank guarantee of Rs.7.75 crore is submitted by user agency. It is further reported that while recommending the proposal, CF kutch had made observation that patch of forest 100 ha in Siracha village, possess good vegetation and is good for wildlife and wildlife habitat, however, recommendation was made to exclude the entire 394 ha of forest Siracha village. This inconsistency was noticed and accordingly, recommendation was made to exclude forest of 100 ha in Siracha village form diversion in this proposal and 1476 ha. land was proposed. The exact location of 100 ha. will be decided at the time of formal approval. Meanwhile User agency has reiterated their need of 100 ha. of Siracha village mentioning the area is not habitat for observed wild animals but is route for movement and not having exotic/indigenous floral species. For taking the above decision our office, instructed APCCF land for conducting a fresh survey in the area to assess the present situation. The systematic survey in forest area of Siracha was done by forest staff of Kutch and report was submitted. The report and its basis of observation from wild life perspective were largely not from presence/existence/variety of wildlife but from aspects of potential of area for wildlife. Further, user agency represented that this 100 ha of forest area is integrated area which has its functional integration with future expansion and have no other option and therefore have dire need of this area and expressed its willingness to pay for five times the NPV for this 100 Ha Patch in line with FCA provision of addressing the situation of diversion of wildlife protested area. Thus, the forest area of 100 hectare of Siracha village, which falls within the overall forest land requirement of 1576.81 ha for the above mentioned project is recommended to be included within overall diversion, subject to following condition:
(a) User agency will be required to pay five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the above project. a) (b) While giving due regard to the technical lay out planning of critically important facilities, the user agency —unless unavoidable and as far as possible-will try to retain the bigger, mature and old trees of Acacia Nilotica, prosopis cineraria, Azadirechta indica, Phoenix dactylifa in 100 hectares of forest land siracha village which is recommended for diversion under FCA, 1980.
6. The State Govt. has further recommended the area of 1576.81 ha. of forestland for diversion under Forest (Conservation) Act, 1980 as detailed below:
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Sr. Village Survey Taluka & District Total Area ha. No. No. 1 Mundra 141 pt Ta.Mundra,Dist.Kutch 46.66 2 Baroi 207pt Ta.Mundra,Dist.Kutch 136.43 3 Dhrub 169pt Ta.Mundra,Dist.Kutch 81.59 4 Gorasama 52pt Ta.Mundra,Dist.Kutch 112.06 5 Luni 468pt Ta.Mundra,Dist.Kutch 516.45 6 Bhadreshwar 733pt Ta.Mundra,Dist.Kutch 200.00 7 Navinal 223pt Ta.Mundra,Dist.Kutch 89.52 8 Siracha 295pt Ta.Mundra,Dist.Kutch 125.00 9 Danderi(Siracha) 295pt Ta.Mundra,Dist.Kutch 209.20 10 Siracha 295pt Ta.Mundra,Dist.Kutch 59.90 Sub-Total 1576.81 7. 5, 94,657 trees are required to be cut in the demanded area.
8. from the perusal of SIR it is learnt that the forest land is required for the purpose of Commercial complex, Water supply , Drainage, Road, Schools , Hospitals, Township ,Airfield, Railway Station etc. Without site specific layout plan of the area. It is difficult to ascertain the need for forest land for different components. Some of the land use suggested above are contrary to FCA guidelines 4.5(i) and 4.5 (ii) that says “ the Central Govt. will not entertain any proposal for diversion of forest land for construction of dwelling houses” . State Govt. under it recommendation at point no. 12. had clearly said that diverted forest land shall not be utilized for Golf Course, Beach Resort, Park or Residential purpose or any other activity prohibited by FCA, 1980 and /or guidelines there under.
9. In connection with suitability of CA land, the State Govt. was informed that “User agency has given undertaking that if forest department will not accept this area as CA areas, will be changed and new CA areas will be provided before the issuance of final approval”. 10. The above facts with SIR done by Regional Office, Bhopal was considered by FAC in its meeting held on 20.07.2017 and after thorough deliberations and discussion with the user agency,the FAC recommended that the proposal may be submitted for consideration of FAC after receiving the comments from the state Government on the following observation :
(i) Detailed land use plan has not been submitted and therefore the State government shall provide detailed land use of the whole area including forest and non-forest land.
(ii) State government will analyse and examine the land use plan and submit a proposal for diversion of forest land for non forestry purpose for only those land use which are permissible under the guideline of FCA 1980.
(iii) MOEF &CC had accorded prior approval under section 2(ii) of FC Act 1980 in favour of M/s Mundra Port, for diversion of reserved forests area of 57.75 ha for laying of Railway line vide letter No. 8-163/97-FC, MoEF, New Delhi, dated 24.07.2004, and 1840.00 ha & 168.41 ha for development of port based SEZ vide No. 8- 2/1999-FC (pt.), dated 27.02.2009. It has been brought to the notice of FAC that the conditions laid out in these approvals under Forest (Conservation) Act, 1980 have not been fulfilled / complied by the user agency. The state government shall submit complete compliance of all stipulations of past approvals under section 2(ii) of FCA 1980.
(iv) Site inspection was carried out by the regional office for 1476.81 ha whereas state government has now recommended the proposal for total 1576.81 ha, which include 100 ha of Acacia nilotica patch , with condition that the same may be diverted by allowing user agency to pay five times of NPV of forest area. This patch is a part of 394 ha of forest of Sircha village which CF Kutch had recommended to be excluded. Regional office may inspect the area again and give specific comments on exclusion/inclusion of 100 ha or 394 ha into the proposal.
(v) State government may kindly give justification for notifying the forest area as part of SEZ (special economic Zone) without seeking prior permission under the provision of Forest conservation act 1980.
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(vi) It is reported that the part of Non forest area is being utilized as SEZ and now the proposal is for the balance patches of forest area which are required to be included in SEZ to make the total area as 10000 ha. From the review of the map and justification of the state it is learnt that it is statutory requirement of custom department that for processing zone of SEZ it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. State Government had further justified that there is no option than to opt for the diversion of forest land to be included in the SEZ. The State Government may be asked why this matter was not brought to the notice of FAC earlier.
(vii) State government shall give very specific recommendation regarding suitability of Compensatory afforestation land.
(viii) State government shall submit complete compliance of FRA.
11. Accordingly, the State Govt. and Regional office, Bhopal were requested to furnish the information as sought by FAC in its meeting held on 20.07.2017 (Pg.756-757/c).
12. The State Government vide their letter no. FCA-1014/10-11/14/S.F-66/F dated 01.12.2017 (Pg. 760-1015/c) has submitted their compliance. The point-wise information as sought by the Ministry and reply thereof given by the State Govt. are as follows.
S. N. Observation of MoEF&CC Reply of State Govt. i. Detailed land use plan has not been In this regard, the State Govt. reported that the user agency submitted and therefore the State has submitted details pocket wise land use plan as per the government shall provide detailed land FCA, 1980 guideline and is attached in their reply as use of the whole area including forest Annexure-A (pg. 803/c), as submitted to CCF, Kutch & and non-forest land. Nodal Officer. Detailed land use plan is in accordance with their project needs and project components. User agency ii. State government will analyse and has provided detailed land use plan and has given examine the land use plan and submit a confirmation that diverted forest area for only those land proposal for diversion of forest land for uses which are permissible under the guideline of FCA, non-forestry purpose for only those land 1980. use which are permissible under the The details of proposed land use are as follows: guideline of FCA 1980. Proposed land use Area in ha. Power Plant 1000 MW X 3 59.90 209.20 Copper Smelter Plant – 1 MT 125.00 capacity Coal to Polygeneration – 10 MT 89.52 capacity CFS & warehousing 81.59 Engineering Cluster 5.21 Mix Industrial cluster viz engineering 41.45 ware house etc and social Infrastructure as per FCA 1980 guidelines viz schools, hospitals/ dispensary, community halls, cooperatives, etc. CFS & warehousing 51.46 Commercial Airport with MRO, 84.98 Storage yards, fuel tankers, terminals 112.06 etc. Engineering Cluster with Water front 516.44 for manufacturing and assembly of 200.00 Crane, Boilers, project cargo, port operation equipment, etc and Liquid storage tanks farm. Total 1576.81
iii. MOEF &CC had accorded prior In this regard, the State Govt. reported that that compliance approval under section 2(ii) of FC Act of all conditions put forward in Final Approval given by the
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1980 in favour of M/s Mundra Port, for Govt. of India conditions has been given as Annexure-B diversion of reserved forests area of (pg. 804-854/c). 57.75 ha for laying of Railway line vide letter No. 8-163/97-FC, MoEF, New In principal approval has been granted by Govt. of India Delhi, dated 24.07.2004, and 1840.00 vide letter No. 8-2/1999-FC (PT) dated 27.02.2009 for land ha & 168.41 ha for development of port admeasuring 1840 ha and 168.41 ha to Adani Ports and SEZ based SEZ vide No. 8-2/1999-FC (pt.), Ltd for development of port based Special Economic Zone. dated 27.02.2009. It has been brought to Compliance of conditions laid down in In-principle the notice of FAC that the conditions approval granted by the Govt. of India the User Agency has laid out in these approvals under Forest been given as Annexure-B (pg. 804-854/c). (Conservation) Act, 1980 have not been fulfilled / complied by the user agency. For the condition No. 8 of in principle approval no. 8- The state government shall submit 2/1999-FC (PT) dated 27.02.2009, 3752.30 ha. Land is complete compliance of all stipulations transferred in the name of Forests & Environment of past approvals under section 2(ii) of Department out of 3700.00 ha Land of which was possessed FCA 1980 by GEDA.
For the Conditions No. 17, 18 & 19 of Memorandum No. FCA-1009(10-14) SF-18-K dated 17.11.2009, the user agency has given the Bank Guarantee of Rs.7,73,00,000.00. User agency has provided detailed compliance of all conditions put forward in Final Approval given by the Govt. of India conditions and which is enclosed as Annexure-B (pg. 804-854/c). iv. Site inspection was carried out by the In this regard, the State Govt. reported that at one point of regional office for 1476.81 ha whereas time in 2009, the then Conservator of Forest, Kutch has state government has now directed to exclude an area of 394 ha in Village Siracha recommended the proposal for total stating that 100 ha patch possess good vegetation and 1576.81 ha, which include 100 ha of presence of wild animals. The State Govt. accordingly Acacia nilotica patch, with condition recommended final proposal with deduction of 100 ha land that the same may be diverted by out of this 394 h in Jan, 2016. allowing user agency to pay five times of NPV of forest area. This patch is a However, User agency requested State Govt. for the re- part of 394 ha of forest of Sircha village survey of the Siracha land stating that the Wild life report is which CF Kutch had recommended to quite old i.e. of 2009 and at present no wildlife and exotic be excluded. Regional office may vegetation is available in that area. The survey was carried inspect the area again and give out by CCF, Kutch office and founded that there was specific comments on negligible movement of wildlife as per report and Acacia exclusion/inclusion of 100 ha or 394 Nilotica is present only in one corner of the land parcel. ha into the proposal. Further, the area of 100 ha of Siracha is in close proximity to existing power plant and as represented by user agency this Forest land of Siracha is necessary for their expansion of Power Plant, due to integration with existing power plant. User agency has also represented and agreed to pay 5 times NPV in line with FCA provision of addressing the situation of diversion of Wild life protected area. User agency feels that there is no other alternative for 100 ha land and for that DCF Kutch East has recommended not to exclude 100 ha land. But, as per reference of Minutes of Meeting of Forest Advisory Committee held on 20.07.2017, APCCF, Regional Office, Bhopal has conducted the site inspection once again on 26.09.2017 to decide for 100 ha Siracha forest land. Previously, it was done on 06.05.2016. So now this aspect pertains to Regional Office Bhopal and its further report on latest site inspection report. v. State Government may kindly give In this regard, the State Govt. reported that Ministry justification for notifying the forest area of Commerce and Industry, Govt of India has granted as part of SEZ (special economic Zone) in principle permission for total 10000 ha of Special without seeking prior permission under Economic Zone (SEZ) to User Agency in 2001 under State Govt’s Exim Policy 2000. In the meantime, user 85 | P a g e
the provision of Forest conservation act agency has acquired 6456 ha land in piece meal through 1980. private land, direct allotted Govt land and Govt land allotment through Gujarat Maritime Board. As and when user agency got the possession of land, it was further notified as SEZ Area after getting approval from Ministry of Commerce and Industry, GoI. Further, the area of 1840 ha and 168 ha forest land has been diverted to APSEZL by Forest Department in Nov-2009 has also been notified for SEZ area in April-2015 and March-2012 respectively.
Thus, as of now total 8464 ha of area has been declared as SEZ Area.
The area declared as SEZ area earlier is adjacent to various pockets of this 1576 ha forest land, which is proposed for diversion by User Agency. The area of 1576 ha as proposed for allotment by User Agency has not been declared as SEZ Area as it is not in their possession. As informed by user agency, they will approach Ministry of Commerce and Industry, Govt of India to declare this area as SEZ area only after the area is diverted to User Agency.
Ministry of Commerce and Industry, Govt. of India has granted in principle permission for establishing SEZ in total 10,000 ha. of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt.’s Exim Policy 2000. That the forest land, is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and this office.
Thus, as of now total 8464 ha of area, acquired in piece meal through Private land, Direct Govt. allotted land and Govt. land allotment through Gujarat Maritime Board has been declared as SEZ area.
As informed by user agency, they will approach Ministry of Commerce and Industry, Govt. of India to declare this area as SEZ area only after the area is diverted to User Agency. vi. It is reported that the part of non- forest In this regard, the State Govt. reported that the proposal area is being utilized as SEZ and now of User Agency for area under consideration is adjoining to the proposal is for the balance patches of already declared as SEZ of 8464 ha land. There is no other forest area which are required to be land except Forest Land. Hence, User agency has proposed included in SEZ to make the total area for diversion of Forest Land. as 10000 ha. From the review of the map and justification of the state it is learnt Ministry of Commerce and Industries, Govt. of India has that it is statutory requirement of custom granted In-principle permission for establishing SEZ in total department that for processing zone of 10000 ha of Special Economic Zone (SEZ) to User Agency SEZ it should be located on contiguous in 2001 under State Government’s Exim Policy, 2000. pieces of land and that there should be over all contiguity in the various That the land is required to complete the SEZ land components of SEZ. State Government requirement for establishing SEZ has been mentioned in the had further justified that there is no original proposal and has been provided in various option than to opt for the diversion of comments, offered by user agency and his office. forest land to be included in the SEZ. The State Government may be asked It is statutory requirement of customs department that for why this matter was not brought to the processing zone of SEZ, it should be located on contiguous notice of FAC earlier pieces of land and that there should be over all contiguity in the various components of SEZ. This aspect has been
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submitted by the State Government earlier, in its project justification and other clarifications provided. vii. State Government shall give very The State Govt. stated that the detailed scheme for specific recommendation regarding Compensatory Afforestation and land suitability was suitability of Compensatory already prepared in Sept-2008 while processing the afforestation land. proposal. But, as per the opinion of then Conservator of Forests, Kutch that Non-Forest Land of Junachy and Amara area offered as CA land by User Agency is not adjacent to existing forest land and therefore not suitable for afforestation.
However, as per the latest resolution of State Government dated 15.05.2017 whenever the Non-forest land being offered as Compensatory Afforestation land is not possible to be contiguous to existing forest land and if the area of diversion is 100 ha or more area the CA land should not be less than a patch of 25 ha. Considering this guideline the CA offered land at Junachy and Amara was found suitable.
State Government vide its GR dated 15.05.2017 has provided guidelines for suitability of private land for compensatory land. Considering this guideline, the CA offered land at Junachy and Amara was found suitable.
Suitability Certificates along with scheme of Compensatory Afforestation and land suitability for land area of 503.01 ha of Village Murachban, Ta. Lakhpat, 283.80 ha of Village Junachy, Ta.Lakhpat and 790 ha of Village Amara, Ta.Nakhatrana have been provided by DCF accordingly.
However, User Agency has given undertaking if forest department is not ready to accept proposed CA land as mentioned above, it will be changed and new CA areas will be provided before the issuance of final approval.
viii. State Government shall submit The State Govt. stated that an Undertaking has been given complete compliance of FRA. by the User Agency that all formalities as per the Guidelines of Forest Rights Rules-2006 of Government of India will be completed before final approval. So, Undertaking of User Agency may be provided.
13. The Ministry vide it’s letter dated 24-08-2017 requested the Regional Office, Bhopal to inspect the area again and give specific recommendations on the exclusion / inclusion of 100 hectares or 394 hectares of forest area in the proposal Accordingly, Accordingly, the SIR (Pg.1009-1015/c) has been carried out by the APCCF, RO, Bhopal and the SIR is reproduced below:
The Government of Gujarat vide its letter dated 21-01-2016 applied for diversion of 1576.81 ha of Reserved Forest for the development of Special Economic Zone and Industrial park at village Siracha and other adjoining villages of District Kutch in favour of Adani Group, Mundra Port and Special Economic Zone Ltd, Ahmedabad. However, the same proposal also contained a recommendation to exclude 100 ha of forest area of Siracha village which was considered important for wild life conservation thus in effect asking diversion for only 1476.81 ha only. Accordingly, Ministry vide its letter dated 07-03-2016 directed the Regional Office to inspect the forest and submit Site Inspection Report. The same was conducted by the Regional Office on 06.05.2016 and final Site Inspection Report was submitted to the Ministry vide Regional Office letter dated 02.06.2016. As per the request of the State Government, the Regional Office also recommended diversion of only 1476.81 ha and while recommending stipulated that 100 ha of forest area which is to be excluded from 1576.81 ha shall be demarcated by the State Forest Department as it was not possible to make any suggestion to this effect during the brief field visit.
After examining the proposal, MOEF&CC asked for the certain clarifications from the State Government vide its letter dated 02.08.2016 which inter alia included the issue of forest land of Siracha village also. The State Government in its
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reply dated 16.06.2017 not only reiterated its request for diversion of 1476.81 ha earlier recommended for diversion but in addition, on the request of the User Agency, further recommended the diversion of 100 ha of Siracha village also. As per the State Government letter, the revised recommendations were made after it instructed APCCF (Land) to conduct a fresh survey in the area to assess the present situation and the same was done by forest staff of Kutch. The recommendation was made subject to the following two conditions:
(a) The User Agency will be required to pay the five time the NPV for the 100 ha of forest area coming under diversion non-forest use for the project ;
(b) While giving regard to the technical layout planning of critically important facilities, the User Agency – unless unavoidable and as far as possible – will try to retain the bigger, mature and old trees of Acacianilotica, Prosopis cineraria, Azadirechtaindica, Phoenix dactylifa in 100 ha of forest land in Siracha village which is recommended for diversion under FCA, 1980.
As per the direction of MOEF&CC, the project area was inspected by APCCF(Central) on 26.09.2017 with the specific and the only objective of evaluating the recommendation of the State Government of Gujarat to include 100 ha of 394.10 ha of Siracha village into the project after its diversion under Forest Conservation Act, 1980. APCCF(Central) was accompanied by Shri U.D. Singh, APCCF (Land), GOG, Shri P.S. Randhava, CCF, Kutch and the senior officers from the User Agency. Based on my field observations during inspection, the discussions held at the time of inspection with User Agency officers as well as officers of State Forest Department, I recommend the consideration of diversion of 394.10 hectares of forest area of Siracha village for the following reasons:
I. The forest land of Siracha village is adjoining the existing power plant of the User Agency. During field inspection the User Agency representatives informed that the forest land of Siracha village is required for the expansion of the existing power plant which was initially developed keeping in view the future expansion. Therefore, for the expansion of existing power plant, the User Agency has no option for alternative site and its requirement are integral for implementation, operation and expansion of future component. In this connection, the enclosed map may kindly be perused (pg.1014-1015/c) .
II. The Siracha forest land is an isolated patch of forest measuring 394.10 (Map prepared by BISAG enclosed). Though, it is good forest, however, since it is surrounded from all sides by habitation and various kinds of infrastructure it does not, therefore, possess high conservation value. During inspection, I found no major signs of wild life. The last Inspection Report of Regional Office, Bhopal dated 06.05.2016 also under paragraph 19 mentions that during site visit, no significant wild life was seen. With the full development of SEZ, its conservation value would be further undermined. It the CA area is developed contiguous to an existing large forest area with good potential for conservation the loss on account of 394.10 ha of forest area would be adequately compensated.
III. Generation of power is one of the key requirements for the development of the country. The 3000 MW proposed to be generated, as informed by the User Agency, through the said expansion of adjoining power plant near Siracha, in my well-considered opinion, would be far less detrimental to the overall environment as compared to another standalone thermal power plant established elsewhere to produce same amount of power. The main reason for this is that such a standalone power plant in the hinterland would he supplied huge quantity of required coal transported through railway or road whereas the proposed expanded thermal power plant would be fed coal by a conveyor system (as informed by User Agency during inspection) from Mundraport to the power plant. Secondly the expansion would use the existing sea water facility for cooling and consumptive purpose thus avoiding use of huge quantity of fresh water if the new plant were to come up elsewhere (copy of relevant portion of EC enclosed). Thirdly, the expansion would use the existing infrastructure facilities for evacuation of power.
IV. The State Government has recommended payment of five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the project.
14. The above facts related to the proposal was placed before FAC in its meeting held on 25.01.2018 and the Committee and the Committee observed as follows:
(i) The present proposal is for diversion of 1576.81 ha of reserved forest for non-forestry purpose for the development of port based multipurpose SEZ by Adani Ports and Special Economic Zone Limited (APSEZL) in Mundra coast in Kutch district of Gujarat.
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(ii) Adani Ports and Special Economic Zone Limited (APSEZ) is a private multi-port operator. The company was earlier known as Mundra Port & Special Economic Zone Ltd (MPSEZ) and it changed its name to "Adani Ports and Special Economic Zone Limited (APSEZL)" on January 6, 2012.
(iii) Adani Ports and Special Economic Zone Limited (APSEZL): In 1994, the Gujarat Maritime Board (GMB) approved setting up a captive jetty at the Port of Mundra. The Adani group initiated its activities in Mundra in 1994-95. In 1998, a joint sector company, the Gujarat Adani Port Ltd. (GAPL), was incorporated. In 2001, the Port of Mundra signed a concession agreement with GMB for development, operation, and maintenance of the port at Mundra. (iv) According to the State Government, the Ministry of Commerce and Industry, Government of India granted in principle permission for total 10000 ha of Mudra Special Economic Zone (MSEZ) in 2001 under State Government’s Exim Policy 2000. Under SEZ Act 2005 a Special Economic Zone (SEZ) at Mundra was notified in 2006. The Mundra Special Economic Zone was merged with GAPL of Adani Group. The combined company was renamed ‘Mundra Port and Special Economic Zone Limited (MPSEZL)’ under Adani Group.
(v) Forest Clearances granted to MPSEZL:
a. On 26th June 1998 the proposal for 2400 ha of Forest land for M/s Adani Chemicals was submitted by the State Government which was rejected by Forest Advisory Committee (FAC) on the ground that the area contains 19.42 lakh mangrove trees. On 17th July 2002, FAC asked for a fresh proposal to be submitted due to high impacts of the project and its location in an ecologically fragile region. On 26th September 2002 FAC recommends 1840 ha of forest land out of the revised proposal for 1850 ha. 10 ha of interspersed mangrove forests was kept out. However, the proposal was granted in principle approval on 13th May 2004 by MoEF to M/s Adani Chemicals for diversion of 168.41 ha of forest land in only one consolidated patch in survey area number 169/36 for salt washery and desalination plant for diversion of 1840 ha of forestland for high purity salt works. The EC was also granted to Adani Chemicals Limited for the establishment of high purity salt works, involving an area of 2946.22 ha, of this 1850 ha is forestland, for which the in-principle forest clearance was granted in May 2004. The Forest Clearance (FC) and EC letters specify that 10 ha of interspersed mangrove forest, which was deleted from the proposed area shall be transferred back to the state government and maintained at the project cost. b. On 23rd June 2004 MoEF granted approval for change of user agency from M/s Adani Chemicals Ltd to M/s Mundra SEZ Ltd. However on 5th September 2007, the MPSEZ Ltd requested the MoEF to amend the ‘In principle approval’ to include phasing out of payments for the diversions of the forest land and changing the name to Mundra Port and SEZ Ltd (MPSEZL); and also for change of land use in Master Plan also in favour of MPSEZ Ltd. c. However on 27th March 2008 FAC rejected the change of land use to carry out activities related to the Master Plan of the MPSEZL which was against purposes (high purity salt works and salt washery) for which the forest land was earlier diverted. The FAC noted, “the proposed land use completely changes the scope and purpose of the original diversion accorded....the state government may be advised to submit the proposal afresh.” d. The application for fresh forest clearance for 1840 ha came up before the Forest Advisory Committee (FAC) of the MoEF in March 2008. Thereafter on 17th April 2008, the FAC considers and recommended the proposal following a representation by MPSEZL dated 3rd April 2008. This came under the scanner of CEC. On 16th July 2008 Central Empowered Committee reported on the FAC reconsideration decision to divert 1840 ha + 168.41 ha of forest land. The report concludes, “the CEC is of the view that the recommendations of the FAC in the present case may not be accepted and the present request by the user agency for the diversion of forest land in a phased manner as part of the expansion of the Mundra Port and SEZ Limited may be rejected.” On 3rd October 2008 Supreme Court's order in the TN Godavarman case, “as Regards the proposed land use, the State Government may furnish a fresh proposal to the FAC within a reasonable time.” e. A fresh application was made by MPSEZL and was granted in-principle approval for forest land of 2008.41 ha (1840 ha + 168.41 ha) on 27.2.2009. The final approval was granted by MoEF on 30.09.2009 with specific and standard conditions.
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f. The proposed land use for diversion of 1840 ha of forest land as recommended by the State Government was as under:
S. No. Description of Items Area (Ha) 1. Port incl. Jetties, Basine, harbour, barge Berths, Tug Berths and their Immediate back-up Areas 386.40 for Cargo handling area, Crane movement area, circulation areas etc.
2. Container Freight Stations (CFS) including closed areas, Open Container Storage areas, 257.60
3. Godowns & Closed Storage Areas for Bulk & Liquid Cargos including Rail sidings etc. 349.60
4. Open Stock Yards & Open Hard Stands incl. rail sidings etc. for coal, Iron Ore, Steel, Cement, 423.20 FIM, Pipes etc. 5. Transport & Utiliti Corridor including Railway Lines, Roads, Drains, water Pipelines, Oil & 368.00 Gas Pipelines, Sewage Pipelines, Sea-Water Intake Channel, Outlet Channel/Pipelines, Transmission Lines, Conveyors, Telecom / Data Transmission Lines, Buildings etc.
6. Green Belt, etc. 55.20 Total 1840.00 And the proposed land use for diversion of 168.41 ha of forest land as recommended by the State Government was as under:
S. No. Description of Items Area (Ha)
1. Container Freight Stations (CFS) including Closed areas, Open Storage areas, Circulation areas 21.89 etc.
2. Light / Medium Industries 106.10
3. CBD / Offices, Roads, Drains, Water Pipelines, Oil & Gas Pipelines, Sewage Pipelines, 25.56 electricity Lines, Telecom / Data Transmission Lines, other Buildings etc.
4. Green Belt Development 14.85
Total 168.41
(vi) The final approval was granted by MoEF on 30.09.2009 with specific and standard conditions.
(vii) Details of notified Adani Port Special Economic Zone: According to the project authority, the project involves development of SEZ of the 10000 ha of SEZ, the plot area, 8481.2784 ha is notified in different point of time. On May 27, 2009, the Ministry of Commerce and Industry re-notified and consolidated the SEZ area of 6472.8684 ha. After forest clearance, the Ministry of Commerce and Industry de-notified 1840 ha of Mundra SEZ on 25th November 2009. The details of SEZ notification is as under:
Notification of SEZ Area Notified as SEZ (ha)
March 4, 2006, GPCB issued a site clearance certificate to Mundra SEZ Limited for airstrip development at survey No. 52/53 of Village Goersana in Mundra. June 23, 2006, Ministry of Commerce and Industry notified multi product SEZ under GAPL of 2406.7592 ha in Mundra and Anjartalukas. 2406.759
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September 6, 2006, Ministry of Commerce and Industry transferred the notified multi product SEZ under GAPL of 2406.7592 ha in Mundra and Anjartalukas to M/s Mundra Port and Special Economic Zone Limited. May 10, 2007, Ministry of Commerce and Industry notified power SEZ under Adani Power Private Limited of 293.881 ha in Tunda and Siracha villages. 293.881 July 3, 2007, Ministry of Commerce and Industry notified an additional area of 251.4308 ha was notified as part of the SEZ. 251.4308 June 23, 2006, Ministry of Commerce and Industry notified an additional area of 74.6145 ha as part of the multi product SEZ under MPSEZL. 74.6145 May 2, 2008, Ministry of Commerce and Industry notified an additional area of 1074.1755 ha under the multi product SEZ in favor of MPSEZL. 1074.1755 August 11, 2008, Ministry of Commerce and Industry notified an additional area of 2113.7962 ha under the multi product SEZ in favor of MPSEZL. 2113.7962 Total 6214.657 May 27, 2009, Ministry of Commerce and Industry re-notified and consolidated the SEZ area of 6472.8684 ha. 6472.8684
(viii) The APSEZL again proposed in 2010 to develop another 3510.06 ha including 1840 ha already diverted and another 1670 ha of government land including 864.1299 ha of forest land. APSEZL however approached the Forest Department vide ref no APSEZL/APCCF (land)/F-01/2013-14 dated 10th June 2013 for the entire 1576.81 ha Reserved forest.
(ix) The State Government of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated 21.01.2016 had submitted the proposal for additional 1576.81 ha of all remaining forest land to consolidate all land holding in the proposed APSEZ which was submitted for diversion in 2005. The proposal was considered earlier in the FAC meeting dated 20.07.2017 also. The details of forest land is as under:
Village Survey No. Hect. Siracha 295/paiki 125.00 Siracha 295/paiki-2 269.10 Navinal 223/paiki 89.52 Dhurb 169/paiki 81.59 Mundra 141/paiki-2 46.66 Baroi 207/paiki 136.43 Goarsama 52/paiki 112.06 Luni 468/paiki-2 516.45 Bhadreshwar 733/paiki 200.00 1576.81
(x) The application was submitted by Mundra Special Economic Zone Limited (MSEZL) in old application form in March 2005 for Mundra Special Economic Zone (MSEZ) for following purposes:
“MSEZ is proposed to be set up with self-contained facilities like Ind. Park Complex, Distribution Center, Commercial Complexes, Housing Complexes, Utilities like Water Supply, Drainage, Roads, Lighting, Social Infrastructure like schools, colleges, hospitals, townships, open air theatre, amusement park, etc. and provision for Air-field, helipad, railway station, roads (SH& NH), etc. over a total area of about 10,000 hectares. This 10,000 hectares land is required to be in contiguous blocks as far as possible in the area identified which includes Govt. Waste Land, Forest Land, Private Land, etc. The development will be as per the detailed project report. The class SEZs set up at JEBEL ALI-FTZ Dubai and SHENZEN PORT – HONGKONG.”
(xi) Justification for the diversion of forest land was given as under:
“As per the policy of the Government India, SEZs are intended to be developed as self-contained township for industrial and commercial with required infrastructure for industrial/commercial activities like water supply, sewerage, 91 | P a g e
adequate power supply, effluent treatment facilities, rail, road, port and airport connectivity for easy movement of cargo and service personnel and world class township having composite social infrastructure like schools, colleges, banks, hospitals, post offices, super markets, amusement parks and gardens, recreation centers and cinema halls and hotels and restaurants and world class commercial complexes for housing the offices of international trading and industrial organizations for setting up their activities in the Special Economic Zone. In the case of Mundra SEZ, after eliminating the existing populated areas, contiguous land available are Government was land and forest land without useful vegetation and private uncultivable land. Moreover, the land in question is located in the vicinity of Mundra Port and railway line. The forest land proposed for diversion is within the overall boundary of the Mundra SEZ project. There is significant vegetation on the proposed forest land and the particular lands cannot be avoided for making contiguous land blocks. Moreover, the sea facing forest lands offer ideal scope for development of various SEZ activities without really sacrificing any forest. For all the above said development contiguous blocks of lands are required to facilitate proper area planning. Moreover, SEZ project is supposed to be in vicinity of sea port for providing easy movement of bulk cargoes. For the industries located in SEZ, re-export facilities will be excellent and will have benefits of some special privileges. The SEZ industries will generate huge employment for the country and benefits of value addition accrue to the nation while the benefits of duty exemption are availed by entrepreneurs locating their industrial units in SEZ.”
(xii) The proposal was recommended by the DFO on 24.03.2005 and the Chief Conservator of Forests Kuchchh Circle recommended the proposal on 15.05.2010 to the Nodal officer FCA Gujarat with the following observation:
1. The user agency has already diverted the reserved forest of 2008.41 ha for the same cause, so this proposed area can be developed as forests only within SEZ. Therefore, there is no need for any diversion of forest land for the same cause. 2. If this proposal is considered for the diversion than the forest of Siracha of an area of 394.10 may be excluded because of the unique prominent Acacia nilotica forest in the district. 3. The area is coastal area so at least 100 mt belt toward sea may be developed as green shelter belt only. 4. For proposed compensatory afforestation land, the Murachvan area is adjoining to forest area and favourable to wildlife. But the remaining two areas Junachay and Amara are not adjoining to any forest areas. Also, they are only grazing areas for local peoples. So, as CF, undersigned does not recommend to accept these areas as compensatory lands. 5. Therefore, these proposed Junachay and Amara areas may kindly be replaced with either at Nanamodungar having dominant indigenous trees cover, Keerodungar having Caracal site and breeding site for migratory birds or land in Abdasa taluka, having GIB habitat.
(xiii) The Nodal Officer FCA recommended the proposal on 16.08.2010 to the with following recommendations:
The user agency has submitted proposal for diversion of 1576.81 ha of forest land for the purpose of developing SEZ. However, it is recommended for 1552.81 ha area, subject to following conditions: 1. There exist rights of local people as per forest settlement reports in the area. These rights may either be continued as such or the user agency should provide alternative at their cost. 2. As Siracha RF supports good patches of Deshi Babool (Acacia nilotica) and small wildlife, these patches, totaling to 269.25 ha area will be conserved in situ as Green Belt by the user agency. 3. User agency shall provide right of way of not less than 8 mts width within Dhrub RF area for the proposed diversion of 24 ha which has been excluded from the proposal of the user agency. 4. The non-forest land to Compensatory Afforestation shall be transferred to the Department duly demarcated and surveyed by DILR and after barbed wire fencing or trench mound fencing shall be provided by the user agency as decided by CCF, Kachchh. 5. User agency will develop green shelter belt of not less than 100 mts. width all along the adjoining coastal land of the proposed area under diversion. 6. Permission of the competent authority shall be obtained by the user agency for developing the area as SEZ. 7. It user agency fails to develop the area with 5 years from the date of the formal approval, the remaining area shall be reverted back to the Forest Department without payment of any refund or compensation of any kind.
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(xiv) The State Government has recommended the proposal on 21.01.2016 subject to the following conditions:
“Diversion of 1576.81 ha of forest land of Reserved forest land for development of Special Economic Zone and Industrial Park at village-Siracha, Navinal, Dhurab, Mundra, Borai, Gorasama, Luni, Bhadreshwar, Taluka. Mundra, Distt., Kutch in favour of Adani Group Mundra Port and Special Economic Zone Ltd, Ahmedabad” this proposal is recommended subject to the following conditions:
1 The user agency shall make necessary arrangements for right of the way for the local people from the diverted land. Plan of such arrangement with the consent of local people shall be submitted before the formal approval to this proposal. 2 All the conditions as recommended by the Chief Wildlife Warden shall be complied with the User Agency. (A copy is enclosed in this proposal) 3 The User Agency shall develop and maintain a green belt at Siracha Village for in situ conservation of Indian Birds and Wolfs, hence 100 ha. area of Siracha village may be excluded from the diversion. Exact location of 100 ha. from the total demanded land of Siracha village can be decided at the time of formal approval. 4 If 122 ha. of Village – Zarpapa- 683 ha., of GMB or any other revenue land is allotted for this SEZ then equivalent land from land shall be reduced from the demanded forest land for this SEZ.
5 The Compensatory Afforestation land shall be surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. 6 The user agency shall develop the 100 mts shelter belt at adjoining sea side. 7 Approval of Developing SEZ shall be obtained by the User Agency from concerned authority.
8 The diverted shall be utilized for the purpose of the SEZ within 5(five) years from the date of the formal approval. If the user agency fails to do so, the unutilized forest land shall be recovered by the Forest Department. 9 The User Agency shall obtain Environment Clearance, CRZ Clearance before the commencement of the work. 10 The Compensatory Afforestation land shall be handed over to the State Forest Department without any liability and encroachment before the formal approval to this proposal. 11 All the conditions of the formal approval of 2008.41 ha forest land shall be diverted shall be complied with before the formal approval of this proposal (a) 3770 ha non-forest land of Kutch district shall be transferred to the state Forest Department before the formal approval to this proposal for the Ghorad Sanctuary. (b) Compensatory Afforestation for the approval of 2008.41 ha of forest land shall be transferred to the State Forest Department before the formal approval to this proposal.
(c) The User agency shall pay the cost of fencing in Compensatory Afforestation land to the State Forest Department before the formal approval to this proposal. (d) The user agency shall pay the difference amount of 5.35 Crores for the firewood estimation from 2008.41 ha forest land before the formal approval to this proposal. (e) Any other conditions of the formal approval of the 2008.41 ha diverted forest land before the formal approval of this proposal. 12 Diverted forest land shall not be utilized for Golf Course, Bench Resort, Park or Residential purposes or any other activity prohibited by FCA 1980 and/or guidelines there under. 13 The user agency shall comply the additional conditions of processing fee, Registration fee, Additional Compensatory Afforestation Land, Amount for Additional Compensatory Afforestation Land and additional Compensatory Afforestation Land and additional amount as per Government of Gujarat’s GR No. FCA-1013/11-10/SF-24/F Dated 12.06.2015 14 The user agency shall comply the provisions of Forest Right Act, 2006 before the formal approval of this proposal. 15 Recommendations of the Nodal Officer is submitted by its letter no. JMN/29B/A/806/2015-16 dated 28.12.2015 (A copy is enclosed in this proposal)
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(xv) The said proposal was considered earlier also by the FAC in its meeting held on 20.07.2017 and based on the facts made available on the date of FAC meeting, the following information were sought from the State Government:
(i) Detailed land use plan has not been submitted and therefore the State government shall provide detailed land use of the whole area including forest and non-forest land. (ii) State government will analyse and examine the land use plan and submit a proposal for diversion of forest land for non- forestry purpose for only those land use which are permissible under the guideline of FCA 1980.
(iii) MOEF&CC had accorded prior approval under section 2(ii) of FC Act, in favour of M/s Mundra Port, for diversion of reserved forest area of 57.75 ha, for laying of Railway line vide letter No. 8-163/97FC, MoEF, New Delhi, dated 24.07.2004, and 1840.00 ha. & 168.41 ha. for development of port based SEZ vide No. 8-2/1999-FC(Pt), dated 27.02.2009. It has been fulfilled/complied by the user agency. The State Government shall submit complete compliance of all stipulations of past approvals under section 2(ii) of FCA, 1980. (iv) Site inspection was carried out by the regional office for 1476.81 ha whereas state government has now recommended the proposal for total 1576.81 ha, which include 100 ha of Acacia nilotica patch , with condition that the same may be diverted by allowing user agency to pay five times of NPV of forest area. This patch is a part of 394 ha of forest of Sircha village which CF Kutch had recommended to be excluded. Regional office may inspect the area again and give specific comments on exclusion/inclusion of 100 ha or 394 ha into the proposal. (v) State Government may kindly give justification for notifying the forest area as part of SEZ (special economic Zone) without seeking prior permission under the provision of Forest conservation act 1980. (vi) It is reported that the part of non- forest area is being utilized as SEZ and now the proposal is for the balance patches of forest area which are required to be included in SEZ to make the total area as 10000 ha. From the review of the map and justification of the state it is learnt that it is statutory requirement of custom department that for processing zone of SEZ it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. State Government had further justified that there is no option than to opt for the diversion of forest land to be included in the SEZ. The State Government may be asked why this matter was not brought to the notice of FAC earlier. (vii) State Government shall give very specific recommendation regarding suitability of Compensatory afforestation land. (viii) State Government shall submit complete compliance of FRA.
(xvi) Accordingly, the State Govt. and Regional office, Bhopal was requested vide the Ministry’s letter dated 24.08.2017 to furnish the information as sought by FAC in its meeting held on 20.07.2017 The State Government vide their letter no. FCA-1014/10-11/14/S.F-66/F dated 01.12.2017 has submitted their compliance report as under:
S. Reply of State Govt. No. In this regard, the State Govt. reported that the user agency has submitted details pocket wise land use plan as per the FCA, 1980 guideline and is attached in their reply as Annexure-A (pg. 803/c), as submitted to CCF, Kutch & Nodal Officer. Detailed land use plan is in accordance with their project needs and project components. User agency has provided detailed land use plan and has given confirmation that diverted forest area for only those land uses which are permissible under the guideline of FCA, 1980. The details of proposed land use are as follows: i. & ii Proposed land use Area in ha. 59.9 Power Plant 1000 MW X 3 209.2 Copper Smelter Plant – 1 MT capacity 125 Coal to Polygeneration – 10 MT capacity 89.52 CFS & warehousing 81.59
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Engineering Cluster 5.21 Mix Industrial cluster viz engineering ware house etc and social Infrastructure as per FCA 1980 guidelines viz schools, hospitals/ 41.45 dispensary, community halls, cooperatives, etc. CFS & warehousing 51.46 Commercial Airport with MRO, Storage yards, fuel tankers, 84.98 terminals etc. 112.06 Engineering Cluster with Water front for manufacturing and 516.44 assembly of Crane, Boilers, project cargo, port operation equipment, etc and Liquid storage tanks farm. 200 Total 1576.81
In this regard, the State Govt. reported that compliance of all conditions put forward in final Approval given by the Govt. of India. In principal approval has been granted by Govt. of India vide letter No. 8-2/1999-FC (PT) dated 27.02.2009 for land admeasuring 1840 ha and 168.41 ha to Adani Ports and SEZ Ltd for development of port based Special Economic Zone. Compliance of conditions laid down in In- principle approval granted by the Govt. of India. iii. For the condition No. 8 of in principle approval no. 8-2/1999-FC (PT) dated 27.02.2009, 3752.30 ha land is transferred in the name of Forests & Environment Department out of 3700.00 ha land of which was possessed by GEDA. For the Conditions No. 17, 18 & 19 of Memorandum No. FCA-1009(10-14) SF-18-K dated 17.11.2009, the user agency has given the Bank Guarantee of Rs.77300000.00. User agency has provided detailed compliance of all conditions put forward in Final Approval given by the Govt. of India In this regard, the State Govt. reported that at one point of time in 2009, the then Conservator of Forest, Kutch has directed to exclude an area of 394 ha in Village Siracha stating that 100 ha patch possess good vegetation and presence of wild animals. The State Govt. accordingly recommended final proposal with deduction of 100 ha land out of this 394 h in Jan, 2016. However, User agency requested State Govt. for the re-survey of the Siracha land stating that the Wild life report is quite old i.e. of 2009 and at present no wildlife and exotic vegetation is available in that area. The survey was carried out by CCF, Kutch office and founded that there was negligible movement of wildlife as per report and Acacia Nilotica is present only in one corner of the land parcel. Further, the area of 100 ha of Siracha is in close proximity to existing power plant iv. and as represented by user agency this Forest land of Siracha is necessary for their expansion of
Power Plant, due to integration with existing power plant. User agency has also represented and agreed to pay 5 times NPV in line with FCA provision of addressing the situation of diversion of Wild life protected area. User agency feels that there is no other alternative for 100 ha land and for that DCF Kutch East has recommended not to exclude 100 ha land. But, as per reference of Minutes of Meeting of Forest Advisory Committee held on 20.07.2017, APCCF, Regional Office, Bhopal has conducted the site inspection once again on 26.09.2017 to decide for 100 ha Siracha forest land. Previously, it was done on 06.05.2016. So now this aspect pertains to Regional Office Bhopal and its further report on latest site inspection report. In this regard, the State Govt. reported that Ministry of Commerce and Industry, Govt of India has granted in principle permission for total 10000 ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt’s Exim Policy 2000. In the meantime, user agency has acquired 6456 ha land in piece meal through private land, direct allotted Govt land and Govt land allotment through Gujarat Maritime Board. As and when user agency got the possession of land, it was further notified as SEZ Area after getting approval from Ministry of v. Commerce and Industry, GoI. Further, the area of 1840 ha and 168 ha forest land has been
diverted to APSEZL by Forest Department in Nov-2009 has also been notified for SEZ area in April-2015 and March-2012 respectively. Thus, as of now total 8464 ha of area has been declared as SEZ Area. The area declared as SEZ area earlier is adjacent to various pockets of this 1576 ha forest land, which is proposed for diversion by User Agency. The area of 1576 ha as proposed for allotment 95 | P a g e
by User Agency has not been declared as SEZ Area as it is not in their possession. As informed by user agency, they will approach Ministry of Commerce and Industry, Government of India to declare this area as SEZ area only after the area is diverted to User Agency. Ministry of Commerce and Industry, Govt. of India has granted in principle permission for establishing SEZ in total 10,000 ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Govt.’s Exim Policy 2000. That the forest land, is required to complete the SEZ land requirement for establishing SEZ has been mentioned in the original proposal and has been provided in various comments, offered by user agency and this office. Thus, as of now total 8464 ha of area, acquired in piece meal through Private land, Direct Govt. allotted land and Govt. land allotment through Gujarat Maritime Board has been declared as SEZ area. As informed by user agency, they will approach Ministry of Commerce and Industry, Govt. of India to declare this area as SEZ area only after the area is diverted to User Agency. In this regard, the State Govt. reported that the proposal of User Agency for area under consideration is adjoining to already declare as SEZ of 8464 ha land. There is no other land except Forest Land. Hence, User agency has proposed for diversion of Forest Land. Ministry of Commerce and Industries, Govt. of India has granted In-principle permission for establishing SEZ in total 10000 ha of Special Economic Zone (SEZ) to User Agency in 2001 under State Government’s Exim Policy, 2000. vi. That the land is required to complete the SEZ land requirement for establishing SEZ has been
mentioned in the original proposal and has been provided in various comments, offered by user agency and his office. It is statutory requirement of customs department that for processing zone of SEZ, it should be located on contiguous pieces of land and that there should be over all contiguity in the various components of SEZ. This aspect has been submitted by the State Government earlier, in its project justification and other clarifications provided. The State Govt. stated that the detailed scheme for Compensatory Afforestation and land suitability was already prepared in Sept-2008 while processing the proposal. But, as per the opinion of then Conservator of Forests, Kutch that Non-forest Land of Junachy and Amara area offered as CA land by User Agency is not adjacent to existing forest land and therefore not suitable for afforestation. However, as per the latest resolution of State Government dated 15.05.2017 whenever the Non- forest land being offered as Compensatory Afforestation land is not possible to be contiguous to existing forest land and if the area of diversion is 100 ha or more area the CA land should not be less than a patch of 25 ha. Considering this guideline the CA offered land at Junachy and Amara vii. was found suitable. State Government vide its GR dated 15.05.2017 has provided guidelines for suitability of private land for compensatory land. Considering this guideline, the CA offered land at Junachy and Amara was found suitable. Suitability Certificates along with scheme of Compensatory Afforestation and land suitability for land area of 503.01 ha of Village Murachban, Taluka. Lakhpat, 283.80 ha of Village Junachy, Taluka.Lakhpat and 790 ha of Village Amara, Taluka.Nakhatrana have been provided by DCF accordingly. However, User Agency has given undertaking if forest department is not ready to accept proposed CA land as mentioned above, it will be changed and new CA areas will be provided before the issuance of final approval. The State Govt. stated that an Undertaking has been given by the User Agency that all formalities viii. as per the Guidelines of Forest Rights Rules-2006 of Government of India will be completed
before final approval. So, undertaking of User Agency may be provided.
(xvii) After the FAC meeting on 20.07.2017, the Ministry vide it’s letter dated 24-08-2017 requested the Regional Office, Bhopal to inspect the area again and give specific recommendations on the exclusion / inclusion of 100 hectares or 394 hectares of forest area in the proposal. The Regional office inspected the project area on 26.09.2017 with the specific and the only objective of evaluating the recommendation of the State Government of Gujarat to include 100 ha of 394.10 ha of Siracha village into the project. SIR was done along with Shri U.D. Singh, APCCF (Land), GOG, Shri P.S. Randhava, CCF, Kutch and the senior officers from the User Agency. Based on the field observations during inspection, the discussions held at the time of inspection with User Agency officers as well as officers of State Forest
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Department, Regional office recommended the proposal for consideration of diversion of 394.10 hectares of forest area of Siracha village for the following reasons:
a) The forest land of Siracha village is adjoining the existing power plant of the User Agency. During field inspection the User Agency representatives informed that the forest land of Siracha village is required for the expansion of the existing power plant which was initially developed keeping in view the future expansion. Therefore, for the expansion of existing power plant, the User Agency has no option for alternative site and its requirement are integral for implementation, operation and expansion of future component.
b) The Siracha forest land is an isolated patch of forest measuring 394.10 (Map prepared by BISAG). Though, it is good forest, however, since it is surrounded from all sides by habitation and various kinds of infrastructure it does not, therefore, possess high conservation value. During inspection, regional office found no major signs of wild life. The last Inspection Report of Regional Office, Bhopal dated 06.05.2016 also under paragraph 19 mentions that during site visit, no significant wild life was seen. With the full development of SEZ, its conservation value would be further undermined. It the CA area is developed contiguous to an existing large forest area with good potential for conservation the loss on account of 394.10 ha of forest area would be adequately compensated.
c) Generation of power is one of the key requirements for the development of the country. The 3000 MW proposed to be generated, as informed by the User Agency, through the said expansion of adjoining power plant near Siracha, in regional office’s well-considered opinion, would be far less detrimental to the overall environment as compared to another standalone thermal power plant established elsewhere to produce same amount of power. The main reason for this is that such a standalone power plant in the hinterland would be supplied huge quantity of required coal transported through railway or road whereas the proposed expanded thermal power plant would be fed coal by a conveyor system (as informed by User Agency during inspection) from Mundraport to the power plant. Secondly the expansion would use the existing sea water facility for cooling and consumptive purpose thus avoiding use of huge quantity of fresh water if the new plant were to come up elsewhere. Thirdly, the expansion would use the existing infrastructure facilities for evacuation of power.
d) The State Government has recommended payment of five times the NPV for the 100 hectares of forest area coming under diversion for non-forest use for the project. In other words the APCCF (C), Regional Office has recommended the diversion of 394.10 ha of good forest, citing reason that it will have no future conservation value, for future expansion of TTP by APSEZL albeit at 5 times the NPV.
15. Form the documents examined by the FAC in meeting dated 25.01.2018 it is learnt that the Mundra special economic zone is proposed to set up with self-contained facilities like Industrial park complex, distribution centre, commercial complexes, Housing complexes , utilities like water supply, drainage, roads ,lighting, social infrastructure like school, colleges, hospitals , townships, open air theatre, recreation centre, cinema hall, amusement park etc and provision for air field, helipad ,railway station, roads(SH &N.H) etc. over total area. The User Agency has now agreed to change the land use of forest land as informed by State Govt. vide its letter dated 01-12-2017 and the proposed changed land use of forest land is now indicated under para 16 above. FAC deliberated on the fact that establishment of port based SEZ is necessary for the development of the country. On analysis through DSS it is observed that most of the forest area and revenue areas are under non forestry use and some patches of forest areas are available inside SEZ. In view of the clarification submitted by the State Government vide letter dated 01-12-2017, FAC recommends the grant of In- principle approval for the diversion of 1552.81 ha (1576.81-24 ha) of forest land subject to general standard and following specific conditions:
i The Nodal officer, FCA had recommended in 2010 that though the user agency has submitted proposal for diversion of 1576.81 ha of forest land for the purpose of developing SEZ only 1552.81 ha area may be diverted excluding 24 ha in Dhrub RF, subject to specific conditions. It was recommended that the user agency shall provide right of way of not less than 8 mts width for 24 ha which has been excluded from the proposal of the user agency. The details of settlement of rights shall be provided.
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ii The diverted forest land measuring 1552.81 ha. shall be maintained as green area within the APSEZ and the diversion for non-forestry purpose will be considered only on case to case basis by the ministry for the purpose required for SEZ. iii Diverted forest land shall not be proposed to be utilized for Golf Course, Beach Resort, Park or Residential purposes, or any other activity prohibited by FCA 1980 and/or guidelines there under iv From the DSS analysis it is observed that Aerodrome already exists in the zone. The diverted forest land will not be proposed for the construction of private Aerodrome as demanded by the use agency. The forest land may be considered, in future on merits, in case of commercial Airport is developed with the approval of DGCA. v The detailed existing land use with maps of all forest land 2008.41 ha (1840ha + 168.41 ha) for which the approval was granted vide 30.09.2009 and details of complete land use including forest land for the existing private Aerodrome and power plants within the SEZ may be provided. vi 100 meter wide green shelter belt along the sea coast except in the waterfront area shall be included in the Master Plan of APSEZ. vii Complete compliance of CRZ regulations shall be ensured. viii All the conditions as recommended by the Chief Wildlife Warden shall be complied with the User Agency. ix The Compensatory Afforestation land shall be surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. x Compensatory afforestation shall be raised over identified non -forest land equivalent to the diverted forest land diverted and at least 1000 plants per hectare (1552.81 hectares x 1000 = 1552810 plants) shall be planted with provision for ten years on subsequent maintenance. xi 25% of revised CA cost will be deposited extra by the user agency for soil and moisture conservation (SMC) activities on the CA land. xii Complete compliance of Forest Right Act 2006 to be done for the 1576.81 ha of forest land by the State Government. xiii To provide protection to the existing wildlife a patch of natural forest in Luni to Harmiramora village shall be kept as green belt without carrying out any activities in that area as recommended by the CCF Kutch Circle vide letter dated 15.5.2014 to PCCF Wildlife Gujarat. The recommendation of the Chief wildlife warden Gujarat sent vide No WLP/663/32/B/1778-79/2014 dated 30.5.2014 must be complied. xiv The State Government will inform about the status of the land measuring 122 ha in village Jarapara and 683 ha of land belonging to GMB has been transferred to APSEZL. This area need to be deducted from the proposed forest land diversion as recommended by the State Government. xv State government will provide the terms and conditions on which the forest is proposed to be transferred on lease to the use agency The detail of lease period, terms, conditions and consideration, if any, may be provided. xvi All other conditions imposed in the approval granted for diversion of 2008.41 ha (1840ha + 168.41 ha) forest land on 30.09.2009 shall be complied.
16. Taking in to consideration the recommendation of FAC as mentioned in para (15) above, the proposal for diversion of 1552.81 ha (originally proposed 1576.81 ha.-24 ha.) of forest land for the development of Special Economic Zone and Industrial Park at Village - Siracha, Navinal, Dhrub, Mundra, Baroi, Gorasama, Luni, Bhadreshwar, Ta. Mundra, Dist. Kutch in favour of Adnai Group, Mundra Port and Special Economic Zone Ltd., Ahmedabad was processed for approval of competent authority with general, standard conditions and specific conditions as indicated in para 15 above. 17. Further, the project proponent has given a representation vide their letter dated 08.01.2018 which has been received in the Ministry on 13.03.2018 requesting for deletion/ amending of specific conditions imposed by FAC. A copy of the said representation may kindly be seen at pg…..
18. With the approval of competent authority, it has been decided by this Ministry to examine the representation of user agency by the State Govt. before taking any further action on the instant proposal and the point wise comments of state government along with specific recommendation may be solicited for final decision. Accordingly, the State Govt. vide this Ministry’s letter dated 24.05.2018 requested for the same.
19. Now the Govt. of Gujarat vide their letter No. FCA-1014/10-11/14/S.F-66/F dated 26.07.2018 (pg.1230-1249/c) informed that the State Government has sought a report from Nodal Officer (FCA), Revenue Department and Gujarat Maritime Board (GMB) and based on which the comments of State government are given. The justification of user agency and comments of State Govt. as given on each recommended specific condition are as follows:
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S. N. Specific Conditions as Justification of User agency: Comments of Govt. of Gujarat (GOG): recommended by FAC on 25.01.2018 (1) The Nodal officer, FCA APSEZ had submitted proposal The Nodal officer’s recommendation had recommended in 2010 for diversion of 1576.81 ha in relating to 6 proposals involving total 24 that though the user 2004, which includes Dhrub RF ha. area was on the basis of diversion agency has submitted area admeasuring 89.52 ha applications received in the year 2010. proposal for diversion of (pocket no-05). Later in 2009, The State Government had not forwarded 1576.81 ha. of forest land six applicants have demanded 4 these proposals to Govt. of India for ha. each for warehousing and diversion under FCA. The State for the purpose of storage as part of same land Government has recommended for the developing SEZ only making it total of 24 ha. Against diversion of the 1576.81 ha. area to 1552.41 area may be their application, the Nodal APSEZ in totality. In light of the decision diverted excluding 24 ha Officer had raised queries to taken by the State Government, in Dhrub RF, subject to applicants on their proposal of recommendation made by the then Nodal specific conditions. It was 24 ha during 2014 & 2015, but Officer, way back in 2010 in this regard recommended that the user no response was received from should not have been considered and only agency shall provide right any applicant. Based on the fact, the latest / revised recommendation of of way of not less than 8 Nodal officer has finally State Government should only be taken mts width for 24 ha which considered total area of 89.52 ha into consideration. Then Nodal officer has been excluded from in Dhrub RF for diversion to (FCA) in the year 2015 had sought the proposal of the user APSEZL as per its application various documents from those six user agency. The details of and recommended against agencies but they didn’t respond to Nodal APSEZ proposal on 21st Jan Officer (FCA). Thus, Nodal Officer settlement of rights shall 2016. Hence, there is neither (FCA) came to conclusion that those user be provided. pending request from any user agencies were not serious for their nor requirement of any right of proposals and as the APSEZ had way, and accordingly the demanded the land way back in the year APSEZL proposal for diversion 2005 so the recommendation was made in of 1576.81 ha. forest land is favour of APSEZ. required to be considered in totality without deduction of 24 ha. Therefore, it is requested to amend the said condition accordingly. (2) The diverted forest land Diversion of 1576.81ha of The user agency has already submitted measuring 1552.81 ha forest land is proposed for details regarding proposed land use plan shall be maintained as various industrial activities. which may kindly be considered. As it is green area within the Pocket wise land use plan as per going to be part of SEZ area, the APSEZ and the diversion FCA, 1980 guidelines were permission for case to case basis for non-forestry purpose submitted to CCF, Kutch & proposals under FCA may be relooked by will be considered only on Nodal officer, which has been FAC. It is felt that this condition may be case to case basis by the clearly mentioned in the Agenda modified. If entire area under diversion is Ministry for the purpose no-03, F. No. 8-04/2016-FC at asked to be maintained as green area, then required for SEZ. pg. no 19 & 20 under point no 16 the purpose of making diversion sr.(i) and (ii) of Minutes of application under FCA 1980 is not served. Meeting of Forest Advisory Committee held on 25/01/2018. SEZ is being defined as area nomenclature by the Ministry for setting up an industrial infrastructure and facilities which has been already classified in detail. Detail land use plan for 1576 ha. has been submitted with proposal is attached once again for ready reference. Hence, the condition of 'the diverted forest land measuring 1576.81 ha shall be maintained as green area....' is 99 | P a g e
required to be modified as ''the diverted forest land measuring 1576.81 ha. shall be utilized for various industrial activities / purposes as per FCA, 1980 guidelines. (3) Diverted forest land shall User agency has been agreed No Comments needed. not be proposed to be upon this condition. utilized for Golf Course, Beach Resort, Park or Residential purposes, or any other activity prohibited by FCA 1980 and/or guidelines there under. (4) From the DSS analysis it is Existing Aerodrome in the SEZ User agency has submitted detailed observed that Aerodrome consist of runway strip with justification regarding requirement of already exists in the zone. 2000mt. length. As per DGCA land for commercial airport. For ready The diverted forest land guidelines, to handle various reference conceptual development draft will not be proposed for cargos and big size of air planes plan (Map) is attached herewith (Pg. the construction of private it requires runway strip to 1237/c). The demanded pockets of forest Aerodrome as demanded expand up to 4000mt. length land are adjoining to the existing airport. by the user agency. The along with ancillaries, aviation The existing air strip facilities are forest land may be related industries and other proposed to expand from 2.00 km. to 4.00 considered, in future on necessary facilities. Hence km. length and demanded forest area falls merits, in case of utilization of diverted forest land on the either side of the existing air strip. commercial Airport is is crucial for expansion of The area demanded is for the run way developed with the existing aerodrome facilities expansion and related infrastructure approval of DGCA. even before the development of facilities. The demanded pockets of forest Commercial Airport. Adani land on the either side are pocket no. 9 and group company Mundra pocket no. 10 respectively 84.98 ha. and International Airport Pvt. ltd is 112.06 ha. The Representation made by going to develop this airport. the user agency may kindly be looked into The TOR Dated 4th May 2016 in light of license/approval by DGCA issued by MoEF and Aerodrome (Pg. 1238-1239/c). License-Public use Dated 16th Feb 2018 issued by DGCA, GOI is attached herewith for your ready reference which is the authority in the country for civil aviation activities hence it is not a Private airport but a airport under PUBLIC USE CATAGORY duly approved by DGCA. Therefore. the statement of MOM i.e. 'diverted forest land will not be proposed for the construction of private Aerodrome' needs to be deleted as user agency has not proposed for development of private Aerodrome but it is for development of Public use category Aerodrome duly approved by DGCA. (5) The detailed existing land NO FOREST LAND IS USED The User Agency has submitted detailed use with maps of all forest FOR EXISTING land use map pertaining to 2008.41 ha land 2008.41ha (1840ha + AERODROME AND POWER (Pg.1240/c). As per the map it is clear that 168.41ha) for which the PLANT. Please find enclosed the existing aerodrome and power plant approval was granted vide maps for land use Plan for are not in forest land but within SEZ. 100 | P a g e
30.09.2009 and details of 2008.41ha, existing private complete land use Aerodrome and power plants including forest land for within the SEZ which clearly the existing private show that forest land is not used Aerodrome and power for existing Aerodrome and plants within the SEZ may power plant. be provided. (6) 100 meter wide green Some part of the proposed The user agency had represented that shelter belt along the sea diversion of 1576.81 ha. of some part of the proposed diversion is coast except in the forest land is located on Sea located on seacoast and waterfront. Upon waterfront area shall be coast. Sea coast and waterfront scrutinizing the map for the proposed included in the Master are one and same, which is diversion, it is observed that areas Plan of APSEZ. excluded as per MOM therefore proposed of Mundra survey no 141/P, condition is not applicable and Baroi-survey No.207/P, Goversama required to be deleted. survey No.52/P, Luni-survey no.468/P and Bhadreshwar-survey no.733/P are having seafront. Hence, condition of 100 mt wide greenbelt in above villages only may be insisted excluding stretches where use of waterfront is inevitable. (7) Complete compliance of User agency has been agreed No comments needed. CRZ regulations shall be upon this condition. ensured (8) All the conditions as The FAC has recorded the Chief Wildlife Warden had submitted his recommended by the recommendation of the Chief opinion vide letter date:30/05/2014 and Chief Wildlife Warden wildlife warden Gujarat sent made recommendation and stipulated shall be complied with the vide No. WLP/663/32/B/1778- nine conditions. One of the condition was User Agency. 79/2014 dated 30.5.2014 to maintain 100 ha. area of Siracha and however the matter has been 240 ha. area of Luni village as Green reviewed by Forest department Conservation Area, free from any GOG wherein CCF Kutch has construction, except for access to sea. The resurveyed both villages Siracha user agency had made representations to and Luni with respect to the review the matter as the said area is status of presence of wildlife and crucial for them. A fresh survey of area exotic vegetation and submitted was undertaken. Based on the fresh their inspection report on assessment and considering the crucial 26.09.2016 which clearly states need of the area for user agency, the State that no wildlife activities exist in Government vide letter dated:16/06/2017 Siracha and Luni villages. submitted detailed explanation to GOI. Report Dated 26-09-2016 is State Government has recommended to attached for ready divert whole1576.81 ha. area with a reference.State Government has condition to impose five times NPV for forwarded the proposal vide 100 ha. area of Siracha village and to their letter FCA-1014-10- make all possible attempts to retain bigger 11/14/S.F-66/F Dated trees. Thus condition no.1 and 6 of Chief 21.01.2016 to MOEF, New Wildlife Warden Gujarat Delhi and recommended to recommendation stands modified up to deduct 100ha.area from forest that extent. All other conditions land of Siracha village as per recommended by Chief Wildlife Warden earlier report. However, User Gujarat, i.e. condition no 2, 3,4,5,7,8 and agency has made several 9 may be retained as it is. It is submissions for no existence of recommended that the user agency should wildlife and exotic vegetation comply with these conditions. presently in those area and submitted technical justification for the crucial need of 100ha. for their development proposal.
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User agency has requested GOG to resurvey the area for the same. In the meantime after the FAC meeting dated 20th July MOEF, New Delhi also instructed to APCCF, Regional Office, Western Region,Bhopal for site inspection to verify the recommendation of GOG. Site inspection was carried out by APCCF, RO along with APCCF (Land) GOG and CCF Kutch on 26th Sep 2016. Report for the same was submitted to MOEF, New Delhi. In the meantime State Government has forwarded the proposal for diversion of entire 1576.81ha.of forest land including 100ha.to MOEF, New Delhi on 01.12.2017after above actions. Hence the condition related to recommendation of Chief Wildlife warden Gujarat sent vide No. WLP/663 /32 /B/ 1778- 79/2014 dated 30.5.2014 are now not applicable as the status mentioned therein are no more in existence presently with respect to wildlife and exotic vegetation and therefore this condition requires to be deleted referring to the latest report Dated 26-09- 2016 which is attached herewith for ready reference. (9) The Compensatory User agency has been agreed No comments needed. Afforestation land shall be upon this condition. surveyed at the cost of User Agency and erect pillars and barbed wire fencing or trench under the consultation of CCF, Kutch Circle. (10) Compensatory User agency has been agreed As per resolution of GoG dated afforestation shall be upon this condition. 12/06/2015 (Pg. 1241-1243/c) certain raised over identified non additional conditions are stipulated for forest land equivalent to user agencies beyond regular standard the diverted forest land at conditions as per the chapter 5 of FCA least 1000 plants per handbook like processing fees, hectare (1552.81 hectares registration fees, additional x 1000 = 1552810 plants) compensatory Afforestation land, shall be planted with additional NPV and CA Expense on provision for ten years on additional CA land. subsequent maintenance.
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(11) 25% of revised CA cost User agency has been agreed No comments needed. will be deposited extra by upon this condition. the user agency for soil and moisture conservation (SMC) activities on the CA land. (12) Complete compliance of User agency has been agreed No comments needed. Forest Right Act 2006 to upon this condition. be done for the 1576.81 ha of forest land by the State Government (13) To provide protection to Same as condition no (8). Same as described for point (8) above the existing wildlife a patch of natural forest in Luni to Harmiramora village shall be kept as green belt without carrying out any activities in that area as recommended by the CCF Kutch Circle vide letter dated 15.5.2014 to PCCF Wildlife Gujarat. The recommendation of the Chief wildlife warden Gujarat sent vide No. WLP/663/32/B/1778- 79/2014 dated 30.5.2014 must be complied. (14) The state Government will The land admeasuring 122ha. in The FAC.s recommendation of inform about the status of village Jarpara and 683ha.of deduction of 122 ha.will be applicable the land admeasuring 122 land belonging to GMB are not only if 122 ha. land in village Jarpara is ha. in village jarapara and transferred to APSEZL.The transferred by State Government to 683ha. of land belonging FAC’s recommendation of APSEZL.As per the report of state to GMB has been deduction of 122ha. will be revenue department total 836.888 ha. land transferred to APSEZL. applicable only if 122 ha land in has been transferred to APSEZ for This area need to be village Jarpara is transferred by notified SEZ area in form of sale in deducted from the State Government to APSEZL village Jarapara (Pg.1246/c). In this proposed forest land as an additional area. The report it is not clear that the 122.00 ha. diversion as recommended 683ha.of land will never be Land is part of above 836.888 ha. Area by the State Government. transferred to APSEZ. It will be of land. The same will be clarified given to APSEZ only on lease before final approval. At present the rental basis valid till concession condition may be retained. period. Therefore the said As per user agency claim that the 683 ha. condition is required to be of land will never be transferred to deleted. APSEZ as it is belonging to GMB. The user agency has also claimed that the 683 ha of land has been given to the user agency on lease by GMB till FY-2031. GMB is yet to clarify the matter. Moreover, user agency has given undertaking (pg. 1247-1248/c) that if any controversy regarding this land occurs, they undertake that they will reduce the same area from their
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proposal before final allotment. At present the condition may be retained. The map of Entire SEZ notified area, GMB land leased to APSEZ, 683 ha. reclaimed land, 2008.41 ha. previously diverted forest area in the year 2009 and applied forest land area 1576.81 ha. area is attached herewith (pg. 1249/c). (15) State govt. will provide the The land diversion to APSEZ is The terms and conditions will be in terms and conditions on for SEZ purpose which does not consonance with the provisions of the which the forest is have any period attached to it FCA and fulfilment of all the conditions proposed to be transferred and therefore the forest land stipulated their in. The User Agency is on lease to the user cannot have any time frame as also required to fulfil additional agency. The details of well. It can have time frame only conditions stipulated by the State lease period, terms if the principal project has some Government. User agency supposed to conditions and time frame. So this condition of strictly adhere to the provisions of consideration, if any, may lease period, terms, condition FCA,1980. be provided. will not applicable for this diversion. (16) All other conditions User agency has been agreed User Agency had furnished the bank imposed in the approval upon this condition. guarantee towards the estimated cost of granted for diversion of fencing 3770 ha Great Indian Bustard 2008.41 ha (GIB) area in Abdasa Taluka at the rate (1840ha+168.41ha) forest prevailing in the year 2008-09. However, land on 30.09.2009 shall the said land had been allotted only in the be complied. year 2017. Hence, the User Agency should bear the actual cost of fencing the area.
20. It is also informed by the State Govt. that the name of project is APSEZ [Adani Ports and Special Economic Zone Limited (APSEZL)] instead of MPSEZ Mundra Ports and Special Economic Zone Limited (MPSEZL)] and the same may be reflected in the report of Government of India. It is observed that the name of the project proponent has been changed from MPSEZL to APSEZL(pg. 1250/c). It is proposed that the facts of the above proposal may be placed before the FAC in its forthcoming meeting scheduled to be held in 30th August, 2018 for its examination and appropriate recommendations. ****
Agenda No. 2 F. No. 8-20/2018-FC Sub: Proposal for diversion of 79.912 ha. of Forest Land for construction of Kaith Medium Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State.-regarding.
1. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, the Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/83/2017/10-11/12/840 Bhopal dated 20.03.2018 (Pg. 1-213/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 79.912 ha. of Forest Land for construction of Kaith Medium Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State. 2. After preliminary scrutiny the proposal the Ministry revealed the following shortcomings: (i) The State Government / User Agency have not submitted a copy of approved Catchment Area Treatment (CAT) Plan with the estimated cost of the plan. (ii) The recommendation of the Principal Secretary (Forests) has not been submitted in original with official seal and the same is required to be uploaded on the forest clearance web portal in respect of said project.
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(iii) The user agency has not provided the shape file/KML of the CA for plantation and boundary of proposed forest. (iv) The purpose wise breakup of the forest land proposal for diversion has not been given. (v) The user agency has not submitted undertakings to bear the cost of CA & NPV 3. The above shortcomings were communicated to the State Government of Madhya Pradesh vide this Ministry’s letter dated 05th April, 2018 (Pg. 118/c). The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, the Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/83/2017/10- 11/12/2155 Bhopal dated 19.07.2018 (Pg. 119-213/c) has been submitted the information / documents in respect of this Ministry’s letter dated 05.04.2018 and the same is placed in the file at (Pg. 119-213/c). 4. Details indicated in the proposal submitted by the Government of Madhya Pradesh dated 20.03.2018 are as below: FACT SHEET
Name of the Proposal Proposal for diversion of 79.912 ha. of Forest Land for construction of Kaith Medium 1. Irrigation Project in favour of Water Resources Department, Sagar District Madhya Pradesh State. 2. Location: (i) State Madhya Pradesh. (ii) District Sagar. (iii) Category Irrigation. Total period for which the forest land is 100 (iv) proposed to be diverted (in year). 3. Detail of user agency (i) Name of the user agency Water Resources Department. (ii) Nature of user agency State Government. 4. Particular of Forests (i) Name of Forest Division Sagar South (T) (ii) Area of Forest land for Diversion 79.912 Ha. (iii) Legal Status of Forest land Protected Forest = 79.912 Ha. (iv) Density of Vegetation Area = 79.912 Ha. Density = 0.3 Eco class = 3 5. Maps i. Differential GPS map of the area proposed Not given. 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 Not given. showing the area proposed for diversion
iv. Survey of India toposheet on 1:50,000 scale (Pg. 179/c). showing the area identified for CA v. Land use plan Not given. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Details of Species – wise and diameter class wise enumeration of trees. enumeration of trees are available in the file and the same is available at (Pg. 71-81/C). ii. Density 0.3 iii. Number of trees to be felled 318 As reported by the State Government. iv. Working plan prescription for the forest -Nil- land proposed for diversion.
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7. Vulnerability of area to soil erosion No soil erosion. 8. Details of wildlife present in and around the Neel Gaay, Cheetal Mor. forest land proposed for diversion; 9. Approximate distance of proposed site for diversion from boundary of forest. -0- 10. 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 Chief Wildlife Warden -No- to be annexed) 11. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -No- thereof. 12. 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 -No- authority, if required. 13. 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 examined. -Yes- 14. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. Whether work in -No- violation is still under progress. 15. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest The Compensatory Afforestation proposed is non – area identified for compensatory forest land (Revenue land) i.e. 79.912 ha. of non- Afforestation, its distance from adjoining forest land (Revenue land) for plantation in Sagar forest, number of patches, size of each district village Daraia State of Madhya Pradesh. The patch. CA scheme with the provisions of the maintenance ii. Map showing non-forest/ degraded forest for 10 years has been submitted and a copy of the area identified for compensatory same is available in the at page 83-104/c. Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation (Pg. 179/c) scheme including species to be planted, District – Sagar implementing Agency, time schedule, cost Area – 79.912 ha. structure etc. Village – Daraia Compartment /Khasra No. – 413
iv. Total financial outlay for compensatory Rs. 263.7 lakhs Afforestation scheme. v. 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 copy of the same is available in the and management point of view. To be signed the same is available at (Pg. 82/c). by the concerned Deputy Conservatory of Forests. It is reported by the DFO, Sagar, Government of Madhya Pradesh “In recent Site Inspection on 27.912 ha of land was found to be encroached but SDM Sagar has certified that it will be evicted. 16. Documentary evidence in support of settlement The District Collector, Khandwa, Government of of rights in accordance with the provisions of the Madhya Pradesh has issued a FRA certificate vide his Scheduled Tribes and Other Traditional Forest letter No. 1459 dated 11.10.2017 certifying the Dwellers (Recognition of Forest Rights) Act, information in respect of all clauses of the MoEF’s
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2006 on the forest land proposed to be diverted advisory dated 05.07.2013 (Pg. 49/c) i.e. diversion of enclosed. 79.912 ha. forest land 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) of Gram panchayat Bansiya & Narayanpur (S) in Sagar Tehsil. 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. 47-58/c). 17. Site Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Officer in compliance to the conditions Divisional Forest Officer, South Sagar, Madhya stipulated in the col. 7 (xi, xii) 8 and 9 previous Pradesh, copy of the same may kindly be seen at (Pg. approval. 105-106/c). It is noticed by the DFO Sagar, the 27.912 ha. is encroached but SDM Sagar has produced thus it will be evicted before CA work. 18. Whether the project requires environment Yes and the same are under process. clearance. However, EC has not been obtained by the State Government / user agency under the Environment (Protection) Act, 1986. 19. Status of Wildlife clearance. Not applicable.
However, the State Government has also reported that the Neel Gaay, and Chital are seen in adjoining forest areas. 20. Catchment Area Treatment Plan. The Catchment Area Treatment plan with estimated cost has been given and the copy of the same is placed in the file at (Pg. 121-175/c). 21. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 5135 Ha. 22. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 23. Cost Benefit Analysis Cost benefit ratio of project is 1.68 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg. 34-38/c). 24. Total Cost of the project Rupees 16247/- Lakhs it is reported by the State Government. 25. Employment Potential Regular Employment = 50 Temporary Employment = 100 26. Undertakings to bear the cost of CA and NPV The User Agency has given the under taking to bear the cost of NPV / CA (Pg. 198-199/c). 27. Profile of the District / Department / Sagar Division. Geographical Area of the Dist. 1041334 Ha. Total Forest Area 291825 Ha. Total area diverted since 1980 Area 147.349 ha. Number of case - 13 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 68.42 ha. Non-forest land ---- ha Total area afforested since 31.12.2017 Degraded forest land ---- ha 107 | P a g e
Forest land 68.42 ha. Non-forest land 62.490 ha. 28. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 114/c ) CF Recommended. (at page no. 115/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 116/c ) State Govt. Recommended. (at page no. 176/c ) 5. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, Forest (Conservation) Act, 1980, State Government of Madhya Pradesh vide its letter dated 21.03.2018 submitted following additional information pertaining to the proposal: (i) Purpose wise breakup of forest land proposed for diversion has been given by the State Government / project proponent. (ii) The proposed area is not a part of protected area. Proposed area is at 26 kms from the Nauradehi Wild Life Sanctuary. (iii) The Kaith Medium Irrigation project is of great importance from National point of view and also for development of agriculture and drinking water including generation of employment to those living in close vicinity of the project. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 3
F. No. 8-52/2018-FC Sub: Diversion of 41.05 ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head- Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana - regarding. The Principal Chief Conservator of Forests, Government of Haryana vide their letter No. Admin-D-3-8305/1534 Panchkula dated 20.07.2018 forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 41.05 ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head-Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana. The facts related to the proposal as contained in the State Government’s letter dated 20.07.2018 are given below in the form of fact sheet:
1. Name of the Proposal Diversion of 41.05 ha of forest land closed under section 4 & 5 of PLPA 1900 in favour of Head-Administration, translation Health Science and Technology Institute, NCR Biotech Science Cluster, Faridabad for setting up of Translation Research Teaching and training in Biotechnology & Animal Research Laboratory alomg Gurugram-faridabad road, at village Bhankri under forest division and district Faridabad, Haryana.
2. Location: State Haryana. Districts Faridabad. Category Others.
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Total period for which the forest land is proposed 99 to be diverted (in year). 3. Detail of user agency Name of the user agency National Capital Region Biotech Science Cluster. Nature of user agency State Government. 4. Particular of Forests Name of Forest Division Faridabad Forest Division. Area of Forest land for Diversion 41.05 Ha. Legal Status of Forest land Not Given Density of Vegetation Not Given
5. Maps i. Differential GPS map of the area proposed for Not Given. diversion ii. Differential GPS map of the area identified for Not Given. raising CA iii. Survey of India toposheet on 1:50,000 scale Not Given. showing the area proposed for diversion
iv. Survey of India toposheet on 1:50,000 scale (Pg. 75A-75G/c). showing the area identified for CA v. Land use plan Given at page 41-42/c. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Not applicable enumeration of trees.
ii. Density iii. Number of trees to be felled iv. Working plan prescription for the forest land proposed for diversion. 7. Vulnerability of area to soil erosion Area is not vulnerable from erosion point of view. 8. Details of wildlife present in and around the forest NA 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, -No- 1972 (Note: In 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 the Chief Wildlife Warden to be -No- annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -No- 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 NOC from competent authority, if -No- 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,
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recommended area item-wise with details of alternatives examined. -Yes- 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. Whether work in violation is still -No- under progress. 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest The Compensatory Afforestation proposed is double area identified for compensatory degraded forest land i.e. 96.618 ha. of double degraded forest Afforestation, its distance from adjoining land for plantation in Mahendergarh district. The CA scheme forest, number of patches, size of each patch. with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page 63-73/c. ii. Map showing non-forest/ double degraded However, the DSS analysis found 240.5653 ha under CA. forest area identified for compensatory Afforestation and adjoining forest ((Pg. 75A-75G/c) boundaries. iii. Detailed compensatory Afforestation scheme District – Mahendergarh including species to be planted, Area – 82.10 ha, 14.518 ha. implementing Agency, time schedule, cost structure etc. Compartment
iv. Total financial outlay for compensatory Rs. 9,77,20,662.00 Afforestation scheme. v. Certificate from competent authority The Certificate from competent authority regarding regarding suitability of area identified for suitability of area identified for Compensatory Afforestation compensatory Afforestation and from copy of the same is available and the same is available at (Pg. management point of view. To be signed by 77 /c). the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of settlement of Documentary evidences in support of settlements of rights rights in accordance with the provisions of the under the Scheduled Tribe and Other Traditional Forest Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not Dwellers (Recognition of Forest Rights) Act, 2006 submitted by the State Government. on the forest land proposed to be diverted enclosed. 18. Site Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Divisional Officer. Forest Officer, Gurugram, Haryana, copy of the same may kindly be seen at (Pg. 65/c). 19. Whether the project requires environment No, as reported by user agency. clearance. 20. Status of Wildlife clearance. Not applicable 21. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 22. Cost Benefit Analysis Not applicable 23. Total Cost of the project Rupees 50,000.00 lakh 24. Employment Potential Regular Employment = 100 Temporary Employment = 250 25. Undertakings to bear the cost of CA and NPV Given at page 59 and 61. 26. Profile of the District / Department / Damoh Division. Geographical Area of the Dist. 210500.00 Ha. Total Forest Area 4605.00 Ha. Total area diverted since 1980 Area 328.00 ha. Number of case - 154 Total area proposed for afforested since 1980 61.48 ha Degraded forest land ---- ha Penal CA over Forest land ------ha. 110 | P a g e
Non-forest land 44.50 ha Total area afforested since 29.05.2017 Degraded forest land ---- ha Forest land ---- ha. Non-forest land -----ha. 27. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 27-31/c ) CF Recommended. (at page no. 33/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 35/c ) State Govt. Recommended. (at page no. 37/c ) Observation: (i) The CA land proposed by the user agency was found to be 96.618 ha whereas; a total of 240.5653 ha was reported as per the DSS analysis. The reason must be cleared from user agency. (ii) The detailed and comprehensive Compensatory Afforestation Scheme is not provided by the user agency. (iii) They have said that, they will invest 30% of total CA for soil and moisture conservation, whereas no such Soil and Water conservation plan is submitted by the user agency. (iv) It was observed by the DFO that 1153 trees and 7259 saplings are present in the area. It was not mentioned by the user agency that whether there any felling of trees are involved or not. If the accordingly the cost benefit ratio must be given by the user agency. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 4
F. No. 8-40/2018-FC Sub: Proposal for diversion of 252.754 ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt. of Madhya Pradesh-reg. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/53/2016/10-11/5/1591 Bhopal dated 02.06.2018 forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 252.754 ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt of Madhya Pradesh . The facts related to the proposal as contained in the State Government’s letter dated 02.06.2018 and Site Inspection Report dated 02.08.2018 are given below in the form of fact sheet: Fact Sheet
1. Name of the Proposal Diversion of 252.754 ha of forest land for in favour of water resource department for construction of Judi Medium Irrigation project under the Chhattarpur and Damoh district in the State Govt of Madhya Pradesh.
2. Location: State Madhya Pradesh. Districts Chhatarpur & Damoh. Category Irrigation. Total period for which the forest land is proposed to be 99 diverted (in year). 3. Detail of user agency Name of the user agency Water Resources Department. Nature of user agency State Government.
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4. Particular of Forests Name of Forest Division Chhatarpur (T), Damoh (T) Area of Forest land for Diversion 252.754 Ha. Legal Status of Forest land Reserved Forest = 90.847 ha. Protected Forest=113.465 ha. Revenue Forest=48.442 ha Density of Vegetation Area = 252.754 Ha. Density = 0.2- 0.6 Eco class = 1 5. Maps i. Differential GPS map of the area proposed for Not Given. diversion ii. Differential GPS map of the area identified for Not Given. raising CA iii. Survey of India toposheet on 1:50,000 scale Not Given. showing the area proposed for diversion
iv. Survey of India toposheet on 1:50,000 scale (Pg. 69-70/c). showing the area identified for CA v. Land use plan Not given. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Details of Species wise and diameter class wise enumeration of trees. enumeration of trees are available in the file and the same is available at (Pg. 129-158/C). ii. Density 0.4 iii. Number of trees to be felled FRL = 10,559 FRL-2=0 FRL-4=0
Total no. of 10,559 trees felled in proposed forest area. iv. Working plan prescription for the forest land proposed for diversion. RDF 7. Vulnerability of area to soil erosion Area is not vulnerable from erosion point of view. 8. Details of wildlife present in and around the forest land In applied area there is some wild animal habitat like proposed for diversion; animal Monkey, Jackal, Blue Bull, Commom Langur, Striped Hyaena, Sloth Beer, Sambhar, Barking Deer, Wild Dog, Common Indian Hare, Wild Boar, Indian Gozelle etc. 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, -No- 1972 (Note: In 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 the Chief Wildlife Warden to be -No- annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details thereof. -No- 13. Whether any protected archaeological/ heritage site/ defence establishment or any other important monument is located in the area. If so, the details -No-
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thereof with 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 examined. -Yes- 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. Whether work in violation is still under -No- progress. 16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest area The Compensatory Afforestation proposed is non forest identified for compensatory Afforestation, its land i.e. 113.466 ha. of non-forest land for plantation in distance from adjoining forest, number of patches, Chhatarpur district village Kasera. The CA scheme with size of each patch. the provisions of the maintenance for 10 years has been ii. Map showing non-forest/ degraded forest area submitted and a copy of the same is available at page 167- identified for compensatory Afforestation and 190/c. adjoining forest boundaries. The Compensatory Afforestation proposed is non forest iii. Detailed compensatory Afforestation scheme land i.e. 97.42 ha. of non-forest land for plantation in including species to be planted, implementing Damoh district village Sakari. The CA scheme with the Agency, time schedule, cost structure etc. provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page 191- 206/c. The Compensatory Afforestation proposed is non forest land i.e. 42.137 ha. of non-forest land for plantation in Damoh district village Sakari. The CA scheme with the provisions of the maintenance for 10 years has been submitted and a copy of the same is available at page 219- 239/c.
(Pg. 69-70/c)
District – Chhartpur, Damoh Area – 113.466 ha, 97.42 ha, 42.137 ha. Village – Kasera, Sakari. Compartment No. – P 236, 237, 238, 239,240; RF5, RF8, RF9, RF12 iv. Total financial outlay for compensatory Rs. 10,98,99,337.00 Afforestation scheme. v. Certificate from competent authority regarding The Certificate from competent authority regarding suitability of area identified for compensatory suitability of area identified for Compensatory Afforestation and from management point of Afforestation copy of the same is available and the same view. To be signed by the concerned Deputy is available at (Pg. 164 /c). Conservatory of Forests. 17. Documentary evidence in support of settlement of Documentary evidences in support of settlements of rights in accordance with the provisions of the rights under the Scheduled Tribe and Other Scheduled Tribes and Other Traditional Forest Traditional Forest Dwellers (Recognition of Forest Dwellers (Recognition of Forest Rights) Act, 2006 on Rights) Act, 2006 has not submitted by the State the forest land proposed to be diverted enclosed. Government. 18. Site Inspection Report of the Divisional Forest Officer. The Site Inspection Report carried out by the Divisional Forest Officer, Damoh, Madhya Pradesh, copy of the same may kindly be seen at (Pg. 207-214/c). 19. Whether the project requires environment clearance. Yes, and the same is under process. 20. Status of Wildlife clearance. The State Government has reported that the animal Monkey, Jackal, Blue Bull, Commom Langur, Striped Hyaena, Sloth Beer, Sambhar, Barking Deer, Wild Dog,
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Common Indian Hare, Wild Boar, Indian Gozelle are seen in adjoining forest areas. However, the wild life clearance is required before Stage-II approval. 21. Catchment Area Treatment Plan The Draft CAT plan is seen at (Page 71-115/c). However, the approval of CAT plan is under process. 22. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 8500 Ha. 23. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 24. Cost Benefit Analysis Cost benefit ratio of project is 1.56 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg. 56- 57/c). 25. Total Cost of the project Rupees 24024.16 Crore it is reported by the State Government. 26. Employment Potential Regular Employment = 125 Temporary Employment = 300 27. Undertakings to bear the cost of CA and NPV Not Given. 28. Profile of the District / Department / Damoh Division. Geographical Area of the Dist. 693532.00 Ha. Total Forest Area 272827.80 Ha. Total area diverted since 1980 Area 777.126 ha. Number of case - 24 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 598.55 ha. Non-forest land ---- ha Total area afforested since 24.10.2016 Degraded forest land ---- ha Forest land 598.55 ha. Non-forest land 843.446 ha. 29. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 215-216/c ) CF Recommended. (at page no. 217-218/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 240/c ) State Govt. Recommended. (at page no. 241/c )
SITE INSPECTION REPORT
DIVERSION OF 252.754 HA OF FOREST LAND FOR IN FAVOUR OF WATRE RESOURCE DEPARTMENT FOR CONSTRUCTION OF JUDI MEDIUM IRRIGATION PROJECT UNDER THE CHHATTARPUR AND DAMOH DISTRICT IN THE STATE GOVT OF MADHYA PRADESH.
Officers present during site inspection:-
1. Shri B. Abhay Bhaskar, DCF(C), R.O. Bhopal 2. Field staff of Forest Department & WRD, Govt. of Madhya Pradesh.
Date of Inspection: 31.07.2018
1. Legal Status of Forest land proposed for diversion. 1) Reserved Forests - 139.289 ha 2) Revenue Forests - 113.465 ha 3) Non-forest land - Not submitted.
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Component wise breakup Sl . No Component Forest Land (ha.) 1 Approach road 2.123 2 RBC Pressure piped Canal and road 22.515 3 Dam seat and spill channel 9.293 4 Submergence, dam seat , building, Spill channel 218.822
2. How the land proposed for diversion is to be utilized? : Storage of water for irrigation project and other utilities.
3. Whether the proposal involves any construction of buildings (including residential): Yes.
4. Total cost of Project. : Rs. 24024.16 crore.
5. Wild Life:
Whether the forest area proposed for diversion is important from wildlife point of view or not : Proposal is not a part of any protected area.
6. Aerial distance from the nearest boundary of any protected area : beyond 10 km of any protected area.
7. Vegetation :
a. Trees to be felled : 10,559 nos. are marked.
(0- S. (31-60) (61-90) (91-120) (121-150) Level 30) (>150)cm. No. cm. cm. cm. cm. cm. 1 FRL 4979 6361 1662 1570 620 346 2 FRL-2 NIL 3 FRL-4 NIL
b. Effect of removal on the general ecosystem in the area: the irrigation project.
As per Part-II, Canopy Density is 0.2 to 0.6 and Ecoclass-1 to 5. The vegetation of area contains Tectona grandis, Azadiracta indica, Terminalia species etc were observed. The forest is having teak as major species in some location and mixed forest. During site inspection the similar situations were observed.
8. Background note of the proposal: The project is located on Judi river with catchment area of 141.10 sq. km. The project is medium irrigation project with command area of 8500 ha over. The project will bring command area under double and triple cropping patter which will bring the uplifting of peoples.
9. Compensatory Afforestation : Applicable, non-forest land = 253.023 ha.
Whether land proposed / selected for C.A. is suitable A Yes for plantation and management point of view? Whether land for C.A. is free from encroachment of B Yes other encumbrances? Whether land for C.A. is important from religious or C No archeological point of view?
Three (3) patches Patch Wise Details Sl. District Area Village Khasra Land identified for raising C.A. is in how many no Name (ha.) D patches? Whether patches area compact or not? 1 Chhatarp kasera 113.466 26 ur 2 Damoh sakari 97.42 91 3 Damoh sakari 42.137 85/4
E Maps with details Yes 115 | P a g e
C.A. area should be clearly shown on the map, F patches wise and their contiguity to the forest area, Yes etc. E Total financial outlay of 10 years CA programme Rs 10,98,99,337.00
10. Whether proposal involves violation of Forest (Conservation) Act ? : No.
11. Whether the proposal involves rehabilitation of displaced people? : No.
12. Reclamation Plan, details and Financial Allocation : Not applicable.
13. Details of the catchment and command area under the project, CAT plan to prevent siltation of reservoir. : Submitted
14. Cost benefit ratio : 1:1.56
15. Utility of project: for water storage and irrigation in command area.
16. Number of Scheduled Case and Scheduled Tribe involved in the Project: Nil.
17. Compliance of FRA 2006-DC Certificate: Submitted.
18. Whether the land being diverted has any socio-cultural / religious value: No.
19. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No
20. Recommendation of Nodal officer and the State government: a. The Nodal officer – recommended. b. The State Government –recommended.
21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP.
22. Observations:
The site inspection was carried out on 31.07.2018 at PF 236, 237, 238, 239 & 240 and RF 08 The proposal will bring 6100 ha area under irrigation.
1. The non forest land provided for the CA in Damoh district (inspected) was found suitable and need to be fenced by mechanical or vegetative method immediately, as there are chances that land may get encroached.
2. Recommendations of APCCF(C), R.O., Bhopal :
In view of the details mentioned in the site inspection report of Dy. Conservator of Forest (C), undersigned recommends the proposal for the for diversion of 252.754 ha of forest land for in favour of Water Resource Department for construction of Judi Medium Irrigation Project under the Chhattarpur and Damoh district in the State Govt. of Madhya Pradesh under Forest (Conservation) Act, 1980 with above specific condition.
In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 5 F. No. 8-34/2018-FC Sub: Proposal for diversion of 148.75 ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. -reg. 116 | P a g e
The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-3/103/2017/10-11/10/1138 Bhopal dated 23.04.2018 forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 148.75 ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. The facts related to the proposal as contained in the State Government’s letter dated 23.04.2018 and Site Inspection Report dated 25.07.2018 are given below in the form of fact sheet003A
1. Name of the Proposal Proposal for diversion of 148.75 ha of Forest Land in favour of Water Resources Department, Khandwa for construction of Bham (Rajgarh) Medium Lift Irrigation Project, in Khandwa district in State of Madhya Pradesh. 2. Location: State Madhya Pradesh. District Khandwa. Category Irrigation. Total period for which the forest land is proposed 100 to be diverted (in year). 3. Detail of user agency Name of the user agency Water Resources Department. Nature of user agency State Government. 4. Particular of Forests Name of Forest Division Khandwa (T) Area of Forest land for Diversion 148.75 Ha. Legal Status of Forest land Reserved Forest = 101.00 ha Non-forest land =695.49 ha Revenue Forest=47.75 ha Density of Vegetation Area = 148.75 Ha. Density = 0.5 Eco class = 3 5. Maps i. Differential GPS map of the area proposed (Pg. 17-20/c).. for diversion ii. Differential GPS map of the area identified for (Pg. 142/c).. raising CA iii. Survey of India toposheet on 1:50,000 scale (Pg. 137/c).. showing the area proposed for diversion
iv. Survey of India toposheet on 1:50,000 scale (Pg. 143/c). showing the area identified for CA v. Land use plan Not given. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Details of Species wise and diameter class wise enumeration of trees. enumeration of trees are available in the file and the same is available at (Pg. 120-123/C). ii. Density 0.5 iii. Number of trees to be felled FRL = 5737 FRL-2=4933 FRL-4=3539
Total number of 14.209 trees are felled.
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iv. Working plan prescription for the forest land Selection cum improvement working circle. proposed for diversion. 7. Vulnerability of area to soil erosion No. 8. Details of wildlife present in and around the forest Nilgai, Jackal spotted deer. 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, -No- 1972 (Note: In 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 the Chief Wildlife Warden to be -No- annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -No- 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 NOC from competent authority, if -No- 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 examined. -Yes- 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the same including period of work done, action taken on erring officials. Whether work in violation is still -No- under progress.
16. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded forest The Compensatory Afforestation proposed is non- area identified for compensatory forest land i.e. 148.75 ha. of non-forest land for Afforestation, its distance from adjoining plantation in Khandwa district village Surgaon forest, number of patches, size of each nipani. The CA scheme with the provisions of the patch. maintenance for 10 years has been submitted and a copy of the same is available at page 101-111/c. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest (Pg. 69-70/c) boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, District – Khandwa implementing Agency, time schedule, cost Area – 148.75 structure etc. Village – Surgaon nipani. Compartment No. – 13,20,31,32,33,34,35,50,51,52. iv. Total financial outlay for compensatory Rs 4,75,91,438.00 Afforestation scheme. v. 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 copy of the same is available in the and management point of view. To be signed by the same is available at (Pg. 96/c).
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the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of settlement of The District Collector, Khandwa, Government of rights in accordance with the provisions of the Madhya Pradesh has issued a FRA certificate vide his Scheduled Tribes and Other Traditional Forest letter No. 10080 dated 10.10.2017. certifying the Dwellers (Recognition of Forest Rights) Act, information in respect of all clauses of the MoEF’s 2006 on the forest land proposed to be diverted advisory dated 05.07.2013 i.e. diversion of 148.75 ha. enclosed. forest land 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) of Parna Village Jabera Tehsil. Documentary evidences in support of complete settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not submitted by the State Government. The same is required before Stage-II approval (Pg. 36-69/c) 18. Site Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Officer . Divisional Forest Officer, Khandwa, Madhya Pradesh, copy of the same may kindly be seen at (Pg. 89-90/c). 19. Whether the project requires environment Yes, EC application yet to be submitted, copy of the clearance. same may kindly be seen at (Pg. 9/c). 20. Status of Wildlife clearance. Not applicable. 21. Catchment Area Treatment Plan The CAT plan is not submitted by the user agency.
22. Total command area of the project It is reported by the State Government of Madhya Pradesh the Command area of 6100 Ha. 23. Rehabilitation of Oustee Yes, 44 families are going to be displaced. However Number of SC Families R&R plan is required before Stage-II approval. Number of ST families Number of Backward Families Copies of R&R Plan 24. Cost Benefit Analysis Cost benefit ratio of project is 1.67 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg. 27-30/c). 25. Total Cost of the project Rupees 22811/- Lakhs it is reported by the State Government. 26. Employment Potential Regular Employment = 3100 Temporary Employment = 325000 27. Undertakings to bear the cost of CA and NPV Not Given. 28. Profile of the District / Department Geographical Area of the Dist. 759308 Ha. Total Forest Area 283723.8 Ha. Total area diverted since 1980 Area 38568.803 ha. Number of case - 35 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 648.369 ha. Non-forest land ---- ha Total area afforested since 24.10.2016 Degraded forest land ---- ha Forest land 598.55 ha. Non-forest land 843.446 ha.
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29. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 164/c ) CF Recommended. (at page no. 165/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 154/c ) State Govt. Recommended. (at page no. 155/c )
SITE INSPECTION REPORT ON PROPOSAL FOR DIVERSION OF 148.75 HA OF FOREST LAND FOR CONSTRUCTION BHAM (RAJGARH) MEDIUM LIFT IRRIGATION SCHEME IN FAVOUR OF WATER RESOURCE DEPARTMENT, KHANDWA DISTRICT, GOVT. OF MADHYA PRADESH.
Officers present during site inspection:-
1. Shri B. Abhay Bhaskar, DCF(C), R.O. Bhopal 2. Field staff of Forest Department & WRD, Govt. of Madhya Pradesh.
Date of Inspection: 19.07.2018
1. Legal Status of Forest land proposed for diversion. 1) Reserved Forests - 101.00 ha 2) Revenue Forests - 47.75 ha 3) Non-forest land - 695.49 ha Breakup of land - Forest land required for submergence only.
2. How the land proposed for diversion is to be utilized? : Storage of water for irrigation project.
3. Whether the proposal involves any construction of buildings (including residential): No.
4. Total cost of Project. : Rs. 228.11 crore.
5. Wild Life:
Whether the forest area proposed for diversion is important from wildlife point of view or not : Proposal is not a part of any protected area.
6. Aerial distance from the nearest boundary of any protected area : beyond 10 km of any protected area.
7. Vegetation :
a. Trees to be felled : 14,209 nos. are marked.
No. of trees No. of trees at No. of trees Total No. Girth class at FRL level FRL -2 at FRL -4 of trees Below 60 2579 2208 1591 6378 Above 60 3158 2725 1948 7831 *There is an ambiguity in no. of trees marked for felling between SIR of DFO and forwarding of APCCF(LM) may be reconciled.
b. Effect of removal on the general ecosystem in the area: the irrigation project.
As per Part-II, Canopy Density is 0.5 and ecoclass-3. The vegetation of area contains Tectona grandis, Azadiracta indica, Acacia arabica, Terminalia species etc were observed. The forest is having teak as major species. During site inspection the similar situations were observed.
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8. Background note of the proposal:
The project is located on bham river with catchment area of 193,459 sq. km. The project is medium irrigation project with command area of 6100 ha over. The project will bring command area under double and triple cropping patter which will bring the uplifting of peoples.
9. Compensatory Afforestation : Applicable, non-forest land = 148.75ha.
Whether land proposed / selected for C.A. is suitable A for plantation and management point of view? Yes
Whether land for C.A. is free from encroachment of B Yes other encumbrances? Whether land for C.A. is important from religious or C No archeological point of view? One patches (Village : Surgaon nipani, Land identified for raising C.A. is in how many D Khandwa, Khasara. No. 13,20,31,32,33, patches? Whether patches area compact or not? 34,35,50,51,52) E Maps with details Yes C.A. area should be clearly shown on the map, patches F Yes wise and their contiguity to the forest area, etc. E Total financial outlay of 10 years CA programme Rs 4,75,91,438.00
10. Whether proposal involves violation of Forest (Conservation) Act ? : No , as per Part-II (DCF report).
11. Whether the proposal involves rehabilitation of displaced people? : Yes, 44 families are going to be displaced.
12. Reclamation Plan : details and Financial Allocation : Required.
13. Details of the catchment and command area under the project, CAT plan to prevent siltation of reservoir. a. Catchment area : 193,459 sq. km b. Command area : 6100 ha c. CAT plan : Not Submitted. 14. Cost benefit ratio : 1:1.67
15. UTILITY of project: for water storage and irrigation in command area.
16. Number of Scheduled Case and Scheduled Tribe involved in the Project: Nil.
17. Compliance of FRA 2006-DC Certificate: Submitted.
18. Whether the land being diverted has any socio-cultural / religious value : No.
19. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No
20. Recommendation of Nodal officer and the State government: a. The Nodal officer – recommended. b. The State Government –recommended.
21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP.
22. Observations: The site inspection was carried out on 19.07.2018 at RF 760 and RF 764. The proposal will bring 6100 ha area under irrigation. 1. The rights of the peoples allotted under FRA, 2006 shall be settled by following due procedure prescribed under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, whichever applicable. 2. The R&R plan for 44 families as pointed out by Forest Department needs to be submitted. 3. The CAT plan needs to be submitted. 121 | P a g e
4. There is an ambiguity in no. of trees marked for felling between SIR of DFO and forwarding of APCCF(LM) may be reconciled.
23. Recommendations of APCCF(C), R.O., Bhopal :
In view of the details mentioned in the site inspection report of Dy. Conservator of Forest (C), undersigned recommends the proposal for the for diversion of 148.75 ha of Forest Land for Construction Bham (Rajgarh) Medium Lift Irrigation Scheme in favour of Water Resource Department, Khandwa District, Govt. of Madhya Pradesh under Forest (Conservation) Act, 1980 with above specific condition. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 6
F. No. 8-06/2018-FC
Sub: Proposal for diversion of 107.816 ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh -reg. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, The Forest (Conservation) Act, 1980, Government of Madhya Pradesh vide their letter No. F-1/Fp/MP/MIN/20921/2016/10- 11/90 Bhopal dated 09.01.2018 forwarded a fresh proposal to obtain prior approval of the Central Govt. in terms of the section-2 of the Forest (Conservation) Act, 1980 for diversion of 107.816 ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh. The facts related to the proposal as contained in the State Government’s letter dated 09.01.2018 and Site Inspection Report dated 16.07.2018 are given below in the form of fact sheet:
1. Name of the Proposal Diversion of 107.816 ha of forest land for Tawa underground coal mining project in favour of M/S Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh. 2. Location: State Madhya Pradesh. Districts Betul. Category Mining. Total period for which the forest land is 30 proposed to be diverted (in year). 3. Detail of user agency Name of the user agency Western Coalfield Limited (WCL). Nature of user agency Central PSU. 4. Particular of Forests Name of Forest Division Betul North (T). Area of Forest land for Diversion 107.816 Ha. Legal Status of Forest land Reserved Forest = 107.816 ha.
Density of Vegetation Area = 107.816 Ha. Density = 0.7 Eco class = 3 5. Maps i. Differential GPS map of the area (Pg. 54/c). proposed for diversion
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ii. Differential GPS map of the area Not Given. identified for raising CA iii. Survey of India toposheet on 1:50,000 (Pg. 55-56/c). scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 (Pg. 69-70/c). scale showing the area identified for CA v. Land use plan Not given. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise NIL enumeration of trees.
ii. Density 0.7 iii. Number of trees to be felled FRL = 0 FRL-2=0 FRL-4=0
None of the trees are going to fell. iv. Working plan prescription for the forest land proposed for diversion. Yes 7. Vulnerability of area to soil erosion NIL 8. Details of wildlife present in and around the NIL 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, Proposal in not part of any protected area, but in Elephant Corridor etc. (if so, the details of the 10km radius of Satpura-Melghat Tiger Reserve area the comments of the Chief Wildlife Corridor & Pachmadhi Biosphere Reserve boundary. Warden to be annexed) 12. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, Not given in Part-II. However, no direct sighting of details thereof. wildlife during site inspection. 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 NOC from -No- 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 examined. -Yes- 15. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of Yes, the details can be seen in the file at Page 64-70/c the same including period of work done, action taken on erring officials. Whether work in violation is still under progress. 16. Details of Compensatory Afforestation Scheme:
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i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, Diversion of land is for underground mining and hence, implementing Agency, time schedule, Compensatory Scheme is not applicable. cost structure etc.
iv. Total financial outlay for compensatory Afforestation scheme. v. Certificate from competent authority regarding suitability of area identified for compensatory Afforestation and from management point of view. To be signed by the concerned Deputy Conservatory of Forests. 17. Documentary evidence in support of Documentary evidences in support of settlements of settlement of rights in accordance with the rights under the Scheduled Tribe and Other provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Traditional Forest Dwellers (Recognition of Rights) Act, 2006 has not submitted by the State Forest Rights) Act, 2006 on the forest land Government. proposed to be diverted enclosed. 18. Site Inspection Report of the Divisional The Site Inspection Report carried out by the Divisional Forest Officer. Forest Officer, North Betul, Madhya Pradesh, copy of the same may kindly be seen at (Pg 57-59/c). 19. Whether the project requires environment Yes, and the user agency has obtained environment clearance. clearance vide letter no. J-11015/30/89-IA 11(M). 20. Status of Wildlife clearance. Not Applicable 21. Rehabilitation of Oustee Number of SC Families Number of ST families -No- Number of Backward Families Copies of R&R Plan 22. Cost Benefit Analysis Cost benefit ratio of project is 1.56 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg. 56- 57/c). 23. Total Cost of the project Rupees 6727.75 lakh it is reported by the State Government. 24. Employment Potential Regular Employment = 1373 Temporary Employment = 750 25. Undertakings to bear the cost of CA and NPV Not Required. 26. Profile of the District / Department / Damoh Division. Geographical Area of the Dist. 1004300.00 Ha. Total Forest Area 404844.30 Ha. Total area diverted since 1980 Area 2211.781 ha. Number of case - 50 Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 1274.317 ha. Non-forest land ---- ha Total area afforested since 27.04.2017 Degraded forest land ---- ha Forest land 0 ha. 124 | P a g e
Non-forest land 0 ha. 27. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no. 57-59/c ) CF Recommended. (at page no. 71/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 79/c ) State Govt. Recommended. (at page no. 80/c )
SITE INSPECTION REPORT OF PROPOSAL FOR DIVERSION OF 107.816 HA OF FOREST LAND FOR TAWA UNDERGROUND COAL MINING PROJECT IN FAVOUR OF M/S MANAGER, WCL, PATHAKHEDA REGION IN BETUL DISTRICT, MADHYA PRADESH.
Title of Project as per Part-I : Post facto approval of 107.816 ha forest land for underground mining of Pathakhera Area
Date of Inspection: 12/07/2018
1. Legal Status of Forest land proposed for diversion. 1) Reserved Forests - 107.816 ha 2) Protected Forests - 00.00 ha 3) Revenue Forests - 00.00 ha 4) Non-forests - 46.492 ha
2. How the land proposed for diversion is to be utilized? : For underground coal mining project.
3. Whether the proposal involves any construction of buildings (including residential): No.
4. Total cost of Project. : Rs. 6727.75 lakhs
5. Wild Life: Not give in Part-II. No direct sighting of wildlife during site inspection.
Whether the forest area proposed for diversion : Proposal is not a part of any protected area. is important from Wildlife point of view or not but in 10 km radius of Satpuda-Melghat Tiger Reserve Corridor & Pachmadhi Biosphere Reserve boundary
6. Aerial distance from the nearest boundary of any protected area : Not given in part-II
7. Vegetation : a. Trees to be felled : NIL. b. Effect of removal on the general ecosystem in the area: Not Applicable.
As per Part-II, Canopy Density 0.7 in Eco Class 3. The area is Revenue Forests and similar situation was observed during site inspection. The vegetation containing Tectona grandis, Anogeissus latifolia, Madhuca longifolia, Lagestromia parviflora, Butea monosperma, etc were observed.
8. Background note of the proposal:
The project needs 107.816 ha of forest land and in addition project requires 46.492 ha of non- forest area is required. User agency have Government of India , Ministry of Environment & Forests New Delhi Letter no./ F.NO.-8-102/2004-FC dated 30/01/2012 Stage-I approval for diversion of 90.00 ha of forest land (A-I) which is other project in same area, but DFO refers said Stage-I approval and its condition in every proposal for diversion from WCL, Betual. In compliance to the same the User Agency / WCL had deposited the amount with Forest Department which is as follows : 1. Rs 23,22,38,995.00 via RTGS UTR in CAMPA account 2. Rs 1,67,52,284.00 via DD no. 609019 dt 1/6/2018 to DFO, Betul 3. Rs 64,69,605.00 via DD no. 609018 dt 1/6/2018 to DFO, Betul Entire area will be used for underground coal mining project. The coal is of non-cooking quality.
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9. Compensatory Afforestation : Not applicable as per 3.2(vii)(c) of F(C)A, 1980 handbook/ guideline.
10. Whether proposal involves violation of Forest (Conservation) Act ? : Yes, as the proposal is for the post facto approval of 107.816 ha forest land for underground mining of Pathakhera Area.
11. Whether the proposal involves rehabilitation of displaced people? : No.
12. Reclamation Plan : details and Financial Allocation : Not applicable.
13. Cost benefit ratio : submitted.
14. Utility of project: Underground coal mining project.
15. Number of Scheduled Case and Scheduled Tribe involved in the Project: Yes.
16. Compliance of FRA 2006-DC Certificate: Not submitted.
17. Whether the land being diverted has any socio-cultural / religious value: No.
18. Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No
19. DFO recommendation : there are different recommendations of DFO as in e.protal and F(C)A forms part-II i. e.protal : (1) The applicant agency is continuously extracting mineral from the above mentioned forest land since 1980, therefore Ex-post facto approval may be granted to the applicant after imposing penalty on the organization as mining activities is being carried out by the organization without prior approval of the Central Government . ii. F(C) A form Part-II:
20. Recommendation of Nodal officer and the State government: Recommended.
21. Details of comments of the APCCF (LM), MP on alternate routes/alignments for locating the projects. : Recommended by APCCF (LM), MP.
22. Specific observation:-
1. The user agency had started operation of mining in 1992, the entry and exit shaft is located on non-forest land. The approximately 30% of coal from proposed forest land is extracted and after progress of mine rest will be extracted. 2. As per the forest department, surface area is under management of forest department and regular management of area as per the working plan prescription. 3. As per Part-II, DFO reports that the area has CD 0.7, Eco-class 3. However, the project is underground mining & no removal of tree is proposed. The similar situation was also observed. 4. The violation may be dealt in accordance to MoEFCC guideline no. F. No. 11-42/2017-FC dated 29/01/2018.
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5. The Penal CA in accordance to Para 4.3 (ii) of Handbook of FCA Shall be submitted. 6. CA is not applicable for UG mines as per 3.2(vii)(c) of F(C)A, 1980 handbook/ guideline but UA continued the operation and the State Forest department did not stop the extraction of mineral, responsibility on both may be fixed.
The above observations are framed as the WCL is Govt. Company and surface area is under active management of forest department. The specific observation and comments are submitted for consideration in FAC, please.
Recommendations of APCCF(C), R.O., Bhopal: In view of the details mentioned in the site inspection report of Dy. Conservator of Forest (C), undersigned recommends the diversion of 107.816 ha of forest land for Tawa underground coal mining project in favour of m/s Manager, WCL, Pathakheda Region in Betul district, Madhya Pradesh under Forest (Conservation) Act 1980 subject to the specific observation in the SIR. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 7 F.No.8-6/2007-FC Subject: Diversion of 1283.570 hectares of forest land for Coal Mining in Amelia Coal Block by M.P. State Mining Corporation in Singrauli District of Madhya Pradesh.
1. The Nominating Authority, Ministry of Coal vide their letter no. 103/04/2016-NA dated 15.09.2016 informed that the Ministry of Coal vide its OM No. 13016/9/2014-CA-III (Pt. II) dated 29.08.2016 that the Amelia Coal Mine has been allotted M/s. THDC India Limited Under Section 5 (1) of Coal Mines (Special Provisions) Act, 2015 read with Rule to 11 (10) of the coal mines (Special Provisions) Rules, 2014.
2. It is imperative to mention here that the Addl. Principal Chief Conservator of Forests (Land Management) & Nodal Officer, Forest (Conservation) Act, 1980, Madhya Pradesh vide his letters dated 01.02.2007 and dated 02.03.2007 had submitted two separate proposals to obtain prior approval of the Central Government under the Forest (Conservation) Act, 1980, for diversion of 1283.57 hectares of forest land in Amelia Coal Blocks and 728.750 hectares of forest land in Amelia (North) coal block respectively, in favour of Madhya Pradesh State Mining Corporation Limited (MPSMCL).
3. The said proposal for diversion of 1,283.570 hectares of forest land in favour of Madhya Pradesh State Mining Corporation Ltd. for coal mining in Amelia Coal Block located in Singrauli District, Madhya Pradesh was discussed in FAC on 9th August 2007 and FAC recommended the proposal. The said proposal was again placed in FAC in its meeting held on 29-30 April,2014 and the Committee, after examination of the proposal and interaction with representatives of user agency, observed as below: (i) Legal status of forest land proposed to be diverted was 1,063 hectares of Reserved Forest, 119.21 hectares of Protected Forest, 2.00 hectares of Private Revenue Forest and 99.36 hectares of Government Revenue Forest;
(ii) Crown density of vegetation available in the forest land proposed to be diverted varies from 0.20 to 0.60. Forest land proposed to be diverted contains 10, 87,347 trees. Important species available therein are Shorea robusta, Terminalia tomentosa, Anogeissus latifolia, Madhuca indica, Butea monosperma, Dalbergia paniculata, Lagerstroemia spp. etc.
(iii) As per guidelines issued under the FC Act, user agency is required to provide non-forest land equal in extent to the area of forest land proposed to be diverted, along with funds for afforestation of such non-forest land to raise
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compensatory afforestation in lieu of forest land proposed to be diverted in their favour. However, as per the proposal received from the State Government compensatory afforestation is proposed to be raised over degraded forest land twice in extent to the area of forest land proposed to be diverted;
(iv) Project involves displacement of about 120 families. Project received from the State Government however, does not contain a copy of plan for Resettlement and Rehabilitation of project affected families;
(v) In compliance with the Hon’ble Supreme Court‘s Order dated 27th April 2007 in IA No. 1413, 1414 etc. in Writ Petition (Civil) No. 202/1995 in the matter of T.N. Godavarman Thirumulpad versus Union of India and others, wherein the Hon’ble Supreme Court directed inter-alia that “…fresh cases may be cleared Project-wise by the FAC and thereafter such clearances shall be placed before this Court for approval….”, the proposal along with recommendation of the FAC was placed before the Hon’ble Supreme Court. The Hon’ble Supreme Court referred the said proposal to the Central Empowered Committee (CEC) for their examination and appropriate recommendations;
(vi) CEC after examination of the above proposal and another proposal seeking prior approval of Central government under the FC Act for diversion of 728.750 hectares of forest land in favour of the Madhya Pradesh State Mining Corporation (MPSMCL) for coal mining at Amelia (North) coal block, made following observation/recommendation in their fourth report:
(a) These projects involve felling of about 1.5 million trees – perhaps one of the few cases cleared so far under the FC Act involving such a large number of trees;
(b) Both the coal blocks have been allotted to MPSMCL vide letter dated 12Th January 2006 by Ministry of Coal under the revised coal policy dated 12th December 2005. The Amelia Coal Block has a reserve of about 393 million tones whereas Amelia North has coal reserve of 120 million tones. The Amelia Coal Block is proposed to be worked on opencast method as well as below ground method simultaneously whereas Amelia North is proposed to be worked on open cast method. From Amelia Block and Amelia North Block extraction of 8.4 million tones and 2.8 million tones of coal respectively is planned to be mined annually. In both the cases environmental clearance is awaited;
(c) As per the information downloaded by the CEC from the internet, Sainik Mining & Allied Services Ltd. (a company of Sainik Aryan Group) has entered into a joint-venture agreement with the MPSMCL for development of the Amelia Coal Block. This vital information has not been divulged in the proposal sent under the FC Act. The ultimate beneficiary of the diversion of the forest land will be Sainik Aryan Group. As stated in CEC’s earlier report dated 16th August 2007, the Sainik Mining & Allied Services Ltd. has also entered into a joint-venture agreement with the M/s. Orissa Mining Corporation for development of a coal block allotted to M/s Orissa Mining Corporation. The CEC has also filed a report dated 11th May 2005 in the Maruti matter, listed as IA No. 1311/1335 regarding the large scale organized theft of coal from the SECL mines by Sainik Aryan Group;
(d) It would be appropriate that before taking a decision on the proposal for the diversion of forest land, the legality, validity and the public interest involved in development and operation of the coal block through a joint-venture company wherein the Government is a minority shareholder and the day-to-day operation are to be done by the private sector company, are carefully examined; and
(e) The FAC has made recommendation for diversion of forest land without examining the relevant issues such as a likely adverse impact of the project on flora and fauna, whether mitigative measures are adequate to contain the adverse impact of the projects, number of labourers involved in the project and their energy needs, location of the mine vis-à-vis the forest boundary, details of approach road, number of trucks required to carry the mineral, details of the approved mining plan, necessity
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of the diversion of such a large block of forest area, advantage and disadvantage of opening both the mines at a time, production from existing mine vis-à-vis requirement of the existing/ proposed plants, public interest involved in the present case, checks and balances required to be put in place and other relevant factors. It is also seen that the compensatory afforestation is proposed to be done over degraded forest and not on non-forest land. Considering that about 1.5 million naturally grown trees are required to be felled – perhaps one of the biggest so far approved under the FC Act – a very detailed and careful examination of the proposal should have been carried out and the non-forest use of forest land should have been considered only if found absolutely necessary, in public interest and no other alternative was found feasible;
(vii) As per a copy of note entitled “submissions agreed to by the CEC & the MoEF’ signed by the then IGF (FC) and Member-Secretary, CEC, it was agreed to by the CEC and the MoEF that the recommendations of the FAC for diversion of 1,283.57 hectares of forest land for coal mining in Amelia Coal Block may not be accepted. It was also agreed that the State of Madhya Pradesh/Madhya Pradesh State Mining Corporation Ltd. may be asked to cancel the MoU entered into with M/s. Sainik Mining and Allied Services Ltd. and to invite fresh applications after giving wide publicity and laying transparent guidelines;
(viii) After examination of the said proposal along with recommendations of the CEC, the Hon’ble Supreme Court in their order dated 20th February 2009 in I.A. No. 2167 in the W.P. (C) No. 202 of 1995 directed as below:
“CEC had made certain observations and objections regarding diversion of 1,283.57 ha of forest land for coal mining Sidhi District, M.P., diversion of 125 ha of forest land for iron ore mining in favour of M/s. Tungbhadra Minerals Pvt. Ltd, District Bellary, Karnataka and diversion of 109.27 ha. of forest land for iron ore mining in favour of M/s. Narayan Mines (P) Ltd, District Bellary, Karnataka. They have been considered and now the MoEF has expressed his inability to accept the FAC report in all the above three projects. Union of India may take appropriate decision and communicate the same to the parties.”
(ix) The MoEF vide letter dated 2nd March 2009 communicated to the Government of Madhya Pradesh inability of the Central Government to grant approval under the FC Act for diversion of the said forest land; (x) Government of Madhya Pradesh in their said letter dated 28th January 2014 also provided comments on suggestion of this Ministry to explore feasibility to undertake only underground mining in the said project. Summary of these comments is as below:
(a) Total geological coal reserve in Amelia coal block is 393.59 million tonnes, out of which the open-castable coal reserve is 214.45 million tonnes in 2 seams viz. VIII & VII. The underground mineable coal reserve in 6 coal seams is 179.14 million tonnes;
(b) Top 2 seams viz., VIII & VII are open castable seams. Coal mining activity is to be undertaken in these seams initially. Underground coal mining operation should be carried out in the 6 seams to be worked by underground coal mining method below seam VIII & VII once these seams have been worked out by open cast method. If the top two seams are not worked then because of the underground coal mining working, there will be subsidence of all the coal lying above. Due to subsidence the coal of seam VIII & VII will be subjected to spontaneous combustion resulting in loss of entire coal available in these seams. It will also result in environmental problem in the area due to fire. This point was discussed in environmental clearance meeting in MoEF and committee agreed for mining top seams by open cast method and then bottom seam by underground method;
(c) Keeping in view the above, it is essential that the top two seams viz., VIII & VII should be worked out first by open cast method and then only extraction of coal by Underground method should be undertaken;
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(d) Total 190.76 million tonnes coal is extractable by open cast method and 97.20 Million Tones is extractable by underground method. Major chunk of coal extraction is coming from the open cast method and if the coal mining operation is not taken up in the open castable patch then apart from losing open castable coal as explained above, the mining operation will not be economical.
(e) Sequence of seam-wise mining operation has already been approved in Mining Plan duly approved by the by Ministry of Coal for working all seams by opencast & underground method as detailed above.
4. The FAC in its meeting held on 29-30 April, 2014 after detailed deliberations recommended that the Government of Madhya Pradesh may be requested to submit following information/ documents:
(a) Proposal for creation of compensatory afforestation over non-forest land over equal in extent to the forest land proposed to be diverted;
(b) Complete process for settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted and submit documentary evidence stipulated in this Ministry’s letter No. 11-9/98-FC (pt.) dated 3rd August 2009 in support thereof; and
(c) Complete details of plan for evacuation of coal proposed to be extracted from the Amelia Coal block, along with requirement of additional forest land, if any, for the purpose.
5. Based on the above recommendation of the FAC on 29-30 April,2014 that the Committee had recommended that the inspection of the proposed forest land shall be carry out once again from the respective Regional Office of the Ministry. Accordingly, the Regional Office (Western Zone), Bhopal was requested to carryout Site Inspection Report (SIR) again and they carry out SIR again and submitted their report vide letter No. 6-MPA008/2007- BHO/237 dated 04/07/2018.The SIR is reproduced below:
(i) The proposal for diversion of 1283.57 ha in favour of M. P. State Mining Corporation was submitted to MoEF, New Delhi vide letter no. F.-1/437/06/10-11/281 dated 01/02/2007. The direction for site inspection was received form MoEF, New Delhi vide letter F. No. 8-6/2007-FC dated 21/02/2007. The Site Inspection report was submitted by Regional Office, Bhopal vide letter no. F. No. 6-MPA008/2007- BHO/3200 dated 30/05/2007 in which the project was recommended for approval. (ii) The MoEF letter F. No. 8-6/2007-FC dated 02/03/2009 had communicated the “ inability of the Central Government to grant approval under section-2 of the Forest (C0nservation) Act, 1980” to the Pr. Secretary (Forest), Govt. of Madhya Pradesh. Further, MoEF letter F. No. 8-6/2007-FC dated 03/03/2009 communicated that “the State Govt. of M.P. / M.P. Mining Corporation shall be asked to cancel the Memorandum of Understanding entered with M/s Sainik Mining and Allied Services Ld. Further, the State / State Mining Corporation shall invite fresh application after giving wide publicity and laying transparent guidelines. The action taken in this regard may kindly be informed to this Ministry.” (iii) The direction from MoEF was received for inspection of site vide MoEF letter F. no. 8-6/2007-FC dated 16/05/2014 along with three other shortfalls in the project. (iv) The MoEF&CC letter dt. 02/05/2018 again directed Regional Office, Bhopal for site inspection report, other letter of MoEF&CC dt 02/05/2018 addressed Pr. Secretary (Forest), Govt. of M.P. have a mention about the Site Inspection from Regional Office, Bhopal. (v) It came to notice the said area was allotted to THDC India Ltd. For Khurja Super Thermal Power project (STPP), Bulandsahar, UP vide order of Ministry of Coal, Govt. of India F. No. 103/11/2016-NA dated 17/01/2017. (vi) The information is presented as per the available information originally submitted along with the proposal in the year 2007 by M. P. State Mining Corporation and no any fresh data was supplied by the present agency i.e. THDC India Ltd. The THDC India Ltd. Has submitted the revised area, as there was area variation. As told by the THDC representatives, the survey was carried out by team consisting of CMPDI, Forest Department and THDC survey team. Revised area maps and KML file is submitted vide APCCF(LM), Govt of MP letter dt. 02/07/2018.
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(vii) Legal Status of Forest land proposed for diversion. c. Protected forest land : 119.21 ha d. Reserved forest land : 1063.00 ha e. Private Forest land : 2.00 ha f. Govt. Revenue land : 99.36 ha In addition to above 335.53 ha of revenue land also involved in the project.
(viii) How the land proposed for diversion is to be utilized? : Opencast mining project.
(ix) Whether the proposal involves any construction of buildings (including residential): No.
(x) Total cost of Project : Rs. 1166.60 crores (2007), present cost not submitted.
(xi) Wild Life:
Whether the forest area proposed for : Yes, Part-II of DFO in 2007. diversion is important from Wildlife As per site inspection dt. 18th and 19th June point of view or not 2018, no direct or in-direct sighting of wildlife.
(xii) Aerial distance from the nearest boundary of any protected area: beyond 10 km of PA.
(xiii) Vegetation :
a. Trees to be felled: 11,80,884 trees are marked for felling as reported in Part-II of DFO of 2007 and Site Inspection report of RO, Bhopal of year 2007.
b. Effect of removal on the general ecosystem in the area: Yes, but it is Mining project. It will have effect on ecosystem.
As per Part-II, Canopy Density is 0.2 to 0.6 & Eco-class 4. The forest reported is Mixed Sal forest. Similar situation was observed during site inspection, forest is mixed sal forest with mahua & tendu species with canopy density 0.2 to 0.6.
(xiv) Background note of the proposal:It is mining project, specifically opencast mining project.
(xv) Compensatory Afforestation:
i. Applicable, CA over 2,600 ha degraded forest land in 17 patches was submitted along with the original proposal of 2007. ii. The CA land is revised by State Govt. vide APCCF (LM) Govt. of MP letter no. F- 1/437/2006/10-11/1697 dt. 12/06/2018 and only KML file was submitted to this office. iii. The revised CA is over 2720.00 ha of degraded forest land in 51 patches. As per DSS, the area shows MDF and agricultural encroachment. iv. Documents supporting revised CA i.e. site suitability, free from encroachment, detail scheme and maps may be sought from the State Govt. of Madhya Pradesh.
(xvi) Whether proposal involves violation of Forest (Conservation) Act?: No.
(xvii) Whether the proposal involves rehabilitation of displaced people? No.
(xviii) Reclamation Plan details and Financial Allocation: Applicable.
(xix) Cost benefit ratio: 1: 4.5 (2007) as per old guideline.
(xx) Utility of project: Opencast coal extraction.
(xxi) Number of Scheduled Case and Scheduled Tribe involved in the Project: No.
(xxii) Compliance of FRA 2006-DC Certificate: not submitted. 131 | P a g e
(xxiii) Whether the land being diverted has any socio-cultural / religious value: No.
(xxiv) Whether any sacred groves or very old growth of tree of forest exist in the area proposed for diversion? : No (xxv) Recommendation of Nodal officer and the State government: Recommended.
(xxvi) Details of comments of the APCCF (LM), MP: Recommended by APCCF (LM), MP.
(xxvii) Observations: The site inspection was carried out on 18th and 19th June 2018. The RF-296 & P-317 of East Sarai, P-388 of Waidhan and RF-289 of Sarai were inspected.
This project was submitted for diversion in 2007 and the Site Inspection report was submitted by Regional Office, Bhopal vide letter no. F. No. 6-MPA008/2007-BHO/3200 dated 30/05/2007 in which the project was recommended for approval. The direction from MoEFCC was received for re-inspection of site. A new agency i.e. THDC India Ltd have came, as the more than 10 years have passed, many of the ground situations have changed.
The following observations may be specifically looked in to while considering the project by FAC:
(a) Document:
(i) Present cost of the project and C:B ratio as per revised guideline. (ii) FRA certificate in prescribed format from the concerned District Collector. (iii) Documents of CA land with scheme & total cost. (iv) The tree enumeration list is as per 2006-07. (v) Status of FRA patta holder on the proposed forest land.
(b) The APCCF (LM) Govt. of MP vide letter no. F-1/437/06/10-11/1902 dt. 02/07/2018 had submitted the fresh KML file for 1257 ha. The DSS analysis of KML file shows following results about forest:
Sl. No. Area (ha) Land VDF MDF OF 1 1167.97 Forest Land (RF & PF) 207 746 140 2 87.58 Rev. Forest land 3 40 20 Total 1255.55 210 789 160
(c) Observations on CA land is give at point no 9 (above) may be seen. (d) At one of the location, the presence of coal on the surface was observed (photographs enclosed).
The coal is important for electricity, nation development, the user agency is joint venture of Govt. of India & Govt. of UP and based on the Nation development as main goal, the site inspection report is submitted for consideration in FAC, please
Recommendation of APCCF (C), R.O. , Bhopal: Based on the observations of DCF(C) in his Site Inspection Report, especially with regard to datum line most data being 2007, the proposal for diversion of 1283.570 ha of Forest Land for Coal Mining in Amelia Coal Block of THDC India Limited (Joint Venture of Govt. of India and Govt. of UP) in Singrauli District of Madhya Pradesh under Forest (Conservation) Act, 1980 may be considered keeping in view the national perspective of the said thermal power project, for meeting the energy needs of the country. 6. The instant proposal has also been analyzed by the DSS Cell of this division and their report may kindly see at F/X. The major observations are as under: (i) In case of Forest area applied for Diversion: Calculated area Proposed area for diversion of forest land falls under Sidhi district of Madhya Pradesh State. of Mining lease is found 1592.09 Ha and calculated area of forest land proposed for diversion is found 1209.26 ha while project proponent has applied for diversion of 1283.57 ha of forest land. Thus, there is discrepancy of 74.31 ha area is observed. (ii) Proposed ML area falls under inviolate Zone based on DSS Decision Rule No. 1 due to presence of VDF (Very Dense Forest) in the Mining lease area & it is also Inviolate based on DSS Decision Rule 2 . 132 | P a g e
(iii) Out of total forest area for diversion, 231 ha. of land is having the canopy density of Very Dense Forest, 827 ha of land is characterized with Moderately Dense Forest, 238 ha of land classified as open forest Category and 296 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. (iv) In case of sites proposed for CA: The CA has been proposed in 51 patches spread over 11 Districts namely Morena, Sheopur, Shivpuri, Datia, Gwalior, Guna, Tikamgarh, Chhatarpur, Sagar, Damoh and West Nimar districts of Madhya Pradesh state. The calculated area of total land proposed for CA is found 2941.06 ha Out of total area for CA, 455 ha of land is characterized with Moderately Dense Forest, 933 ha of land classified as open forest Category, 120 ha of land as Scrub and 1424 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.
7. The said proposal was considered in the last FAC meeting in its meeting to be held on 30.08.2018. The FAC after thorough deliberation and discussion with the Nodal officer (FCA) of Madhya Pradesh and APCCF Regional office Bhopal observed that some additional information are required to be incorporated in the agenda items to have a considered view on the matter therefore it is recommended that same may be incorporated in the agenda and place it before next FAC meeting.
In view of the above facts related to the proposal, it is proposed that proposal may be submitted with Site Inspection Report (SIR) carried out by the Regional Office (Western Zone) Bhopal to the FAC, in its meeting scheduled to be held on 30.08.2018. ****
Agenda No. 8 F. No. 8-53/2009-FC (Vol.)
Sub: Proposal for diversion of 16.268 ha. of forest land for regularization of already existing Mandideep Industrial Area in favour of Industrial Center Development of Corporation, Bhopal in Raisen District Madhya Pradesh State. regarding.
1. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, Forest (Conservation) Act, 1980, State Government of Madhya Pradesh vide their letter No. F-5/819/2018/10-11/1312 Bhopal dated 07.05.2018 (Pg. 1-87/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 16.268 ha. of forest land for regularization of already existing Mandideep Industrial Area in favour of Industrial Center Development of Corporation, Bhopal in Raisen District Madhya Pradesh State. 2. The said proposal considered in the Regional Empowered Committee in its meeting held on 23.04.2018. The discussion in the REC meeting the earlier approval granted by the MoEF&CC for diversion of 197.93 ha of forest land for same user agency and same purpose is already given. And the area of said proposal for diversion of 16.268 ha. Forest land has adjoining to the forest land i.e. 197.93 ha. Therefore, this proposal should also be process at the level of Government of India, New Delhi. 3. The Ministry has also accorded of in-principal approval for diversion of 197.93 ha. of forest land vide this Ministry’s letter F. No. 8-53/2009-FC dated 20.12.2017 (Pg. 88-90/c) 4. The forest land had allotted to Industry Department in Raisen District Mandideep Area for establishment Industry by the State Government of Madhya Pradesh prior 1980. The Stage-I approval already accorded by the MoEF&CC Govt. of India vide this Ministry’s letter dated 20.12.2017. 5. Details indicated in the proposal submitted by the Government of Madhya Pradesh dated 07.05.2018 are as below: FACT SHEET
Name of the Proposal Proposal for diversion of 16.268 ha. of forest land for regularization of already existing Mandideep 1. Industrial Area in favour of Industrial Center Development of Corporation, Bhopal in Raisen District Madhya Pradesh State. 2. Location: (i) State Madhya Pradesh. (ii) District Raisen. (iii) Category Industry. 133 | P a g e
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 In favour of Industrial Center Development of 3. Corporation, Bhopal. Nature of user agency State PSU. 4. Particular of Forests (i) Name of Forest Division Obedullahganj (T) (ii) Area of Forest land for Diversion 16.268 Ha. (iii) Legal Status of Forest land Reserved Forest = 16.268 ha. Density of Vegetation Area =16.268 Ha. (iv) Density = 0.2 Eco class = 3 5. Maps i. Differential GPS map of the area All maps are available in the file at proposed for diversion (Pg. 7-26/c). ii. Differential GPS map of the area identified for raising CA
iii. Survey of India toposheet on 1:50,000 scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 scale showing the area identified for CA v. Land use plan Not given. vi. Forest Cover map Not given. 6. Vegetation i. Species-wise and diameter class wise Details of Species – wise and diameter class wise enumeration of trees. enumeration of trees are available in the file and the same is available at (Pg. 49/C). ii. Density 0.2 iii. Number of trees to be felled FRL = 452 iv. Working plan prescription for the forest Blank area which is less than 0.2 density.
land proposed for diversion. 7. Vulnerability of area to soil erosion There is no any zone for erosion. Details of wildlife present in and around the Nil. 8. forest land proposed for diversion; Approximate distance of proposed site for 9. diversion from boundary of forest. -0.1- Whether the forest land proposed for diversion is located within eco-sensitive zone(ESZ) of the Protected Area notified 10. 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): 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 the -No- Chief Wildlife Warden to be annexed) Whether any rare/ endangered/ unique 12. species of flora and fauna found in the area if -No- so, details thereof. Whether any protected archaeological/ 13. heritage site/ defence establishment or any other important monument is located in the
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area. If so, the details thereof with NOC from -No- competent authority, if required. Whether the requirement of forest land as proposed by the User Agency in col.2 of 14. Part-I is unavoidable and bare minimum for the project. If no, recommended area item- wise with details of alternatives examined. -Yes- Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of 15. the same including period of work done, Yes, action taken on erring officials. Whether work in violation is still under progress. (i) Details of violation (S) Construction of Sheds / factory without FC Act, 1980. (ii) Period of work done (Year) 1984 Area of forest land involved in violation in 16.268 (iii) (ha.) Whether work in violation is still in progress No. (iv) (Yes/No) Details of Compensatory Afforestation 16. Scheme: i. Details of non-forest area/ degraded The Compensatory Afforestation proposed is non – forest forest area identified for compensatory land i.e. 16.268 ha. of non-forest land for plantation in Afforestation, its distance from Sagar district village KharKari. The CA scheme with the adjoining forest, number of patches, provisions of the maintenance for 10 years has been size of each patch. submitted and a copy of the same is available at page 31- ii. Map showing non-forest/ degraded 48/c. forest area identified for compensatory
Afforestation and adjoining forest boundaries. (Pg. 26/c) iii. Detailed compensatory Afforestation District – Sagar scheme including species to be planted, Area – 16.268 ha. implementing Agency, time schedule, Village – Kharkhari . cost structure etc. Compartment /Khasra No. – 1
iv. Total financial outlay for Rs. 108.48 lakh
compensatory Afforestation scheme. v. Certificate from competent authority The Certificate from competent authority regarding regarding suitability of area identified suitability of area identified for Compensatory for compensatory Afforestation and Afforestation has not been given. from management point of view. To be signed by the concerned Deputy However, The suitable certificate for Compensatory Conservatory of afforestation is required before Stage-II approval. Forests. Documentary evidence in support of The District Collector, Raisen, Government of Madhya settlement of rights in accordance with the Pradesh has issued a FRA certificate vide his letter No. provisions of the Scheduled Tribes and Other 4115 dated 23.08.2018 (Pg. 72/c) for diversion of 16.268 Traditional Forest Dwellers (Recognition of ha. forest land, falls within jurisdiction of Municipal Forest Rights) Act, 2006 on the forest land Council Mandideep (Ward No. 13, Ward No.14, and proposed to be diverted enclosed. 17. Ward No. 20) in Goharganj tehsil. The area of the forest land proposed to be de-notified for non-forest purpose (Industrial area) falls under Municipal Council, Mandideep. Evidence are given copy of the same is placed in the file (Pg. 73-74/c). Site Inspection Report of the Divisional The Site Inspection Report carried out by the Divisional Forest Officer in compliance to the Forest Officer, Obaidullaganj, Madhya Pradesh, copy of 18. conditions stipulated in the col. 7 (xi, xii) 8 the same may kindly be seen at (Pg. 50-51/c). and 9 previous approval. Whether the project requires environment Environment Clearance is not applicable as reported by 19. clearance. the User agency in part –I. (Pg. 5/c).
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Status of Wildlife clearance. Wildlife Clearance is not applicable as reported by the User agency in part –I. (Pg. 5/c). 20.
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 0 Employment Potential Regular Employment = 500 26. Temporary Employment = 200 Undertakings to bear the cost of CA and Not Given. 27. NPV. Profile of the District / Department / Raisen 28. District. (i) Geographical Area of the Dist. 349161.00 Ha. (ii) Total Forest Area 164077.781 Ha. Total area diverted since 1980 Area 243.589 ha. (iii) Number of case - 5 Total area proposed for afforested since 1980 Degraded forest land ---- ha (iv) Penal CA over Forest land 66.64 ha. Non-forest land ---- ha Total area afforested since 30.11.2017 Degraded forest land ---- ha (v) Forest land 0 ha. Non-forest land 132.710 ha. Recommendation with Specific conditions, (if any) DFO Recommended. (at page no.64/c ) 29. CF Recommended. (at page no. 67/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 69/c ) State Govt. Recommended. (at page no. 70/c ) 6. The Addl. Principal Chief Conservator of Forests (Land Management) and Nodal Officer, Forest (Conservation) Act, 1980, State Government of Madhya Pradesh vide its letter dated 07.05.2018 submitted following additional information pertaining to the proposal: (i) Purpose wise breakup of forest land proposed for diversion has not been given by the State Government / project proponent. (ii) The Certificate from competent authority regarding suitability of area identified for Compensatory Afforestation has not been given. (iii) The compliance report of conditions stipulated in the Stage-I approval letter dated 20.12.2017 for diversion of 197.93 ha. has not been given. (iv) The State Government has not furnished the details of violation, and name of erring officials. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the forthcoming Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
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Agenda No. 9 File No. 8-44/ 2018-FC Sub.: Proposal for diversion of 104.095 ha of forest land in Bellampally RF of Bellampally Forest Division in Mancherial District for grant of Mining lease for Kalyani Khani No. 6 incline (Underground Mining) in favour of M/s. Singareni Collieries Company Limited, Mandamarri Area, Mancherial District, Telangana State.-regarding. 1. The State Government of Telangana, Environment, Forests, Science & Technology (For.I) Department vide their letter No. 1443/For. I (1)/2018 dated 26th May, 2018 (Pg. 1-260/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 104.095 ha of forest land in Bellampally RF of Bellampally Forest Division in Mancherial District for grant of Mining lease for Kalyani Khani No. 6 incline (Underground Mining) in favour of M/s. Singareni Collieries Company Limited, Mandamarri Area, Mancherial District, Telangana State. 2. Details indicated in the proposal submitted by the State Government of Telangana vide their letter dated 26.05.2018 are as below: FACT SHEET
Name of the Proposal Proposal for diversion of 104.095 ha of forest land in Bellampally RF of Bellampally Forest Division in Mancherial District for grant of Mining lease for 1. Kalyani Khani No. 6 incline (Underground Mining) in favour of M/s. Singareni Collieries Company Limited, Mandamarri Area, Mancherial District, Telangana State. 2. Location: (i) State Telangana State. (ii) District Mancherial. (iii) Category Under Ground Mining. Total period for which the forest land is 25 (iv) proposed to be diverted (in year). 3. Detail of user agency Name of the user agency. M/s. Singareni Collieries Company Limited, (i) Mandamarri Area, Mancherial District, Telangana State. (ii) Nature of user agency. Central PSU. 4. Particular of Forests (i) Name of Forest Division. Bellampally Forest Division. Area of Forest land for Diversion 104.095 ha.
(ii) The proposed diversion area falls in Compartment No. 350 RF Bellampally Range. Legal Status of Forest land Reserved Forest Block Bellampally was Notified U/s (iii) 19 of HFA of 1355-F; Gt. No. 9 dated 15-3-1357 (F).
Density of Vegetation The Area having different types of Vegetation which is (iv) varying from 01. To 0.2 density.
5. Maps i. Differential GPS map of the area proposed (Pg. 244/c). for diversion.
ii. Differential GPS map of the area identified Not applicable. for raising CA.
iii. Survey of India toposheet on 1:50,000 Not given. scale showing the area proposed for diversion.
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iv. Survey of India toposheet on 1:50,000 Not applicable. scale showing the area identified for CA.
v. Land use plan Approved land use plan has not been submitted. vi. Forest Cover map Not submitted. vii. Approved Mining Plan (Pg. 185-242/c). 6. Vegetation i. Species-wise and diameter class wise Not applicable. enumeration of trees. (Diversion of forest land is for underground mining).
ii. Number of trees Not applicable
(Diversion of forest land is for underground mining). Brief note on Vulnerability of area to soil There will be no noticeable erosion. 7. erosion. Approximate distance of proposed site for 0 8. diversion from boundary of forest Whether forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor etc. (if so, the details of the 9. area the comments of the Chief Wildlife No. Warden to be annexed)
Whether any rare/ endangered/ unique species No. 10. of flora and fauna found in the area if so, details thereof. Whether any protected archaeological/ No. heritage site/ defence establishment or any 11. other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required. Whether the requirement of forest land as proposed by the User Agency in col.2 of Part-I 12. is unavoidable and bare minimum for the project. If no, recommended area item-wise Yes. with details of alternatives examined. Whether any work in violation of the Act has been carried out (Yes/ No). If yes, details of the 13. same including period of work done, action No. taken on erring officials. Whether work in violation is still under progress. Details of Compensatory Afforestation 14. Scheme: i. Details of non-forest area/ degraded forest area identified for compensatory Afforestation, its distance from adjoining forest, number of patches, size of each patch. ii. Map showing non-forest/ degraded Not applicable as per 3.2(viii) (c) of Forest forest area identified for compensatory (Conservation) Act, 1980 handbook/ guideline.
Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation (Diversion of forest land is for underground mining). scheme including species to be planted,
implementing Agency, time schedule, cost structure etc. iv. Total financial outlay for compensatory Afforestation scheme.
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v. Certificate from competent authority 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 settlement The District Collector, Mancherial, Government of of rights in accordance with the provisions of Telangana has issued FRA Certificate vide his letter the Scheduled Tribes and Other Traditional No. B2/515/2017 dated 04.10.2017 (Pg. 253/c) for Forest Dwellers (Recognition of Forest Rights) diversion of 104.095 ha of forest land in Bellampally Act, 2006 on the forest land proposed to be RF of Bellampally Forest Division, and certifying the diverted enclosed. information in respect of all clauses of the MoEF’s advisory dated 03.08.2009 read with letter 05.07.2013 i.e. diversion of forest land the for facilities managed by the Government as required under section 3 (2) and safeguarding the rights of Primitive Tribal Group and Pre-Agricultural Communities as required under the Scheduled Tribe and Other Traditional Forest Dwellers 15. (Recognition of Forest Rights) Act, 2006, discussion on the proposal in meeting of concerned Gram Sabha (s) maintaining the prescribed quorum, etc. A copy of records of all consultation and meetings of the forest rights Committee, Gram Sabha, Sub-Division Level Committee and the District Level Committee are given may kindly be seen at (Pg. 248-253/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. 249-250/c). However, Gram Sabha resolution has not been submitted in English language. Site Inspection Report of the Divisional Forest Officer in compliance to the conditions 16. stipulated in the col. 7 (xi, xii) 8 and 9 previous (Pg. 131/c). approval. Whether the project requires environment Yes, EC application yet to be submitted. As reported by 17. clearance. the User Agency in part-A. (Pg. 22/c). Whether the project requires Wildlife Not applicable. As reported by the User Agency in part- 18. Clearance. A. (Pg. 22/c). 19. Catchment Area Treatment Plan. Not applicable
20. Rehabilitation of Oustee (i) Number of families (ii) Number of SC Families (ii) Number of ST families No displacement. (iii) Number of Backward Families (iv) Copies of R&R Plan R & R plan is not required. Cost Benefit Analysis 1:238.30 (Pg. 50-51/c). 21. The cost benefit analysis report has not given as per Ministry’s guidelines dated 01.08.2017. 22. Total Cost of the project Rs. 477.65 Crore. 23. Employment Potential Permanent =785 24. Undertaking to bear the cost of NPV (Pg.168-169/c). 25. Profile of the District / Department / Adilabad (i) Geographical Area of the Dist. 1612800 ha. (ii) Total Forest Area 716244 ha. Total forest area diverted since 1980 with 7774.933 ha. (iii) number of cases.
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14 cases
Total Compensatory Afforestation stipulated (iv) in the district / division since 1980 or Forest land including penal compensatory 9.3 ha. (a) afforestation (b) Non-forest Nil Progress of compensatory afforestation as on 20.12.2012 (v) (date). (a) Forest land Nil (b) Non-forest land 140.946 ha. Recommendation with Specific conditions, 26. (if any) (i) DFO Recommended. (Pg. 254-255/c). (ii) CF Recommended. (Pg. 164/c). (iii) PCCF/ Nodal Officer (FCA) Recommended. (Pg. 260/c). (iv) State Govt. Recommended. (Pg. 3-4/c). 3. The State Government of Telangana vide letter dated 07.04.2018 submitted the following additional information pertaining to the proposal:- i. The said proposal has been uploaded by the user agency at Ministry’s portal and an unique number generated for the project i.e. FP/TG/MIN/25689/2017. ii. The User Agency M/s. SCCL has proposed for the grant of Mining lease for Kalyani Khani No. 6 Incline Underground Mining in Bellampally RF to an extent of 104.095 ha., Therefore, Compensatory Afforestation is not applicable as per 3.2(viii) (c) of Forest (Conservation) Act, 1980 handbook/ guideline. iii. The user agency has stated that clearance under Environment (Protection) Act, 1986 will be obtained before commencements of mining operations. iv. The user agency has furnished undertaking for payment of compensation for the loss of forests if any due to underground Mining. v. Inspected the site on 15.02.2018 and the proposed area is passing through compt. No. 350 of Bellampally RF to an extent of 104.095 ha. vi. There are no unique trees, protected archaeological and Heritage Site, Defence Establishment or any other important monuments are found. vii. The flora consists of mainly of Billudu, Tuniki, Teak, Nallamaddi which are sparsely scattered. viii. The undergrowth mainly consists of Teegadhari, Dante and Billudu. ix. The fauna present are Hares, Spotted Deer, Chinkara, Four Horned Antelope, Wild cat, Hyena and Wild Dogs. x. The site is degraded and is suitable for water harvesting measures that can be taken up within the distance of 200 mtr, from the periphery of underground mining area under ANR. xi. The site is situated near shankarpalli village at Bellampally range. xii. As per para 3.2 (viii)(c) of Chapter-3 of the guideline of Forest (Conservation) Act, 1980, no Compensatory Afforestation shall be insisted upon in respect of the proposals for underground mining in forest land below3 meters. However, in respect of forest area required for surface rights, compensatory afforestation shall be required as per relevant provisions. As the present proposal is for underground mining, no Compensatory Afforestation has been proposed. The Surface use is proposed by User Agency is outside the notified forest. 4. The forest land proposed to be diverted has been inspected by Dr. MRG Reddy, APCCF (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 dated 09.08.2018 (Pg. 262-271/c) are as under:
i. The State Government of Telangana, Environment, Forests, Science & Technology (FOR.I) Department, vide its letter No.1443/For.I (1)/2018 dated 26.05.2018, has recommended and forwarded the statutory proforma proposal under the Forest (Conservation) Act 1980, submitted by the Principal Chief Conservator of Forests (HoFF), Telangana State, Hyderabad, for diversion of 104.095 ha. of forest land in Bellampally RF of Bellampally Forest Division in Mancherial District for grant of Mining lease for Kalyani Khani No.6 Incline (Underground Mining), Mandamarri area, Mancherial District to the Ministry of Environment, Forest and Climate Change, New Delhi with the request to obtain and communicate the approval of the Government of India, MoEF & CC for the proposal under Section 2 of Forest (Conservation) Act 1980. The present application
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is for prior approval for grant of mining lease for 104.095 ha. of forest land for underground rights for excavation of coal by underground mining method. ii. Location of the forest land proposed for diversion: The forest land of 104.095 ha. proposed for diversion is falling in Compartment No.350 (P) in Bellampally Reserve Forest, Bellampally Forest Division, Mandamarri area in the Mancherial District of Telangana. Mandamarri Shaft Block is proposed to be excavated by underground bord and pillar system of mining with continuous miner. iii. Need for the project proposal: It is stated by the project proponent that in order to meet the ever increasing demand for coal and the targets set by Government of India from time to time, the SCCL has proposed to increase coal production by opening new projects and expansion of existing mines. Accordingly, it has been planned to open a new mine Kalyani Khani No.6 Incline (new Underground Mine) in Bellampally RF, Bellampally FD, Mandamarri area of Mancherial District of Telangana. iv. Salient features of the project proposal: A. Proposed land use It is stated as below – Reserve forest land - 104.095 ha. Non-forest land - 303.285 ha. ------407.380 ha. ------(Note: Part of mine take area to the extent of 14.23 ha. falls under North Godavari mining lease, which was granted already. So 421.61 ha – 14.23 ha = 407.380 ha) B. Mining reserves: The minable reserves estimated in the Kalyani Khani No.6 Incline mine are 15.65 MT. It is proposed to extract coal with the Continuous Miner Technology. The rated capacity of the project is arrived at by taking average output over the life of the mine, which is around 8.00 LT per annum (Peak capacity of 12.30 LTPA). The total life of the project is 19 years, including the period of accessing the coal deposit. The lease period of the forest land proposed is 25 years, including for pre-mining and post-mining activities.
C. Cost of the project:Cost of the project is estimated at Rs.477.65 crore and employment of about 785 persons will be generated during the mining operations. The project proposal does not involve any displacement of people.
D. No felling of trees: Since the project is underground mining, there is no need for felling of trees in the proposed area.
E. Diversion of Palavagu Nallah:It is projected that during the 8th year of the project, part of the Palavagu Nallah, about 923 mts. flowing in the forest land, is to be diverted by acquiring 5 ha. non-forest land.
F. Subsidence Studies:The project proponent has submitted the report on Subsidence Studies, which has recommended for underground mining in that area.
5. Flora and fauna: There are no rare / endangered / unique species of flora and fauna found in the area proposed for diversion. The proposed area is not falling in any National Park, Wildlife Sanctuary, Bio-sphere reserve, tiger reserve or elephant corridor, wildlife migration corridor, etc.
The forest types are, as below –
Group : Tropical Dry Deciduous forests
Sub Group 5A : Southern Tropical Dry Deciduous forests.
Flora : Boswellia serrata, Pterocarpus tomentosa, Pterocarpus marsupium, Chloroxylon swietenia, Acacia nilotica, Aegle marmelos, Lagerstroemia parviflora, Lannea coromandelica, Zizyphas xylopyrus, Derris indica, etc. Not much teak is found there.
The density is 0.1 to 0.2
Fauna : The Tiger is to be predominant species earlier, which is not the case now. Other species are Leopard, Leopard Cat, Jungle Cat, Common Langur, Wolf, Jackal, Indian Fox, Sloth Bear, The Gaur, Nilgai, Four Horned Antelope, Sambar, Chinkara, etc.
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6. The Compensatory Afforestation:As per para 3.2-viii-c of Chapter -3 of the guidelines of Forest (Conservation) Act 1980, no compensatory afforestation shall be insisted upon in respect of the proposals for underground mining in forest land below 3 meters. As the present proposal is for underground mining, no compensatory afforestation has been proposed. The surface use proposed by the user agency is outside the notified forest.
7. Remarks and Recommendations of Additional PCCF (Central):As proposed by the State Government, keeping in view that it is underground mining, which would not have much deleterious effect on forest crop, the project proposal is recommended for approval subject to usual conditions, especially and essentially subject to the following: -
a) The compliance of obtaining environment clearance has to be ensured before the grant of Stage II clearance. b) The project proponent has to be requested to maintain and enrich further the forest crop above surface, so that the density would attain at least 0.6 to 0.7. In view of the above facts related to the proposal, it is proposed that proposal with the Site Inspection Report as submitted by the Regional office (South Eastern Zone), Chennai, may be submitted to the FAC for its consideration in its forthcoming meeting scheduled to be held on 30.08.2018. ****
Agenda No. 10 File No.8-216/1985-FC (pt. I)
Sub: Diversion of 4,902.00 hectares of forest land in favour of M/s. Singareni Colliery Company Limited for 2nd Renewal of Tandur Mining Lease.
1. Government of Telangana vide their letter dated 13th November 2014 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 4,902.00 hectares of forest land in favour of M/s. Singareni Colliery Company Limited for 2nd Renewal of Tandur Mining Lease. 2. Details indicated in the proposal submitted by the Government of Andhra Pradesh are as below:
FACT SHEET
1. Name of the proposal Diversion of 4,902.00 hectares of forest land in favour of M/s. Singareni Colliery Company Limited for 2nd Renewal of Tandur Mining Lease
2. State/Union Territory Andhra Pradesh
(i) District Adilabad.
(ii) Forest Division Bellampally.
(iii) Area of forest land proposed for 4902 hectares diversion (in Has.)
(iv) Legal status of forest 1. The Reserve Forest Block Tandur was notified U/s 19 of Hyderabad Forest Act No 2 of 1355 F vide Gazette No. 268,Dated.18-10-1953. 2. The Reserve Forest Block Tandur Ext-1 was notified U/s 15 of AP, Forest Act 1967 vide Gazette No.5 B, Dated.19-06-1980.
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3. The Reserve Forest Block Bellampally was notified U/s 19 of Hyderabad Forest Act No 2 of 1355 F vide Gazette No. 9,Dated.15-03-1357 F. 4. The Reserve Forest Block Gurijal was notified U/s 15 of AP Forest Act 1967 vide Gazette No. 47- B,Dt.02.12 1982. G.O. Ms No.194F&RD (For-III) dt 28 04.1982. 5. The Reserve Forest Block Chopdi was notified U/s 19 of Hyderabad Forest Act No 2 of 1355 F vide Gazette No. 10,Dated 21-02-1956 F. 6. The Reserve Forest Block Madaram was notified U/s 4 of AP, Forest Act 1967 vide Go. Ms No. 1944 If & A, Dated.31-10-1969
(v) Density of vegetation This area is having different types of vegetation which is varying from 0.3 to 0.4
3 Species wise (scientific names) and This proposal is meant for 2nd renewal of Tandur Mining diameter class wise enumeration of trees Lease for Forest land in Bellampally Division, and the area (to be enclosed. In case of covers different coal mines of Tandur mining for SCCL. irrigation/Hydel project enumeration at Hence, there is no cutting of tree growth. FRL, FRL-2 meter an FRL - 4 meter also to be enclosed)
5 Whether forms part of National Park, The proposed lease area does not form part of National Wildlife Sanctuary, Biosphere reserve, Park, Wild Life sanctuary, Biosphere Reserve, Tiger Tiger reserve, Elephant corridor, etc. (If reserve, Elephant Corridor, etc. so, the details of the area and comments of the Chief Wildlife warden to be annexed).
6 Whether any work in violation of the Act No. 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.
7 Site inspection report of the DCF (to be The Inspection report is enclosed. enclosed) in respect to status of compliance of conditions stipulated during earlier approval.
8 Specific recommendations of the DCF for The SCC Ltd is a Government Company jointly owned by acceptance or otherwise of the proposal Govt. of AP & GOI. It is engaged in coal mining in state with reasons. of AP. The existing Tandur mining lease was renewed over a total extent of 7273 Ha of Forest Land in addition to 9013 Ha of non forest land.
The SCCL has submitted 2nd renewal of Tandur mining
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lease over a reduced area of 4902 Ha of Forest area in Chopdi, Madaram, Tandur and Bellampally Reserve Forest Blocks of Bellampally Forest Division.
The present lease period is expiring on 31-12-2014 and mining operations will have to be continued in this lease hold areas beyond the existing lease period for extraction of balance coal reserves estimated to be 145.31 million tonnes to meet the coal targets fixed by G01. To extract balance reserves mining is to be continued for next 20 to 30 years. Further reserves in the area under exploration are to be assessed for extraction. At present in the operating mines 2987 personi are working. Hence, there is need for 2nd renewal of Tandur mining lease over reduced area of 4902 Ha for another 20 years from the date expire of existing lease period so that Coal supply continued to Thermal Power Stations and other industries.
Hence, It is recommended to consider this proposal.
9 Recommendations
(i) Specific recommendations of the DCF for The SCC Ltd is a Government Company jointly owned by acceptance or otherwise of the proposal Govt. of AP & GOI. It is engaged in coal mining in state with reasons. of AP. The existing Tandur mining lease was renewed over a total extent of 7273 Ha of Forest Land in addition to 9013 Ha of non forest land.
The SCCL has submitted 2nd renewal of Tandur mining lease over a reduced area of 4902 Ha of Forest area in Chopdi, Madaram, Tandur and Bellampally Reserve Forest Blocks of Bellampally Forest Division.
The present lease period is expiring on 31-12-2014 and mining operations will have to be continued in this lease hold areas beyond the existing lease period for extraction of balance coal reserves estimated to be 145.31 million tonnes to meet the coal targets fixed by G01. To extract balance reserves mining is to be continued for next 20 to 30 years. Further reserves in the area under exploration are to be assessed for extraction. At present in the operating mines 2987 personi are working. Hence, there is need for 2nd renewal of Tandur mining lease over reduced area of 4902 Ha for another 20 years from the date expire of existing lease period so that Coal supply continued to Thermal Power Stations and other industries.
Hence, It is recommended to consider this proposal.
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(ii) Conservator of Forests The SCCL is a Government Company jointly owned by Government of Telangana & Government of India. It is engaged in coal mining in the State of Telangana. The existing Tandur mining lease was renewed over a total extent of 7273 Ha of Forest Land in addition to 9013 Ha of non-forest land during 1987 effective from 01.03.1985 and the mining lease on forest land expires on 28.02.2015.
The SCCL has submitted proposals for 2nd renewal of Tandur mining lease over a reduced area of 4902 Ha of Forest area in Chopdi, Madaram, Tandur and Bellampally Reserve Forest Blocks of Bellampally Forest Division.
The present lease period is expiring on 28.02.2015 and mining operations will have to be continued in this lease hold areas beyond the existing lease period for extraction of balance coal reserve estimated to be 145.31 million tones to meet the coal targets fixed by GOL To extract balance reserves mining is to be continued for next 20 to 30 years. Further reserves in the area under exploration are to be assessed for extraction. At present in the operating mines 2987 persons are working. Hence, there is need for 2nd renewal of Tandur mining lease over reduced area of 4902 Ha for another 20 years from the date expiry of existing lease period in accordance with the land as per the norms under the Forest Conservation Act,1980 so that Coal supply is continued to Thermal Power Stations and other industries.
The SCCL authorities have to submit separate fresh proposals for the extension of lease over the area where presently Madararn town ship with its infrastructure exists.
With regard to handing over of the area of 2371 Ha reserve forest area back to the Forest Department a decision has to be taken at the higher level since lot of changes have taken place at the field level which include encroachments, laying of roads, power lines, habitations coming up etc., near the Sonapur, Khairiguda, Abbapur, Bejjal, Narsapur and Madaram and other villages limits and the company is required to compensate for the mitigative measures if any required.
During the 2nd renewal period responsibility with regard to protection, maintenance and fixing of the boundaries of the reserve forest area falling within the proposed lease
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area of 4902 Ha etc., may be defined exactly as to the agency (User Agency/Forest Department) responsible for the same.
With the above observations it is recommended to consider the proposals and the proposals may be accepted.
(iii) Principla Chief Conservator of Forests Recommended
(iv) State Government. Signed.
3. Government of Telangana in their said letter dated 13th November, 2014 submitted following additional information:
(i) The user agency (SCCL), initially submitted proposal for 1st renewal of the lease vide letter dated 25th October 1984 for a total extent of 62.88 Sq. Miles involving 28.08 Sq. Miles of forest area for a period of 30 years from 01.01.1985. The Principal Chief Conservator of Forests while forwarding the proposal vide letter dated 12th April 1985 recommended for renewal of lease for 28.08 Sq. Miles. The State Government also while forwarding the proposal vide their letter dated 21st may 1985 recommended for 28.08Sq.Miles (which is equivalent to 7273Ha) for grant of Renewal for a period of 30 years.
(ii) However, the Ministry of Environment & Forest, Government of India while communicating prior approval vide their letter 4th cited mentioned the extent of Forest land as 2808 Ha. Instead of 28.08 Sq. Miles applied by SCCL for renewal and recommended by State Government.
(iii) Due to the above discrepancy in the extent of Forest land mentioned in the MOEF letter, M/s. Singareni Collieries Company Limited vide letters dated 30th August 2004 and 9th August 2005 requested the State Forest Department and Ministry of Environment & Forest, Government of India respectively for issuing modified orders correcting the extent of Forest land 28.08 Sq. Miles ( 7273 Ha.) against the 2808 Ha. mentioned in MOEF letter.
(iv) The Principal Chief Conservatory of Forest examined the request of M/s. Singareni Collieries Company Limited and requested the State Government in the letter dated 4th march 2010 to address Ministry of Environment & Forest for issue of modified orders correcting the extent of Forest land as 28.08 Sq. Miles (7222.69 Ha) as the extent of Forest land mentioned in Ministry of Environment & Forest letter as 2808 Ha. which might be a typographical error. The State Government also vide their letter dated 6th may 2010, 16th may 2011,, 10th April 2012 and 10th May 2013 requested Ministry of Environment & Forest to make the correction of typographical error in GOI approval in the letter dt.07.10.1986 indicating the area as 28.08 Sq. Miles. The modified orders from Ministry of Environment & Forest, Government of India are awaited. Further, the SCCL has also furnished an under taking to take responsibility for all complications at a later date with reference to the extent of Forest Area of the original Tandur mining lease and will abide by the orders of the MOEF&CC in this regard. All the old documents related to 1st renewal were countersigned by the General Manager, Bellampally. It has been also informed that original documents are not traceable.
(v) As the existing lease period is expiring on 31.12.2014, the user agency vide letter dated 16th April 2012 submitted application under F(C) Act, 1980 for 2nd renewal of the lease for a reduced extent of 4902 hectares along with relevant particulars / documents and plans for a further period of 20 years from 01.01.2015. While submitting the application the user agency has deleted an extent of 2371 hectares which is non coal bearing and as such no mining was done in this area during the existing lease period. Out of 146 | P a g e
4902 Ha. applied for renewal, 466.32 Ha. of Forest area was diverted for surface use for different purposes. In the forest area applied for renewal about 145.31 million tones of coal reserves are available for extraction. As advised by the PCCF, the user agency vide letter dated 3rd July 2013 has submitted revised application with additional information.
(vi) The GOI, MoEF vide letter No.8-216/85-Fry (Cons) dated 7th October 1986 accorded approval for renewal of Tandur Mining Lease over an extent of 2808 Ha. of Forest land under Sec.2 of Forest (Conservation) Act 1980 for a period of 30 years. The lease is valid up to 31.12.2014. SCCL in their Lr.dt.16.4.2012 furnished application for renewal of the lease for a reduced extent of 4902 Ha. for a further period of 20 years w.e.f. 1.1.2015.
(vii) The Singareni Collieries Company Limited is a Public Sector undertaking jointly owned by Government of India and Government of Telangana State. The activities of SCCL are spread over in Khammam, Warangal, Karimnagar and Adilabad Districts. Presently, SCCL is having 30 Mining Leases and operating 37 underground mines and 13 Opencast mines producing about 50.00 Million Tonnes of coal per annum.
(viii) The present proposal is for prior approval of 2nd Renewal of Tandur Mining Lease over a reduced area 4902 Ha. of Forest area in Chopri, Madaram, Tandur and Bellampalli RF Blocks, Bellampalli Forest Division. The Total area involved in this renewal of Mining Lease is 12611.70 Ha. of which 4902 Ha. is Forest land and the balance 7709.70 is non-forest land. Out of 4902 Ha. of Forest area, 466.32 Ha. of Forest area was diverted for surface use for different purposes as detailed below and the balance forest area is 4435.68 Ha. (4902 - 466.32) is required for underground Mining.
Sl. Extent Purpose MoEF Ref. No. dt Date No. (Ha) Approach from road Goleti-1Incline to 6.50 8-89/84 FRY(Cons), dt.25.7.1985 1. CHP 2. BPA OC / Block-A(MVK60C) 33.45 8-380/84-FRY(C) dt.31.5.1989 3. Goleti-l Incline 9.00 8-104/90-FC dt.16.12.1994 4. Goleti-l Incline, Mine Area & Road 12.50 8-89/91-FC dt.23.2.1996 5. BPA OC-II / Block-B 32.70 8-11/96-FC dt.26.12.1997 6. Khairagura OCP Approach Road 29.85 8-24/94-FC dt.28.9.2000 7. Khairaqura OCP 140.30 8-102/2000-FC dt.10.9.2003 Goleti-1A Incline UG Mine & 4.56 F(C)/ A/11.2/105/AP/MIN, dt.10.6.2004 8. Infrastructure
9. BPA OC-II / Block - C 28.62 F(C)/A16.1./74/ APMIN, Dt.6.6.7.2006 10. Shaft sinking at Shanthi Khani Longwall 4.88 8-87/2001-FC, dt.14.7.2008 11. Khairagura OCP 126.71 8-28/94-FC dt.1.7.2011 12. Goleti OCP (BPA OC-I) 37.25 GO.O.No.180 dt.16.4.1982 Total 466.32
(ix) The presented Lease period is expiring on 31.12.2014 and Mining operations will have to be continued in this lease area beyond the expiry of the lease period for extraction of balance coal reserves estimated to be 145.31 million tones in ongoing mines to meet the coal production target fixed by the Government of India from time to time. To extract the balance coal reserves the mining is to be continued for the next 20 to 50 years.
(x) Hence, there is a need for 2nd Renewal of Tandur Mining Lease over 4902 hectares involving 466.32 147 | P a g e
hectares for surface use for another 20 years from 1.1.2015.
(xi) The forest area is having different types of vegetation which is varying from 0.3 to 0.4.
(xii) The area does not form part of National Park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc.
(xiii) Information of girth class-wise number of trees to be felled is not required in this case, as no felling is involved in the present proposal. The area is covered with thick bushy growth in some parts and the species existing are Togaru Mogili, Tiruman, Neem, Maddi, Kodisa and Teak with a height ranging from 3 to 5 mtrs. and the common fauna observed In the area are Adina cordifolia, Boswellia serrata, Buchanania latifolia, Chloroxylon Swietlnia, Cleistanthus Collinus, Diospyros melanoxylon, Emblica officinalis etc.
(xiv) The forest area to be deleted from the 2nd renewal has been perambulated along with the SCCL officials and Bellampally Division staff. During the inspection following observations were made. The Forest area to be deleted from the 2nd renewal of RTML is falling as follows:
(a) Compartment Nos; 318, 317, 307, 308, 296, 294, 292, 291, 288 (at 2 places), 285,286 at southern side of the TML (4 patches).
(b) Compartment Nos.277, 279, 278, 284, 280, 293, 281, Northern side of the northern part of the TML (1 patch).
(c) Compartment Nos.306 (at 2 places), 337, 339, 340, 341 central part of the stretch (3 patches).
(xv) The important flora and fauna found in the area:
a) "Adina cordifolia, Aegfe marmefos, Ailanthus excels, Anogeissus latifolia, Azadiracta indica, Boswellia serrata, Buchania lanzan, Chloroxylon Swietenia, Cleistanthus, Diospyros melanoxyfon, emblica officinalis (Phyllanthus emblica), Grewia tilliaefolia, Madhuca indica (Bassia fatifolia), Ougenia oojeinensis (Gugenia dalbergiaidesJ, Tectona grandis, Terminalia tomentosa, Term ina Iia bel/erica, Terminalia arjuna and Zizyphus, syloporous
(xvi) Fauna found in this area is Wild Pig, Spotted Deer, Bear etc.
(xvii) The areas where Mining has already been completed and where no mining is contemplated in the next 10 to 20 years covering an extent of 2371 Ha. has been excluded.
(xviii) The District Collector and Chairman of the District level Committee has issued RoFR certificate as required under Recognition of Forest Right Act for an area of 126.71Ha and 108.78Ha respectively vide letter dated 06.05.2011 and 06.022012, for remaining area RoFR certificate is to be obtained and submitted.
4. The forest land proposed to be diverted has been inspected by Addl. Principal Chief Conservator of Forests (Central), Regional Office (South- Eastern Zone), Chennai. Additional information furnished in the Site Inspection Report submitted by the Regional Office (South Eastern Zone), Chennai vide their letter dated 16th December 2014 are as below:
(i) Site inspection of the project was done by Shri K.S. Reddy, Addl. Principal Chief Conservator of Forests (Central), Regional Office South Eastern Zone), Chennai on 10.12.2014. The General Manager, SCCL, Bellampally and General Manager (Estates), SCCL, Adviser (Forestry), SCCL, and local forest officials were present during the inspection. (ii) SCCL vide letter dated 16.04.2012 (two years in advance as required) submitted application for grant of permission /renewal of already granted permission under Forest (Conservation) Act, 1980 for an extent
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of 4902.0 Ha. out of 7273 Ha (28.08Sq.Miles) forest land included in the mining lease area (M.L. granted vide G.O.-MF-No.150 dated 12.02.1990 of I & C Department GoAP validity from 01.01.1985 to 31.12.2014). The 4902 Ha area is part of the 12611.70 Ha proposed for renewal under MMDR Act after surrendering 3674.30Ha from the original mining lease area of 16285.92Ha of mining lease (including forest and non-forest land). The State Government recommended prior approval of GoI under Forest (Conservation) Act, 1980 for 2nd renewal of Tandur mining lease over an extent of 4902.0 Ha of forest land involving 466.32 Ha of surface use. (iii) The proposed area for renewal of Mining Lease is outside Wildlife Sanctuaries, National Parks and also outside Eco Sensitive Zone. The afforested over burden dumps of worked area of BPA OCP-II need further augmentation and stabilization. (iv) As per the application submitted by the M/s SCCL the requirement of 4902 Ha of forest land is as follows: (a) Existing mines : 2122.53 Ha (b) New mines under formulation : 1528.38 Ha (c) Area under exploration : 1251.09 Ha (v) Out of 2122.53 Ha indicated against the existing mines the following mines have been reportedly closed: A. MVK-3 incline :119.47 Ha B. MVK-5 incline :243.29 Ha C. Goleti-2 incline 84.82 Ha D. MVK-6 incline 88.31 Ha Total 535.89 Ha (vi) Abbapur OCP is not a working mine against which an area of 165.92 Ha has been shown. However, it was informed that, the details of reserves and plan for extraction is in place. Thus, the area under working mines works out to 1427.22Ha. as per details given in the table below:-
S.No Name of mine Area (Ha.) Details of FC Clearance
1 Shantikhani (UG)-Working 357.80 MoEF Lr.No.8-216/85-Fry(Cons), dt.7.10.1986 2 Goleti 1&1 A (UG)- Working 525.26 (covered in Tandur Mining Lease)
Approach road from Goleti-1 8-89/84FRY(C), 25.7.1985 3 6.50 Incline to CHP
4 BPA OC-1 (Goleti OC) 37.25 ------
5 BPA OC-II (Block AB & C ) 94.77 ------
6 Khairguda OCP 296.86
8-21/2009-FC dt.4.9.2014 (Maximum of 30 years co-terminus with period of lease 7 BPA OC-II Extension 108.78 proposed to be granted under MM (DR) Act 1957)
Total 1427.22 (vii) No detailed information with regard to available reserves in respect of the areas shown under new mines under formulation (1528.38 Ha) and area under exploration (1251.09 Ha). Therefore, the FC proposal in
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respect of 1528.38 Ha + 1251.09Ha may be considered only after detailed assessment of availability and plan for extraction is furnished. In the meantime permission may be granted for exploration in this area.
(viii) The validity of all the above clearances is co-terminus with the Mining lease under MMDR Act which is upto 31.12.2014. No details have been provided in respect of 2907.95 Ha as to how much area is meant for opencast mines and how much for underground mines. Even, assessment of the potential reserves seems to be in complete.
(ix) In the area for which FC was granted for underground mining, more than 50 million tonnes coal is still available for extraction through underground mining. There is no perceptible damage due to underground mining due to subsidence etc. Therefore, it is recommended to consider renewal of permission granted for underground mining, approach road and surface rights in respect of 1427.22 Ha area. In the area, where open cast mining is taking place, 18.4 million tonnes of extractable coal is still available.
(x) Since, no details are available with regard to availability or plans to extract coal, there does not appear to be any justification to grant permission under FC Act for the 3474.78 ha area. However, it is recommended to grant permission for exploration of coal in the remaining area of 3474.78 ha with a condition to provide special protection measures to the area against encroachment, fire etc. at the cost of User agency. Separate proposal for an independent mining lease after exploration may be considered.
(xi) In Khairaguda OCP, dumping has already been completed at Aregudam dump. However, some gullies have been observed. The SCCL’s authorities have been advised to take up rectification works including engineering structures like Gabions, formation of internal drain along the decks of OB to ensure effective control of soil erosion.
(xii) SCCL has voluntarily taken up plantation in 85 Ha of degraded forest area in Goleti Block, with the permission of State Forest Department. The plantations have come up very well.
(xiii) Regarding Certificate under RoFR Act, it has been informed by the authorities of the Singareni Collieries that they have obtained the required certificates from the District Collector and will be submitting soon. (xiv) The roads and transmission lines in the lease area are laid by Government Departments as approaches to various villages covered in the lease area as well as out- side the lease area and also to supply power to the habitations.
(xv) For the original lease area, standard pillars along the periphery of the lease have been constructed. For the now applied area of the reduced extent, only, small pillars of 1’ height are grouted.
(xvi) There is an existing Staff Colony (Madaram township). The Govt. of A.P. vide G.O.Ms.No.417, dt.13.6.1978 issued orders alienating 340 Acres of forest land for colony and the colony is existing since then.
(xvii) The Forest Dept. has raised plantations at different places in the forest area leased to SCCL.
(xviii) It is reported that, some portion of the area proposed for underground mining has been allotted under RoFR Act.
5. Addl. Principal Chief Conservator of Forests (Central), Regional Office (South Eastern Zone), Chennai in his said Site Inspection Report (SIR) recommended that to meet the coal requirement of the country / newly formed State of Telangana as well as to utilize already developed infrastructure, proposal to renew the FC Clearances granted for open cast mining/Underground mining in respect of 1427.22 Ha including required permission for surface use may be accepted. In addition, he also recommended to grant permission for mining in respect of areas used without FC Clearance stipulating Penal Compensatory Afforestation subject to the following conditions: -
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(i) The surface area of the underground mine will be planted with high value native timber and NTFP tree species by the user agency at their cost and maintain it for the life of the project.
(ii) Cement concrete pillars of 4 feet height at 20 meters interval shall be constructed all along the boundary of the area for which permission is proposed to be granted.
(iii) Special fire protection measures shall be carried out in the area applied for renewal as well as adjoining forest areas.
(iv) NPV, CA, etc. shall be paid, as per the existing guidelines.
(v) Habitat improvement plan shall be prepared for the forest area within 5 km from the boundaries of the mining lease area and shall be implemented by Forest Department at the cost of User Agency. (vi) Public utilities like roads and electric lines shall be continued in the area being diverted. The same can be removed only after making alternative arrangement with the consent of the local people using the facilities. 6. The above mentioned proposal was considered in the last Forest Advisory Committee (FAC) in its meeting held on dated 22nd December, 2014.
7. FAC after detailed deliberations recommended that Ministry may issue a corrigendum to the letter dated 7th October 1986 wherein the MoEF communicated its decision to grant approval under the FC Act for 1st renewal of the said mining lease to the effect that area of forest land which has been mentioned in the said letter as 2,808 hectares shall be read as 28.08 square miles or 7,273 hectares provided State Government and the user agency shall submit undertakings to the effect that from the records available with them they are certain that mention of 2,808 hectares in place of 28.08 square miles in the MoEF’s said letter dated 7th October 1986 is purely a typographical error and they take full responsibility for any complications which may arise at a later date in respect of issue of corrigendum by the MoEF to rectify the said typographical error and they will abide with any directions, including direction to make payment of any sum, which the MoEF may issue in this regard on any future date.
8. FAC also recommended to accept recommendation of the Regional Office (Southern Zone), Chennai to grant approval under the FC Act for diversion of 1,427.22 hecatres of forest land for second renewal of the mining lease subject to general conditions, standard conditions applicable to mining projects and the following additional conditions:
(i) The Regional Office (South Eastern Zone), Chennai having jurisdiction over the forest land proposed to be diverted, shall enquire into the circumstances under which the State Government vide their order dated 16th April 1982 allowed the user agency to utilised 37.25 hecatres of forest land in Goleti OCP (BPA OC- I) without obtaining prior approval of Central Government under the FC Act and shall file complaint against persons prima-facie found guilty of violation of the FC Act; (ii) State Government shall raise penal compensatory afforestation from funds to be realized from the user agency, over degraded forest land five times in extent to the 37.25 hecatres of forest land in Goleti OCP (BPA OC-I) which has been utilised for non-forest purpose without obtaining the requisite prior approval of Central Government under the FC Act;
(iii) State Government shall realize from the user agency penal NPV @ 20 % of the rates applicable on the date of grant of the Stage-I approval, of 37.25 hecatres of forest land located in Goleti OCP (BPA OC-I) which has been utilized for non-forest purpose without obtaining prior approval under the FC Act for each year or fraction thereof. (Explanation: In case a patch of forest land has been utilized for non-forest purpose without obtaining approval under the FC Act for 3 years, penal NPV to be realized in respect of such forest land will be at the rate of 60 % of the rates applicable on the date of grant of stage-I approval);
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(iv) State Forest Department shall prepare and implement a plan for afforestation and maintenance of surface area of the underground mine with high value native timber and NTFP tree species with special emphasis on protection of the area, which may include the fencing of the area as per requirement, engagement of the forest watchers, establishment of watch huts, provision of firearms and communication/wireless communication equipment’s, patrolling vehicles, from funds to be provided by the user agency;
(v) The user agency shall submit an undertaking that prevention of any encroachment over the surface area of the forest land being used for underground mining will be its primary responsibility and in the event of any encroachment the user agency will be liable for any punishment, as may be decided by the state government, or any action which the state government may feel it necessary to be taken to restore the forest land from encroachment;
(vi) The user agency shall give a bank guarantee of the amount, as may be decided by the state Government, to ensure the prevention of the encroachment of the forest land on the surface of the underground mine which will be liable for forfeiture in the event of failure of the user agency in preventing the encroachment;
(vii) State Forest Department shall also prepare and implement a plan for afforestation and maintenance for area free from encumbrances within 2,371 hectares of non-coal bearing forest land which has been deleted from mining lease while submitting the application for 2nd renewal of the mining lease with special emphasis on protection of the area, which may include the fencing of such area, engagement of the forest watchers, establishment of watch huts, from funds to be provided by the user agency;
(viii) Since the protection of the forest area within the lease is the primary responsibility of the user agency, even if no such condition is stipulated in central government’s approval under Forest (conservation) Act 1980, to make good of loss of the forest due to encroachment the state government shall undertake additional compensatory afforestation over degraded forest land equal in extent to the forest lost due to encroachment at the project cost
(ix) The state Government should prepare and implement plan for removal of encroachment and restoring the forest in collaboration with user agency and at the cost of the project.
(x) State Forest Department and the user agency shall undertake, from funds to be provided by the user agency, special fire protection measures in and around the forest land proposed to be diverted the area applied for renewal as well as adjoining forest areas;
(xi) User agency shall provide funds for preparation and execution of a plan for improvement of habitat for wildlife in the area located within 5 km from boundary of the mining lease;
(xii) In Aregudam dump in Khairagura OCP where some gullies have been observed during site inspection by concerned Regional Office of the MoEFCC, the user agency shall undertake appropriate rectification works/biological reclamation works including engineering structures like Gabions, formation of internal drain along the decks of OB and plantation to ensure effective control of soil erosion. To ensure that soil conservation works/ rectification works are carried out properly the user agency shall give a bank guarantee of the amount, as may be decided by the state Government, which will be liable for forfeiture in the event of failure of the user agency in carrying out soil conservation works/ rectification works; and
(xiii) Public utilities like roads and electric lines constructed in the forest land proposed to be diverted after obtaining requisite approval under the FC Act shall not be removed till alternative arrangement with the
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consent of the local people using these facilities are made by the user agency after obtaining requisite approval under the FC Act, wherever required. 9. The FAC further recommended that approval of the competent authority for issue of afore-mentioned corrigendum shall be sought only after requisite undertakings from the User agency and the State Government are received. 10. The FAC also recommended that approval of the competent authority grant of approval under the FC Act for diversion of forest land for 2nd renewal of the mining lease shall be sought only after receipt of following information.
(i) copy of certificate in the prescribed format in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006 on the forest land proposed to be diverted along with a copy of the resolution of the concerned gram sabhas containing their consent for proposed diversion of forest land.
(ii) Details and the extent of the area encroached/ used for non-forestry purpose in 2371 ha of non-coal bearing forest land which has been deleted from mining lease while submitting the application for 2nd renewal of the mining lease. (iii) Provision made in approved mine closure plan for closure of following closed mines and actual action taken to close these mines: (a) MKV-3 incline: 119.47 hectares (b) MKV-5 incline: 243.29 hectares (c) Goleti-3 incline: 84.82 hectares (d) MKV-6 incline: 88.31 hectares
11. The FAC also recommended that the State Government may be advised to examine, in consultation with the Ministries of Coal and Mines the validity of their action to execute the lease deed for 1st renewal of mining lease for a period of 30 years with effect from 1st January 1985 to 31st December 2014. State Government, under intimation to the MoEF take appropriate corrective or punitive action(s), in case it is found by any of these Ministries that the same was in contravention of the Rules which were in force on the date of execution of the said renewal deed. 12. The above recommendations were communicated to the State Government of Telangana vide this Ministry’s letter even number dated 23rd January, 2015 (Pg. 771/c). The State Government of Telangana vide their letter No. 3114/For.I (1)/2014 dated 10th July, 2018 (Pg. 773-836/c) the point wise reply furnished by the PCCF Telangana is given as under:
(i) Certified copy of resolution of the concerned Gram Sabah containing their consent for proposed diversion of forest land: In this regard the State Government informed that the Certified copy of resolution of the concerned Gram Sabah containing their consent for proposed diversion of forest land has already been submitted to State government vide PCCF Rc. No. 16474/2012/FCA-1/TS dt.11.01.2016.The same is enclosed for ready reference.
(ii) Details and the extent of the area encroached / used for non-forestry purpose in 2371 ha. of non- coal bearing forest land which has been deleted from mining lease while submitting the application for 2nd renewal of the mining lease: In this regard the State Government informed that the details of extent of encroached area in the deleted area of Tandur Mining Lease, which has been deleted from the mining lease while submitting the proposals for 2nd renewal of Tandur mining lease are as follows: Encroa Encroach chment Encroa Name ment area S. Name of the Name of Compt. area chment of the in Ha. No Section the Beat No. shown area in Range (Village/Q by Ha. uarters) SCCL. 1 2 3 4 5 6 7 8 1 295 52.12 66 0 Rebbana Abbapur
2 pally 296 35.98 141 0
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3 301 0 117.1 0 4 300 0 8.79 0 5 278 0 0 0 6 Edulawada 280 0 0 0 7 281 0 21.61 0 8 307 71.72 71.77 0 9 Madaram Madaram 317 0 13.26 65.54 10 318 0 16.28 0 Takkalapall 11 Takkalapally 339 0 60.34 0 y Bellampally Total 159.82 516.15 65.54 12 284 0 0 13 285 0 0 14 286 7.01 0 Devaiguda 15 291 8.31 0
16 292 26.7 0 Devaiguda 17 293 31.36 0
Tiryani 18 277 7.1 0 Meddi 19 279 1.25 0 20 288 21.13 0 Kannepally 21 294 3.89 0 Tiryani Total 0 106.75 0
Division Total 159.82 622.9 65.54
Total Encroachment Area : 688.44 ha Encroachment area shown by the SCCL: 159.82 ha Difference : 528.62 ha (iii) Reasons for 1st renewal of mining lease for a period (of 30 years) more than the maximum period (of 20 years), as stipulated in Section 8(2) of the Mines and Minerals (D&R) Act, 1957, along with certified copy of all relevant documents pertaining to renewal documents pertaining to renewal of mining lease: In this regard the State Government informed that the User Agency i.e. M/s Singareni Collieries Company Ltd. Bellampally Area, Goleti in their report vide Lr. No.BPA/EST/M-3F/57, dated 29.02.2016 has stated that, the GoI vide MoEF Lr.No.8-216/85-Fry(Cons), dated 07.10.1986, has granted prior approval for a period of 30 years, at the time of first renewal of Tandur Mining Lease. In pursuance to the approval under FC Act, the State Govt. vide G.O.Ms.No.150, dated 12.02.1990 has also renewed the lease under M&M (D&R) Act, for a period of 30 years. The copies of G.Os are enclosed herewith for kind perusal. (iv) Examination and taking necessary action by State Govt., in consultation with the Ministries of Coal and Mines the validity of their action to execute the lease deed for 1st renewal of mining lease for a period of 30 years w.e.f., 1st January, 1985 to 31st December, 2014; and: In this regard the State Government informed that the reply is covered in point No. 3. (v) Taking appropriate corrective or punitive action(s), in case it is found that the 1st renewal of mining lease for a period of 30 years, rather than 20 years, is in contravention of the Rules / Acts which were in force on the date of execution of the said renewal deed: In this regard the State Government informed that the reply is covered in point No.3.
Further, with reference to the point-wise reply on the point -2, regarding the encroachments area, it has been requested to the CF, adilabad vide reference 8th cited to furnish the information on the encroachments. Vide ref 9th cited dated 21.04.2018 , the CF & FDPT, Kawal TR, Nirmal has submitted the remarks which has been called vide ref 8th cited. In the ref cited dated 21.04.2018, the CF & FDPT, Kawal TR, Nirmal has informed that, the Singareni Collieries Company Limited (A Government Company) has submitted proposal for 2nd renewal of Tandur Mining Lease for 4902 Ha (including areas for underground and surface use purposes) duly 154 | P a g e
excluding 2371 Ha where no mining was carried out. Further, the CF & FDPT, Kawal TR, Nirmal has informed that the Forest Divisional Officer, Bellampally vide reference Rc.No.1485/2012/S4, Dated:10- 04-2018 has submitted a report that, a meeting with Forest officials of Mancherial and Asifabad Districts along with SCCL Authorities was conducted on 13-12-2017 on 2nd Renewal of Tandur Mining Lease. It is further reported that the CF & FDPT, Kawal TR, Nirmal has informed that in compliance to the instructions issued by the Prl. Chief Conservator of Forests (Head of Forest Force), TS Hyderabad Lr. No. 16474/2012/FCA-1/TS, dated 27.09.2016, 22.12.2017 & 23.01.2018 seeking specific information on details of encroachments in the deleted area of 2371 ha (7273-4902) and status of handing over the area to Forest Department have been examined and the SCCL herewith furnished the following information vide SCCL Lr. No. BPA/EST/M-3F/62, dated 14.03.2018.
(a) About encroachment in the deleted area: (i) Grant of Mining lease for underground mining will only give right to mine over a specified area only underground, but it would not confer any right to the SCCL for surface right. (ii) It is evident from the letter of the Prl. Chief Conservator of Forests (Head of Forest Force), AP, Hyderabad Rc.No. 18276/83/G2, dt: 12.04.1985 and State Government G.O. Lr. No. 15857- For.I/85-2, dt: 21.05.1985 (while recommending for 1st renewal as in reference 2nd and 3rd cited) “that SCCL will not have any rights above grounds (Surface rights) in Forest land i.e., forest areas under the control of Forest Department (Copies of letters enclosed)”. (iii) After grant of prior approval by GoI, MoEF & CC as in letter No. 8-216/85-Fry (Cons), dt: 07.10.1986, State Government vide G.O. Ms.No. 20, dt: 21.01.1987 while granting renewal have also specifically ordered that the SCCL will not have any rights (Surface right) in Forest land. (iv) Hence, wherever forest land was required for surface use in the mining lease, SCCL obtained separate approval over an extent of 466.32 Ha (out of 4902 Ha) for different purposes as mentioned in the Prl. Chief Conservator of Forests letter 7th cited. (v) Further, in the cases of leases granted for underground mining, there is no handing over and taking over unlike in case of Forest areas granted for surface use where diverted areas are handed over on Change Certificate. (vi) Since, SCCL does not have any right over surface, the might have been taken care by the Forest Department.
(b) Handing over of the deleted area to Forest Department:
(i) As mentioned under point No. (v) of (a) above, since the forest area was permitted for underground mining without surface rights, the lease area was not handed over to SCCL at the time of approval by the Forest Department. Hence, the question of handing over the deleted surface area back to the Forest Department does not arise and no UG Mining was carried out in this area. (ii) As shown on the TOPO Plan enclosed to the proposal, SCCL constructed boundary pillars along with revised boundary of 4902 Ha required for renewal. (iii) The deleted area of 2371 Ha is non coal bearing area and as such no mining was done during earlier lease period. Hence, the aspect of reclamation in underground does not arise.
It is also mentioned that the CF & FDPT, Kawal TR, Nirmal has informed that, in conclusion, it is submitted that SCCL was not conferred any surface rights over the lease area and they are not responsible for any kind of encroachment in 688.44 ha as it forms portion of deleted area of proposals furnished by SCCL at the time of renewal and it is further submitted that the question of handing the balance area does not arise since the SCCL has not obtained any surface rights over the mining applied areas. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the Forest Advisory Committee (FAC), in its meeting scheduled to be held on 30.08.2018. ****
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Sandeep Sharma, AIGF (FC) Additional Agenda No. 1 F. No. 8-58/2018-FC
Sub:- Representation for issue of permission under Section 2(iii) of Forest Conservation Act, 1980 in favour of OSCOM Mines of M/s Indian Rare Earths Limited at Matikhola, Ganjam to facilitate execution of lease deed over an area of 2464.054 ha, containing 157.702 ha of DLC forestland. 1. Vide placed at F/R is photocopy of the letter as received from the Government of Odisha vide their letter No. 10F(Cons) 7/2018-18353/F&E dated 23.08.2018 submitted a representation without attachments/annexures/documents as mentioned in referred letter for issue of permission under Section 2 (iii) of Forest Conservation Act, 1980 in favour of OSCOM Mines of M/s Indian Rare Earths Limited at Matikhola, Ganjam to facilitate execution of lease deed over an area of 2464.054 ha, containing 157.702 ha. of DLC forestland. 2. It is also mentioned that the Government of Odisha vide their letter No. 10F(Cons) 7/2018-6146/F&E, Bhubneswar, dated. 16.03.2018 was earlier submitted a proposal under Section 2 (ii) of Forest (Conservation) Act, 1980 for diversion of 157.702 h of DLC forest land including 5.660 ha of DLC forest land in safety zone in mouza Humuri Bana, Agasti Nuagaon and Arjipalli within total ML area of 2464.054 ha under Chhatrapur Tahasil of Ganjam District, Odisha in favour of Indian Rare Earths Ltd, Orissa Sand Complex (OSCOM) for mining and separation of heavy minerals like Ilmenite, Rutile, Zircon, Sillimanite, Garnet and Monazite from beach sand. The said proposal was dealt in the FC Division in file no. 8-15/2018-FC. The facts contain in said proposal is as under:
i. It was reported that the Indian Rare Earth Ltd. (IREL) was incorporated as a Private Ltd. company on 18.08.1950 jointly owned by GoI and Government of Travancore (Cochin) with the primary intention of taking commercial scale of processing of Monazite sand at its 1st unit namely Rare Earth Division, Aluva (Kerala) for recovery of Thorium . IREL become a fully owned GoI Central Public Sector Undertaking under the administrative control of the Department of Atomic Energy (DAE) in 1963. ii. This Govt. of India Company is having four production units as (i) Mineral Division at manavalakurichi (TN) (ii) Mineral Divsiion at Chavara (Kerala), (iii) Orissa Sands Complex (OSCOM), Chhatrapur (Odisha) and (iv) Rare Earth Division (REED) at Aluva (Kerala). IREL, OSCOM unit was commissioned to exploit the huge placer deposit across mining area of 24.64 sq. K to produce 2,20,000-ton Ilmenite having 50% TiO2 content and associated minerals. The purpose of beach sand mining is to recover Ilmenite, Rutile, Zircon, Monazite, Gamet and Sillimanite from the dune sand material. A stretch of 18 Km with an average width of 1.5 km is earmarked as mining leasehold area of OSCOM. iii. After the Central Government conveyed their approval to grant mining lease under section 5 (2) and 11(4) of the MMDR Act, 1957 in favour of M/s IREL and grantee agreeing to the terms and conditions of grant, the mining lease was granted in favour of IREL over 7400 acres (2994.7389 ha) by the State Government in erstwhile Mining and Geology Department proceeding No. III (L) M-1/72-6038/MG dated 07.06.1973 for mining of dune sand material containing Ilmenite, Rutile, Zircon, Monazite, Garnet and Sillimanite in village Uppulaputi, Basanputi in Chhatrapur sub-division of Ganjam district for a period of 20 years. iv. The ML area as reduced to 7111.20 acres or 2877.76 ha after field survey. The lease deed during original ML period was executed on 21.03.1979 having validity of 20 years i.e. up to 20.03.1999. IREL submitted 1st renewal of mining lease application to Collector, Ganjam on 19.12.1997 for 2728.49 ha . The Government of Odisha, Department of Steel & Mines vide their proceeding No. 94159/III (D)SM/2/01(pt.) dated 15.09.2005, granted revised 1st RML over 2464.054 ha for 20 years after final survey and demarcation. The lease deed was executed on 27.10.2005 having validity from 21.03.1999 to 20.03.2019 during 1st RML period. v. As reported in office letter no. 2776 dated 11.10.2012 of Settlement Officer, Ganjam-Koraput Major Settlement Berhampur, date of final publication of RoR of villages coming within the ML area is between 19.03.1976 to 03.05.1977 which is prior to 25.10.1980. In course of original lease period the entire area of ML was treated as non-forest land. DLC forest land was finalized in the year 1998 consequent upon the judgement dated 12.12.1996 in WP(C) no. 202/1995, was found to be within lease hold at a later stage in 2010 which contain valuable strategic atomic minerals i.e. Ilmenite, Rutile, Zircon, Monazite, Sillimanite and Garnet. The non-cognizance of DLC forest land status of the proposed area is a failure of the revenue Dept. The details of 157.702 ha DLC forest in the three villages coming within ML area is given below: 156 | P a g e
S. No. Name of village Area of DLC forest in Acre. 1 Humuribana 218.149 2 Agastinuagaon 164.379 3 Arjipalli 7.155 Total 389.683 (157.702 ha)
As reported by the UA, mining project was operating since 1979 in the Southern Block. However, the user agency has planned to expand its activities in the northern block of the ML as well for which DLC forest land existing in the said portion of ML is required to be diverted under Section-2 (ii) of FC Act, 1980 for mining purpose to exploit the aforesaid rare and atomic minerals from strategic point of view.
vi. It is has been reported by the RCCF, Berhampur in his SIR that no portion of DLC forest land now applied for diversion, has been broke up in course of mining
The above proposal under Section 2(ii) was considered by FAC in its meeting held on 26.07.2018. FAC recommended the proposal with standard general and following specific conditions: i. The approval for the diversion of forest land shall be subject to CRZ clearance (if applicable). ii. The user agency’s work involves seashore sand mining, which is also the site for nesting of endangered Olive Ridley turtle. While the 52 Km length of sea shore is the location of nesting, out of this 5 Km length of sea shore with large sand beds on both sides of Rushikulya river is the mass nesting site, other areas are sporadic nesting sites. So, the area involving 5 km distance (2.5 km on both sides of Rushikuylya river mouth) to be religiously conserved without any disturbance as prescribed by Chief Wildlife Warden, Odisha vie letter No. 3536/WL(C)(SSP)-149/2012 dated 11th May, 2012 which is also endorsed by the user agency. iii. The proposed compensatory land is found to be a natural habitat of Peafowl and other shrub dwelling species, accordingly the existing thorny/shrubby vegetation ecosystem should be maintained, without any attempt to alter by undue over planting. However, soil moisture conservation should be given prime focus with possible creation of small water bodies and planting shall also be limited and confined to local thorny, fruit bearing species only. iv. User agency shall submit approved R&R plan before stage II approval. v. 320 ha of degraded forest land has been identified in Dumanagiri DPF of Khalikote range in Berhampur Division for taking up ANR with gap plantation @ 200 plants per ha with 10 years maintenance, Bamboo fencing around plantation and soil moisture conservation with staggered trenches. . This area will accommodate only 64000 plants. To compensate further the balance 800 plants per ha of plantation 120 ha of degraded forest land has been identified in Ranibar DPF of Rambha Section, Khalikote Range of Berhmpur Divison to accommodate balance ceiling 93,702 (157.702 ha x 1000 plants per ha. 320 ha x plants per ha) as per MoEF &CC Guideline dated 08.11.2017. The GPS reading of this plantation area at Ranibar has not yet been submitted .The same may be submitted prior to stage II approval. vi. It is learnt that the lease deed was executed on 27.10.2005 having validity from 21.03.1999 to 20.03.2019 during first RML.DLC forest land is a part of this lease. The DLC land was identified in Odisha in 1998.State government may clarify how the lease was executed (which include DLC forest land) in 2005 without prior approval of government of India.
The proposal file with the recommendation of FAC submitted for approval of competent authority. 4. Now the State Government vide their letter dated 23.08.2018 submitted a representation for issue of permission under Section 2 (iii) of Forest Conservation Act, 1980 in favour of OSCOM Mines of M/s Indian Rare Earths Limited at Matikhola, Ganjam to facilitate execution of lease deed over an area of 2464.054 ha, containing 157.702 ha, of DLC forestland, stating that the original lease deed was executed over ML area of 7111.20 Acres or 2877.76 ha on 21.03.1979 having validity of 20 years i.e. 20.03.1999. Having considered the 1st RML application, the Govt. of Odisha, Department of steel and Mines vide their proceeding No. 9159/III(D)SM/2/01 (pt.) dt. 15.09.2005, granted revised 1st RML over 2464.054 ha for 20 years after final survey and demarcation and the lease deed was executed on 27.10.2005 having validity from 21.03.1999 to 20.03.2019 during 1st RML period. Meanwhile, the State Government in Steel & Mines department vide its Proceedings No. 4409/SM dt. 1.6.2018 have extended the ML period of this mine of Beach Sand Minerals over an area of 2464.054 ha of M/s
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IREL till 31.03.2047 under Proviso to Rule 6 (ii) of the Atomic Mineral Concession Rules, 2016 subject to execution of a supplementary lease deed for the extended lease period from 21.03.2019 to 31.03.2047 and availability of statutory clearances within a period of three months. 5. The State Government also mentioned that MoEF&CC, Government of India vide their guidelines bearing F. No. 11-599/2014-FC dated 01.04.2015 has stipulated at para 3(i) that in case of mining lease, including those of Government authorities, having forest land in part or in full, approval of Central Government under Section 2(iii) of the FC Act for the entire forest land located within a mining lease shall be obtained for execution (including by way renewal) of a mining lease in accordance with the provisions of MMDR Act and Rules framed thereunder. While the matter stood thus, the user agency keeping in view the urgency of execution of supplementary lease deed for the extended ML period, has filed an application bearing No. 3564 ‘A’ dated 20.8.2018 before the Forest & Environment Department for recommending their case to MoEF&CC for grant of permission under Section 2(iii) of FC Act, 1980 pertaining to 157.702 ha. of forest land of the ML in question(F/X). 6. The State Government further reported that as per GoI. MoEF&CC guidelines bearing F. No. 11-85/2016-FC dt. 30.11.2016 read with Para (v) of their earlier guidelines vide No. 1l-599/2014-FC dt. 1.4.2015, prior approval of the Central Government under Section 2(iii) of FC Act. 1980 for signing of mining lease is subject to fulfilment of conditions such as (i) compliance of Forest Right, Act, 2006 pertaining to the forest land of the ML area (ii) Payment of NPV of entire forest area of the ML excluding the payment made if any earlier and its confirmation by Adhoc-CAMPA. While recommending the forest diversion proposal, the State Government have intimated that the user agency had deposited NPV for 157.702 ha DLC forest land involved in the mining lease @Rs.6,26,000/- per ha amounting to Rs. 9,87,21,452/- in the Compensatory Afforestation fund (CAF), Orissa A/c No. CA 1585 Corporation Bank vide Bank draft bearing No 489157 dated 10.08.2010. The user agency had also furnished an undertaking to pay differential cost of NPV If enhanced owing to the Hon’ble Supreme Court of India in future, if any. As regards, compliance of FRA. 2006 for this project, it was also indicated that the Collector, Ganjam had furnished certificate in prescribed format for the applied forest area i.e. 157.702 ha DLC forest land and proceedings of DLC dated 01.08.2017, SDLC held on dated 28.11.2016 & 29.06.2017 alongwith proceedings of Gram Sabha resolutions of Humar village dated 26.06.2015, Agastinuagaon village dated 28.112016 Arjipalli village dated 12.12.2016 both in Odia version and English version. All these documents were enclosed to the FDP in a separate volume then. As such, compliances required for considering the instant proposal for grant of permission under Section 2(iii) of FC Act, 1980 have already been fulfilled.
7. The State Government also requested to relax the MoEF&CC’s guideline No. 8-31/2016-FC dated 16.11.2016 for submission of proposal through on-line seeking prior approval under Section 2 (iii) of FCA, 1980.
As desired by the competent authority, the instant proposal may be placed before FAC as additional agenda in its meeting scheduled to be held on 30.08.2018 for their examination and appropriate recommendation. ****
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