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31St July, 2019

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31St July, 2019 \. , ' RECOMMENDATION OF FOREST ADVISORY COMMITTEE HELD 31 sT JULY, 2019 Agenda No.1 File No. 8-10/2015-FC Sub: Diversion of 54.399 ha of forest land including safety zone of 6.841 ha within total lease area of 70.917 ha for mining of Iron & Manganese in San-Indupur Mines in favour of MIs National Enterprise in Sundargarh District in Odisha. The above stated agenda item was considered by FAC in its meeting on 31.07.2019. The corresponding agenda note may be seen at parivesh.nic.in. FAC after thorough deliberation and discussion observed that: 1. The above stated agenda was also considered by FAC in its earlier meetings dated 30.04.15 and 22.05.19 2. The status and detail facts related to this mine has been discussed in length in earlier meetings and it has been reported by the state Government that as per direction of Hon'ble supreme court, the user agecy had paid 100 per cent price of minerals as rationalised by CEC in violation of Environment (Protection) Act 1986 and Forest (Conservation) Act 1980. 3. In the latest communication from the Regional Office it is informed that the user agency, vide letter No. NE/BBL/620(A)/2018-19 dated 15.07.2015 had requested the Ministry for temporary working permission for 2 years, as the penalty imposed by the Hon'ble Supreme Court has been paid/complied by the user agency. 4. In this regard, it was informed that Hon'ble High Court of Odisha vide their order dated 23.03.2010 has directed that the petitioner be allowed mining within the broken­ up area against the WP (C) No.15386 of2009. The total area of 54.399 ha which is now included as DLC forest was broken prior to 1996 as it was a non-forest land before it was included in the DLC list. Decision of FAC: 1. FAC after thorough deliberation and discussion with Nodal officer Bhuveneshwar, DIG, Regional office Bhubneshwar and representatives of user agency observed that at present the latest comprehensive guidelines issued and rules framed under FCA 1980 do not have any provisons of TWP (temporay working permission). Moreover, the Hon'ble supreme court order in LA. NOS.1598-1600 in writ petition (c) no.202 of 1995 in the matter of T.N. GodavarmanThirumulpad versus Union of India &ors. dated 04.08.2006.its states that "A TWP shall be granted only limited to working in the area broken up legally and during the validity ofthe lease. No TWP can be granted in respect of, or extending to either unbroken area or the areas which have been broken after the expiry ofthe mining lease or have been broken in violation ofthe F. C. Act or any other law for the time being inforce". n. Further Hon'ble sureme court order in WP(civil)no 114 of20 14 in Common cause vIs Union of India and ors had observed that Page 1 of 35 , . "With effectfrom 7th January, 1998 any mining activity inforest andDIC lands would clearly be completely illegal and unauthorized and the benefit that the mining lease holders have derivedfrom this illegal mining would be subject to Section 21 (5) ofthe MMDR Act. Therefore, the price of the iron ore and manganese ore mined by the mining lease holders from 7th January, 1998 is payable until forest clearance under Section 2 ofthe FC Act is obtained by the mining lease holders. " 111. As per State Government communication dated 24 06 2019 it is statated that "... hence the lessee has paid 100% ofthe price ofminerals as rationalized by CEC in violation ofEnvironment (Protection) Act, 1986 and Forest (Conservation) Act, 1980" In view of above facts FAC recommend that TWP cannot be considered at this stage. However, FAC recommended the proposal for grant of Stage-I approval subject to General, Standard and following Specific conditions: 1. The natural vegetation along the Sona Nalla which forms the eastern and southern boundary of the lease should be enriched with special focus and care by the user agency. A plan in this regard shall be prepared and implemented by forest department at the cost of user agency. 2. There is a forest patch of 6 ha. (approx.) on northern side of the mine enclosed between the boundaries ofNational Enterprises and Rungta Mines Limited, shall be conserved and enriched by the Forest Department. This may be declared as a "no man's land" in between the two mines. Agenda No.2 F. No. 8-6112018-FC Sub: Proposal for diversion of 323.49 ha of forest land for Purandih OCP mine in favour of Mis Central Coalfields Limited (CCL) in Chatra District, Jharkhand. The above stated agenda item was considered by FAC in its meeting on 31.07.2019. The corresponding agenda note may be seen at parivesh.nic.in. FAC after thorough deliberation and discussion observed that: 1. State Government had applied for diversion of 323.49 ha of forest land out of which 170.89 ha is forest land and 152.60 ha is gair majarua jungle jhari (GMJJ) land. It is further reported that 112.91 ha of GMJJ land is under non forestry use since 2012. 2. The incidence of violation was taken into cognizance after this was reported in a communication by Deputy Commissioner, Chatra in September 2015 and Divisional Forest Officer, Chatra South Forest Division requesting Dy Commissioner for action against the illegal mining. Thereafter the mining in the area under violation has been suspended and the current mining operations are being carried out in non-forest areas aggregating 162 ha. "'1 7~ Page 2 of 35 3. PCCF, Jharkhand vide their letter 911 dated 21.09.2016 had informed that Ministry vide its letter dated J-llOI5/36/2007-IA.II (M) dated 19.05.2009 accorded envirorunent clearance for 751.74 ha while total lease area proposed for the instant project is 832.94 ha. 4. As per site inspection report (SIR) of regional office out of 832.94 ha, the non forest area within the lease hold area should be 509.94 ha. Further the land use plan given in SIR reveals as follows: The item-wise break-up ofthe forest land and non-forest land, within the area having EC are follows: Component Forest Land (ha) Non-Forest Land (ha) 1 Quarry (mining work) 290.33 352.05 , 2 OBDump 22.19 28.00 3 Infrastructure, office, 1.8 21.2 workshop, roads etc. 4 Embankment 6.03 19.75 5 Green Belt 0.00 7.25 6 Safety Zone 3.14 0.00 Total 323.49 428.25 In the item wise breakup non forest land is shown as 428.25 ha 5. It is reported that the land is acquired under the provisions of Coal bearing Act 1957 6. CA is proposed over double the degraded forest land. As per stipulation it should have been arround 650 ha but on analysis of KML files through DSS it is observed that the total area ofthe forest area earmarked for CA is 1096.41 ha. Further, it is not clear whether the area is free from encroachments and encumbrances. 7. FRA for entire 323.49 ha is not given. 8. The proposal is recommended by DFO with condition that "permission may be granted for coal mining activities ifCCL pays all previous outstanding amount of revised NPV, CA andPCA with interests and also pay PCA or any other amountfor mining out 101.73 ha ofGMllwithoutpriorpermissionjrom MoEF&CC, New Delhi andfurnish revised EC 0[832.94 ha instead 0[751. 74 ha". The area under violation figure has been rectified in SIR as 112.91 ha. 9. CF has also endorsed the recommendation ofDFO 10. State Goverrunent has recommended the proposal subject to following conditions (i) Legal status of the diverted forest land shall remain unchanged. (ii) The User Agency shall pay NPV of the forest land being diverted under this proposal, as per the orders of the Hon'ble Supreme Court of India; (iii) The Agency shall pay the cost of maintaining the compensatory afforestation at the current wage rate for proposed double degraded forest land. (iv) Any violation of conditions by the user agency will be considered under the provisions ofguidelines issue by MoEF&CC no. 11-42/2017-FC dated 29.01.2018. (v) All other conditions as may be mandatory under relevant Acts, Rules and guidelines shall be complied with by the user agency. Page 3 of 35 11. It is observed that CCL had not paid pending dues of other projects. 12. It is not reported that compensatory afforestation is important from Religious/ Archaeological point of view. 13. PCCF /state Government has recommended penal action for violation. 14. In SIR it is reported that CCL needs transformative reforms in terms oftechnology and process, and management or administrative regime with professionally sound engagement on sustained basis to enhance the success and quality of eco-restoration efforts yielding the best feasible end landform in respect of outcome, for soil, water and biodiversity characteristics. 15. From DSS analysis it is observed that the mining is going on in different part of project area and forest land is distributed intermittently throughout in patches. This scenario had given rise to afait accomplii situation. Decision ofFAC: After thorough deliberation and discussion with Nodal officer Jharkhand, DDG regional office Ranchi and representative of user agency, it was observed that CBA 1957 (Coal Bearing Act 1957) has provison to acquire land for the purpose of coal mining. The representative of user agency informed that there is no provison of signing lease for any area acquired under CBA.
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