MINUTES OF THE MEETING OF THE REGIONAL EMPOWERED COMMITTEE (REC) CONVENED ON 14TH December, 2016

AGENDA ITEM NO.1 (HARYANAI

Forest Narne of proposal State U.A File No. I Land Diversion of 23.52 ha of forest land in I Office, Water favour of sub Divisional Sub Service Sub Division, Pehowa for laying 9-HRC154/ 23.52 Divisional of RCC Pipeline 700 mm Dia NP-3 from 2015-CHA ha Office W/S Narwana Branch Rd 230983 to Saraswati Pehowa Tirth, Pahowa, R/s, under Forest Division I I and District , Haryana I

1. The proposal emisages di\"ersion of 23.52 ha of forest land in favour of sub Di"isional Office, Water Sen'ice Sub Division, Pehowa for laying of RCC Pipeline 700 mm Dia NP-3 from Nan"ana Branch Rd 230983 to Saraswati Tirth, Pahowa, R/ s, under Forest Division and District Kurukshetra, Haryana was approved in the REC meeting held on 18.01.2016 and stage I approval was accorded on 12.02.2016 in which Penal C-\ two times the forest land being diverted ie.47.04 ha ,:vas imposed.

2. Principal Chief COl1sen'ator of Forests, Haryana has referred to the guidelines pertaining to Penal CA at Para 4.3(ii) of the Forest (Conscnration) Act Handbook which stipulates that" Penal CA \Yill be imposed over the area worked/used in violation". The state government requested to consider penal CA of 2.6 ha (double the forest area broken ie. 1.3hal instead of 47.04 ha.

3. While discussing the proposal, User agency reqested to withdraw the proposal in the present form and instead want to submit a fresh proposal on technical grounds. Nodal officer Haryana endorsed the request of User Agency. On the recommendation of the State Government, the committee accepted the request of user agency to withdraw the proposal and resubmit the same with the following conditions:­

i) User agency shall request the State Government in writing in this regard -\,-ho "ill fonvard it to the Regional office MoEF&CC, duly recommended. ii) The "iolation of 1.3 ha of forest land shall be included as such in the re,-ised proposal. ~~ Cb k~~ AGENDA ITEM NO.2 (HARYANA)

File No. Name of proposal State I Forest U.A Land I Diversion of 13.83 ha of forest land (closed under section 4 & 5 of PLPA j 1900) in favour of Executive Engineer I N(S) Municipal Corporation, for . Municip new MSW/rehabilitation of existing al 9-HRC040/ 13.8:3 processing plant of solid waste Haryana Corporat 2016-CHA ha Management for Municipal Corporation of ion, Gurgaon along Gurgaon road Gurgaon approx 20 KM. from Gurgaon side at village Bandhwari, District, under Forest Division and District Gurgaon, Haryana

This is an old proposal discussed in the Regional Empowered Committee meeting earlier. The salient feature of the proposal are as under:

1. The proposal envisages diversion of 13.83 ha of forest land (closed under section 4 & 5 of PLPA 1900) in favour of Executive Engineer 1\I(S) Municipal Corporation, Gurgaon for new MSW/rehabilitation of existing processing plant of solid waste Management for Municipal Corporation of Gurgaon along Gurgaon Faridabad road approx 20 KM. from Gurgaon side at village Bandh\vari, Districl. under Forest Division and District Gurgaon, Haryana. The User agency is Municipal Corporation, Gurgaon. 2. Enumeration list of trees is not provided. 3. Compensatory Afforestation has been proposed on non forest land for raIsmg 13830 plants in Village Sikandarpur Ghosi. The Compensato=Jf Afforestation scheme involves maintenance of plantation for ten years. 4. The legal status of the forest land proposed for diversion is Section 4 & 5 of PLPA land. 5. As the proposal envisages expansion of existing plant, there is no other alternati\'e possible for the project avoiding forest land. 6. The proposed alignment is not passing through any Nationa. Park. Vhldlife Sanctuary, Elephant /Tiger Reserve. However, the proposeJ plant is located ,\ithin 5 KM of Asolabhatti Wildlife Sanctuary as examined through DSS. 7. The requirement of land is unavoidable and barest minimum. 8. No violation of Forest (Conservation), Act is there as per DFO's site inspection report. 9. The report of Chief Wildlife Warden regarding rare / endangered/vulnerable and endemic species of fauna is not provided as the proposal falls \vithin 5 KM of Asolabhatti Wildlife Sanctuary. 10. No sacred grove or very old growth trees/forests exists on the sit:~ and the forest land proposed for diversion is not having any socio-cultural / religiol!ls value. 11. There is no Protected Archeological / Heritage site/Defence establishment in the proposed area for diversion. 12. This proposal was discussed in REC meeting held on 29," .'\pri1.2016, 14tft June. 2016 and REC decided to seek following information from the State OO\'ernment: i) Status of Environmental Clearance of the project. ii) NOC from Haryana Pollution Control Board. iii) Consent of the Gram Panchayat affected bv the establishment of the project. iv) Status of Wildlife Clearance. ~L~.AAjL~ k.~~ ~ 13. The Slate Government has submitted incomplete reply on 14.07.2016.

14. The proposal was discussed in REC meeting held on 12.08.2016. The representati,-e of the user agency informed the committee that Environment Clearance has been applied. He further stated that Ba."1dhwari village is now included under Municipal Corporation, Gurgaon. Since NOC from Haryana Pollution Control Board is not found in the proposal, the committee deliberated the issue and obsen;ed that concernsj grievances of the local peoplej stakeholdersfNGO regarding pollution are required to be addressed. The following observations were raised in REC meeting held on 12.08.2016. i) NOC of Haryana Pollution Control Board. ii) Consentjgrievances of the local peoples ofjstakeholctersjNGO. iii) Report of Chief \i\lildlife \Varden regarding applicability of wildlife clearance. i,') Enumeration list of trees.

15. No reply/compliance has been received from the State government through Nodal officer.

16. As no reply/compliance has been received and no one was present on behalf of the User Agency. REC decided to defer the proposal for the next meeting. 0- k~~ ~ AGENDA ITEM NO.3 (HARYANA)

- - I Forest File No. Name of proposal State U.A Land I Diversion of 37.07 ha of forest land (notified under section 4 & 5 of PLPA, 1 1900 in favour of commissioner, Municipal 9-HRC060/ Municipal Corporation, Faridabad for 37.07 Haryana Corporatio 2016-CHA construction of new MSW process plant ha n, in the revenue estate of village Gothra Faridabad Mohbtbad, under forest division and district Gurgaon, Haryana I

This is an old proposal discussed earlier in the Regional EmpO\;vered Committee meeting. The salient feature are as under:

1. The proposal envisages diversion of 37.07 ha of forest land (notified under section 4 & 5 of PLPA, 1900 in favour of Commissioner, Municipal Corporation, Faridabad for construction of new MSW process plant in the revenue estate of village Gothra Mohbtbad, under forest division and district Gurgaon, Haryana. The User agency is Municipal Corporation, Faridabad. 2. The proposal involves felling of 4104 trees and 13137 plants. 3. Compensatory Afforestation has been proposed on non forest land for rcusmg 37070 plants in Village Sikandarpur Ghosi. The Compensatory Afforestation scheme involves maintenance of plantation for ten years. 4. The legal status of the forest land proposed for diversion is Section 4 & 5 of PLPA land. 5. The proposal envisages construction of new MS\V process plant, the side has been selected on PLPA land on road side away from Gurgaon city. 6. The proposed alignment is not passing through any ~ational Park, \Vildiife Sanctuary, Elephant /Tiger Reserve. However, the proposed plant is inviolate as examined through DSS, the project boundary overlaps v,ith the Asolabhatti Wildlife Sanctuary boundary. 7. The requirement of land is unavoidable and barest minimum. 8. No violation of Forest (Conservation), Act is there as per DFO's site inspection report. 9. The report of Chief Wildlife Warden regarding rare /endangered/'iulnerable cu1d endemic species of fauna is not provided, as the project boundary intersects the Asolabhatti Wildlife Sanctuary. 10. No sacred grove or very old growth trees/forests exists on the site and the forest land proposed for diversion is not having any socio-cultural/religious \·alue. 11. There is no Protected Archeological /Heritage site/Defence establishment in the proposed area for diversion. 12. This proposal was discussed in REC meeting held on ]4th June, 20]6 and REC decided to seek following information from the State Government on 29.6.2016: i) Status of Environmental Clearance of the project. ii) NOC from Haryana Pollution Control Board. iii) Consent of the Gram Panchayat affected by the establishment of the project. iv) Status of Wildlife clearance. v) Approval of the project by competent authority. vi) Non forest land be mutated and transfer in favour of forest department. vii) Revenue papers of non forest land being provided in lieu of forest larid. V-- . k~~:-,L JI.MAVU<-P--­ \"iiiJ :;ite suitability certificate of DFO, whether the non forest land Ie. :;ikandarpur Ghosi is suitable for plantation alongwith map and GPS ·:·Jordinates. ix) :ertificate under FRA, 2006 issued by Deputy Commi.ssioner.

13. On 2~.06.2016 a representation was received from Sh. Jitender Bhadana, Chairn::.an of the board, Save Aravali Trust objecting the establishment of MSW plar_t at Gothra Mohabtabad, Faridabad. On 12.07.2016, this office sought comm:-nts from State Government on the representation.

14. The p~posal \-vas discussed in REC meeting held on 12.08.2016 and 13.10.2016 but no decision could be taken as the pending information was not provided. On 134 Ie .20 16. REC ad\Oised to explore alternate site for the project.

15. Neithrr the information has been provided by user agency/state government nor the u~,::.r agency attended the meeting. Hence, REC decided to defer the proposal for the next meeting. ~ ~ Jw.,t.f~ AGENDA ITEM NO.4 lHARYANA)

Fore&t File No. Narne of proposal State U.A Land I Diversion of 0.083 hectare of forest land for the development of 100 KW Mis APG Construe 9-HRCl17I Chandimandir Mini Hydro Project on 0.088 Haryana I tion, 2016-CHA Jhajra, Kaushalya and Ghaggar river ha under Forest Division and I Panchku I la District , Haryana I I

The Regional Empowered Committee saw the proposed site of forest lane being diverted and proposed CA site on DSS IDecision Support System), thereafter, discussed the above mentioned proposal and observed as below:

1. The proposal envisages diversion of 0.083 hectare of forest land for -:hc devclopmem of 100 KW Chandimandir Mini Hydro Project on Jhajra, Kaushalya arC! Ghaggar river under Forest Division Morni Pinjore and District Panchkula, Har: ana. The User agency is M/s APG Construction, Panchkula. 2. No tree will be removed in this proposal. 3. Compensatory Afforestation has been proposed on 0.166 ha fore~t land in Burj Kotian R 70 C 5 . The Compensatory Afforestation scheme invoh'~s maintenance of plantation for ten years. 4. The legal status of the forest land proposed for diversion is Protectee Forest. 5. As the proposal envisages setting up Hydel Power Project. there is no other alternative possible for the project avoiding forest land. 6. The proposed alignment is not passing through any National Park, Wildlife Sanctuary, Elephant /Tiger Reserve but falls within 5 K!VI of the bO.1ndary of Khol­ Hi-Ratin Wildlife Sanctuary, Haryana and Sukhna Lake Wildlife Sanctuary Chandigarh. 7. The requirement of land is unavoidable and barest minimum. 8. No violation of Forest (Conservation), Act is there as per DPO's site inspection report. 9. No rare / endangered/vulnerable and endemic species of flora and Lr..ma have been found/ recorded in the area. 10. No sacred grove or very old growth trees/forests exists on the sitc- and the forest land proposed for diversion is not having any socia-cultural/religious \·;3.1ue. 11. There is no Protected Archeological /Heritage site/Defence estab~ish.ment in the proposed area for diversion. 12. This proposal was discussed in the REC meeting on 13.10.16 aId as per REC direction following informations were sought from the State GO\-ern.:ncnt: i) Revised CA site alongwith KML file, site suitability cenificate.. ii) Report of Chief Wildlife Warden of Haryana. iii) NOC from Chief Wildlife Warden Chandigarh in respect of Sukhna \iVildlife sanctuary.

13. On 14.12.2016, the state Government through Nodal Officer submitted Report of the Chief Wild life Warden of Haryana and KML file of revi.sed C.'\ 3ite in R-70 C-5 WMorni Pinjore foreS~~i;::;:4l ~,\JMA- 14. After g,jing through the presentation on Decision Support System and exammmg the prcposal and re\"ised CA site, the REC decided to recommend the proposal, .:to thc MiLsny subject to the submission of following information:

i'l, AfLda\"it to be submitted by the user agency that if' case project site falls \\iLhin Eco Sensiti\"c Zone of Sukhna Wildlife Sanctuary after the final notification, user agency will be bound to submit wildlife clearance prior to the dey,o;lopment / start of the proje~t. ~R- 0-- kl.A.P~~~ AGENDA ITEM NO.5 lHARYANAj

File No. Name of proposal State 1Forest U.A _. Land Diversion of 0.7814 hectare of forest land MIs Prem for construction of 2x400 KW Ghaggar III Sagar 9-HRC1221 Hydel Power Project, under Forest 0.7814 Contractors Haryana 2016-CHA Division Morni Pinjore and District ha and Hydro Panchkula, Haryana Power .- I Consulta.nts

The Regional Empowered Committee saw the proposed site of fo;:est land being di\'erted and proposed CA site on DSS IDecision Support System), thereafter, discussed the abO\'c mentioned proposal and observed as below:

1. The proposal envisages diversion of 0.7814 hectare of forest land for construction or 2x400 KW Ghaggar III Hydel Power Project, under Forest Di\'ision J\,IlJrni Pinjore a..'id District Panchkula, Haryana. The User agency is 1vl/s Prem Sagar Contractors and Hydro Power Consultants. 2. No tree will be removed in this proposal. 3. Compensatory Afforestation has been proposed on 1.563 ha forest land in Burj Kotian R 70 C 5. The Compensatory Afforestation scheme illvolves maintenance of plantation for ten years. 4. The legal status of the forest land proposed for diversion is Protected Forest. 5. As the proposal envisages setting up Hydel Power Project. there is no other alternative possible for the project avoiding forest land. 6. The proposed alignment is not passing through any National Park. \>Vildlife Sanctuary, Elephant /Tiger Reserve but falls within S KM of Khol-Hi-Raitan Wildlife Sanctuary. 7. The requirement of land is unavoidable and barest minimum. 8. No violation of Forest IConservation), Act is there as pcr DFO's site inspection report. 9. No rare / endangered/vulnerable and endemic species of flora and fac.na hm'e been found/ recorded in the area. 10. No sacred grove or very old grO\vth trees/forests exists on the site and the forest land proposed for diversion is not having any socio-cultural/religious ,,·-alue. 11. There is no Protected Archeological /Heritage site/Defence establis}lment in the proposed area for diversion. 12. The proposal was discussed in the REC meeting on 13.10.16 a:-ld as per REC directions following informations was sought from the State Government: i) Report of Chief Wildlife Warden Haryana. ii) Revised CA site with KML file and site suitability certificate

13. On 14.10.2016, the state Government through Nodal Officer had sub:nitted Repon of the Chief Wild life Warden of Haryana and KML file of revised CA site in R-70 CS under Morni-Pinjore forest division.

14. After going through the presentation on Decision Support System and exammmg the proposal and revised CA site, the REC decided to recommend to the :v1inistry of Wmcnt Forests an:~::;ange, New Delhi. ~t~ AGENDA ITEM NO.6 (HARYANA)

_. --_. -­ Forest Name of proposal State U.A File No. Land I ---­ Diversion of 5.61 ha (instead of 5.846 hal I of forest land in favour of Executive Engineer, Provincial Division No. II, PWD, B&R for construction of 4 laning 5.846 PWDB&R 9-HRC127/ Haryana 2016-CHA by widening on Dhand-Pundri-Rajound­ ha Br. Alewa road (MDR 118) KM 11.45 to 15.40 in Pundri Town, under forest division and I district Kaithal, Haryana

The Regional Empowered Committee saw the proposed site of fo~'est land being diverted and proposec. CA site on DSS (Decision Support System), thereafter, discussed the above mentioned proposal and obseryed as below:

1. The prO'posal cm'isages diversion of 5.61 ha of forest land in favour of Executive Engineer, Proyincial Diyision No. II, P\VD, B&R Kaithal for construction of 4 laning by \\ide::ling on Dhand-Pundri-Rajound-Alewa road (MDRi 18) KM 11.45 to 15.40 in Pun:.ri Town, under forest division and district Kaithal, Haryana. The User agency is FWD B&R Br. haithal. 2. State Government through Nodal Officer on 06.10.2016 informed that the area required for diversion has been reduced from 5.846 ha to 5.61 ha. 3. The prc?osal in"olves felling of 181 Trees, 4. Comper:satory Afforestation and Addl. CA has been proposed on 12,692 ha forest land in RF. Si\van. The Compensatory Afforestation scheme involves maintenance of plani:3.tion for ten years, DSS shows that there is not enough space available on proposej CA site hence alternate site needs to bc suggested 0. The leg:J status of the forest land proposed for diversion is Protected Forest. 6. As the proposal enyisages widening of road, there is no other alternative possible for the -::,roject a\'oiding forest land. 7. The proposed alignment is not passing through any National Park, Wildlife Sanctu.~ry, Elephant /Tiger Reserve, 8. The requirement of land is unm'oidable and barest minimum. 9. No \'ioLtion of Forest (Conser.-ation), Act is there as pcr DFO's site inspection report. 10. No rare ,I endangered/vulnerable and endemic species of Dora and fauna have been found! r-ecorded in the area. 11. No sacrr:-d grove or very old growth trees/forests exists on the site and the forest land pr·~posed for di\'ersion is not having any socio-cultural/religious value. 12. There i~ no Protected Archeological /Heritage site/Defence establishment in the proposed area for di"ersion, 13. This proposal "\-as discussed in REC held on 13th October, 2016 and the REC decidel':: to defer the proposal to next meeting until the following information is pro\'ided by the state gO\'ernment through Nodal Officer:

i) "':-·)int inspection report of user agency with DFO regarding number of trees 2_l.d plants to be felled. ii) P..=\'ised CA and additional CA scheme for plantation alongwith KML files c.~d site suitabiLitv certificate. ~ c> k~~4L 14. The state Government through Nodal Officer have submitted reply o~ 01.12.2016.. On examining the site on DSS and Google Earth, it sho\\is that no s..::Ecient space is available for CA and Add!. CA in Siwan RF for plantation. On C;tth December, 2016 following informations were sought from the State Government: i) Alternate CA site and additional CA scheme for plantation s:Jng;.\-ith I"':ML files and site suitability certificate.

15. The State Government provided the KML file of alternate CA site 3P 63 under Morni Pinjore Division. After going through the presentation on Decision Support System and examining the proposal, the REC decided to approve. t1-..:: project and accord stage I approval subject to following conditions:

(A) i) Cost of compensatory afforestation as per CA scheme may be rea: ..?:ed from the user agency; ii) Net Present Value (NPV) of the forest land being diverted for non-fo~"~try purpose may be realized from the user agency, as per Ministry"s directior." issued Yide letters No. 5-3j2007-FC dated 5th February 2009 and Honble Sup;:-=me Court of 's Order dated 30th October 2002, 28th March, 2008, 24th A;:cil. 2008 and 9th May 2008; iii) As per the orders of the Government of India vide letter No. 5-2 ::w 10-CAMP.-\ 24.06.2011, the Net Present Value (NPV) of the forest land and all [.:":',er CA le\-ies shall be deposited through web portal of Ministry of r<':llvironmer. ~_ Forest 2Jld Climate Change http://forestsc1earance.nic.in or http://cfclearancf.nic.in.

(B) The following conditions shall also be complied with aftcr the rin,,~ approval 1S accorded: iv) Legal status of the forest land v.rill remain unchanged; v) Efforts should be made to fell minimum number of trces and in -..my case, not more than 181 trees will be removed. vi) The trees should be felled under strict supervision of the :3tate Forest Department; vii) The CA will be carried out over 12.692 ha forest land as per the c-~ scheme and the funds will be prmrided by the user agency. The plantation \:I..ill t:: done within one year from the date of issue of this letter. viii) The forest land will not be used for any other purpose than. that m~ioned in the proposal; ix) The forest land proposed to be divertcd shall under no eire:nstances be transferred to any other agency, department, or person \\ilhou-: c ~rO\-al of the Central Government; x) The layout plan of the proposal shall not be changed \yithout the --:'rior apprO\'al of the Central Government; xi) The user agency shall raise strip plantation on both sides and co:ntra! ycrgc 0'­ the road at the project cost as per IRC specifications with maimerance of sn-en to ten years; xii) No damage will be done to the adjoining forest land; xiii) No labour camp shall be established on the forest land; xiv) The user agency shall pay additional amount of NPV as and whee increased on the order of Hon'hIe Supreme Court; xv) The user agency shall carry out muck disposal at pre-designated:iles in such a manner so as to avoid its rolling down and should be takcn -..: J as per the scheme approved by the Forest Department; xvi) The required soil conservation measures should be takerl. up by tl::-[, user agency for which fund should be provided as per the current rate of works w k4';)~ ~A-~~-\JJ.,lP'­ },.-\'ii) The User Agency shall provide firewood preferably alternate fuels to the labourers and the staff \'\Forking at the site so as to avoid any damage and pressure on the nearby forest areas; ::-..-viii) The boundary of the forest land being diverted shall be demarcated on ground at the project cost. using four feet high RCC pillars, each pillar inscribed with the serial number, GPS coordinates, forward and back\.vard bearings and distance fro:n pillar to pillar etc.; xi,j The User Agency shall ensure that because of this project, no damage is caused to Lhe flora and the wildlife available in the area; xx.1 The user agency \vill assist the State Government in conservation and presenation of flora and fauna of the area in accordance \/.,rith the plan prepared by th~ Chief Wildlife Warden of the State. x.,xi) An:.r other condition that this Regional Office may stipulate, from time to time, in the :nterest of conservation, protection and development of forests & wildlife; x.,>ii) The User agency shall submit the annual self compliance report in respect of the abo'-e conditions to the State Government and to the concerned Regional Office of the- IVIinistry regularly: x..xiiil It -,\'ill be the responsibility of the State Government/User Agency to obtain all OLLer prior approvals/clearances under all other releva..'l.t Acts/Rules/ Court's Rulings/instructions, etc.. including environmental clearance, as applicable to thi 3 proposal:

After re:e~pt of the compliance report on fulfilment of the conditions under para­ 15(Al. abov=. final apprm-al order under Section-2 of the Forest (Conservation) Act, 1980 shall be g.\·cn. The use of forest land will not be allowed till final approval is accorded. ~ 0­ k.~~~ AGENDA ITEM NO.7 (HARYANA)

Forest File No. Narne of proposal State U.A Lanrl Diversion of 7.61 ha of forest land in favour of Executive Engineer, Tohana WI S Division, Tohana for extension of 9-HRC1391 Bithmara Minor from Rd 4650 to 19450 I H I 7 61 - W/S 2016-CHA and DLC from RD 48410 to 53950 for aryana . _"la division,. lining of Channel in the land of existing L abandoned channel, under forest division and district , Haryana -'-----­

The Regional Empowered Committee saw the proposed site of forest lan,j [Ieing diverted and proposed CA site on DSS (Decision Support S~{stemJ, thereafter. diseu~,3,ed the abm-e mentioned proposal and observed as below:

1. The proposal envisages diversion of 7.61 ha of forest land in favour of Exccmi\'c Engineer, Tohana W/ S Division, Tohana for extension of Bithmarc. t- inor from Rd 4650 to 19450 and DLC from RD 48410 to 53950 for lining of Channel in the land of existing abandoned channel, under forest division and district Ji=-.d, Haryana. The User agency is W /S Division, Tohana. 2. The proposal involves felling of 1175 Trees. 3. Compensatory Afforestation has been proposed on 15.220 ha fo::-est land in OJ Railway line Junction to Jajwan road L/R . The Compcnsatery Afforestation scheme involves maintenance of plantation for ten years. DSS shews that there is not enough space available on proposed CA site hence alternate sit'!: needs La be suggested. 4. The legal status of the forest land proposed for diversion is Protecie::J. Forest. 5. As the proposal envisages extension of canal, there is no o'Lher altc-rn3.tive possibic for the project avoiding forest land. 6. The proposed alignment is not passing through any ~ationa... Park, Wildlife Sanctuary, Elephant /Tiger Reserve. 7. The requirement of land is unavoidable and barest minimum. 8. No violation of Forest (Conservation), Act is there as pc; DFO's S:le inspection report. 9. No rare / endangered/vulnerable and endemic species of nora and :"aL::na hm'c been found/ recorded in the area. 10. No sacred grove or very old growth trees/ forests exists on the sit.= end the forest land proposed for diversion is not having any socio-cultural/religious ·:alue. 11. There is no Protected Archeological /Heritage site/Defence estat1i~:lment in the proposed area for diversion. 12. This proposal was examined in the Regional Office and on 09''"' :\"o"--ember, 2016 following informations were sought from the State Government: i) KML file of the proposed site. iiI' Revised CA for plantation alongwith KML files and Sil':; suitabili-y certificate.

13. The state Government through Nodal Officer have submitted reply 00 23.11.2016. On examining the site on DSS and Google Earth it shows that no sufficient space is available for CA in Siwan RF for plantation. On 25:1-'· November. 2"Q 16 follm\ing informations were sought from the State Government: l<.~~ u'~~ ~ il Altr~rnate CA scheme for plantation alon~vith KML files and site suitability certificate.

14. The Siate Go\-ernment pro\-ided KML file of alternate CA site at village Garidian Tchsil :::"alka (sect 4 &. 5 PLPA land, under Morni Pinjore forest division. After going throu§l1. the presentation on Decision Support System and examining the proposal and rc-:ised C/\ site, the REC decided to approve the project and accord Stage I appronl subject to the following conditions:

IA if Cost :If compensatory afforestation as per CA scheme may be realized from the user agency: 111 !\et P-:-esent Value (NPV) of the forest land being diverted for non-forestry purpose rna:: '=,e realized from the user agency, as per Ministry's directions issued vide letter::> No. 5-3/2007-FC dated 5th February 2009 and Hon'ble Supreme Court of India's Order dated 30th October 2002, 28th Ivlarch, 2008, 24th April, 2008 and 9th I\:ay 2008; iii) As pEr the orders of the Government of India vide letter No. 5-2/2010-CAMPA 24.06.2011, the Net Present Value (NPV) of the forest land and all other CA levies shall '::>e deposited through web portal of Ministry of Environment, Forest and Climcce Change http://foreslsclearance.nic.in or http://efclearance.nic.in.

[B) The fo]o\\ing. conditions shall also be complied with after the final approval IS accorded: i\") Lega status of the forest land \\ill remain unchanged; \"1 Effoes should be made to fell minimum number of trees and in any case, not more than 1175 trees will be removed. vi) The trees should be felled under strict supen;ision of the State Forest Department: vii) The CA \,rill be carried out over 15.220 ha forest land as per the C/\ scheme and t.he funds \'.ill be prO\-ided by the user agency. The plantation will be done within one ::car from the date of issue of this letter. viii) The f:,rest land \'Jill not be used for any other purpose than that mentioned in the proposal; i);:) The forest land proposed to be diverted shall under no circumstances be trqn:::-erred to any other agency, department, or person without approval of the Cent::-al Government: x) The Layout plan of the proposal shall not be changed without the prior approval of the Central Government; Xl) \'0 damage will be done to the adjoining forest land; xii) No labour camp shall be established on the forest land; xiii) The Llser agency shall pay additional amount of NPV as and when increased on the order of Hon'bIc Supreme Court; xiv] The user agency shall carry out muck disposal at pre-designated sites in such a manner so as to avoid its rolling down and should be taken up as per the scheme appro\'ed by the Forest Department; xv) The required soil consen-ation measures should be taken up by the user agency for \l,uich fund should be provided as per the current rate of works; ),,'vi) The User Agency shall provide firewood preferably alternate fuels to the laboL rers and the staff \-vorking at the site so as to avoid any damage and pres81rc on the nearby forest areas; ~ ~ k~?~ xvii) The boundary of the forest land being diverted shall be dcmarcakd on ground at the project cost, using four feet high RCC pillars, each pillar ir:.scribed \\ith the serial number, GPS coordinates, forward and backward bearings and distance from pillar to pillar etc.; xviii) The User Agency shall ensure that because of this project, no d2mage is caused to the flora and the v.rildlife available in the area: xix) The user agency will assist the State GO\-ernment in cC::1servation and preservation of flora and fauna of the area in accordancc \vith the plan prepared by the Chief Wildlife Warden of the State. xx) Any other condition that this Regional Office may stipulate, fTorr lime to time, in the interest of conservation, protection and de\-elopment of forest s C.:, wildlife: xxi) The User agency shall submit the annual self compliance report in respect of the above conditions to the State Government and to the concerned Pegional Office of the Ministry regularly; xxii) It will be the responsibility of the State Government/User Age:::lcy to obtain all other prior approvals/clearances under all other relevant Acts/Pules/ Coun's Rulings/instructions, etc., including environmental clearance, as applicable to this proposal;

After receipt of the compliance report on fulftlment of the conditiClns under para­ 14(A), above, final approval order under Section-2 of the Forest (Conser-ation) Act. 1980 shall be given. The use of forest land will not be allowed till flnal approval is accorded. ~~ 1l.AAA.ttL~ Q-- AGENDA ITEM NO.8 (HARYANA)

Forest File No. Name of proposal State U.A Land --I I Diversion of 5.94 ha of forest land in favour of Executive Engineer Provincial Division PWD B&R Kaithal for 9-HRC153/ construction of 4 lane of Dhand-Pundri Haryana 5.94 ha PWD. 2016-CHA road km 4.20 to 7.20 in village Pharal, under forest division and distt Kaithal Haryana

The Regional Empowered Committee sa\;I,r the proposed site of forest land being diverted and proposed CA site on DSS (Decision Support System), thereafrer, discussed the above mentioned proposal and observed as below:

1. The proposal em'isages diversion of 5.94 ha of forest land in favou r of Executive Enginc'::f Prm'incial Di\'ision PWD B&R Kaithal for construction of 4 lane of Dhand­ Pundri road kID 4.20 to 7.20 in village Pharal, under forest division and distt Kaithal Haryana. The Cser agency is PWD, Kaithal. 2. The pre ?osal involves felling of 1612 trees and 200 plants . 3. Compensatory Afforestation and Add!. CA has been proposed on 12.38 ha forest land in RF Siwan Comp no. 8. The Compensatory Afforestation scheme involves maintenance of plantation for ten years. DSS shows that there is not enough space availab~,:: on proposed CA site hence alternate site needs to be suggested. 4. The leg.:J status of the forest land proposed for diversion is Protected Forest. 5. As the proposal em'isages widening of road, there is no other alternative possible for Lhe :;,:-oject a\'oiding forest land. 6. The pr::lposed alignment is not passing through any :'-J'ational Park, Wildlife Sanctuary. Elephant /Tiger Reserve. 7. The requirement of land is unavoidable and barest minimum. 8. No \'io!~tion of Forest (Conservation), Act is there as per DFO's site inspection report. 9. No rare Jendangeredi\'ulnerable and endemic species of Dora and fauna have been foundl recorded in the area. 10. No sacred grove or very old gro\\rth treesiforests exists on the site and the forest land pfiJposed for diversion is not having any socio-culturalireligious value. 11. There i:: no Protected Archeological iHeritage siteiDefence establishment in the proposed area fOT diversion. 12. This pnposal was examined in the Regional Office and on 07th December, 2016 following informations were sought from the State Government: iii) I-=~\ill file of the proposed site. i\") F:-=vised CA site alongl.\-ith site suitability certificate.

13. The State Government submitted the reply and pending information on 14.12.2J16. After going through the presentation on Decision Support System and cxaminulg the proposal and revised CA site RF 63 undei" Morni-Pinjore Forest Divisio11l. the REC decided to approye the project and accord Stage I approval subject to follo\,ying conditions: lA i) CA sc;-_eme of 11.88 ha and Add!. CA scheme of 0.5 ha be prepared and cost of comp~sat~~· afforestation and Addl. CA as per scheme ffiep; ~e realized from the USO::l' .k~.;..,.,L ~~ ii) Net Present Value (NPV) of the forest land being diverted for non-::c,rcstry purpose may be realized from the user agency, as per Ministry'~ directions issued \-ide letters No. 5-3/2007-FC dated 5th February 2009 and Hon'hIe S-.:.preme Coun of India's Order dated 30th October 2002, 28th March, 2008, 24th April, 2008 and 9th May 2008; iii) As per the orders of the Government of India vide letter No. 5-.2j2010-CAMPA 24.06.2011, the Net Present Value (NPV) of the forest land and a1. other CA lc\-ies shall be deposited through web portal of Ministry of Em-ironment, Forest and Climate Change http://forestsclearance.nic.in or http://efclearance.nic.in.

(B) The following conditions shall also be complied with after the fi~.,al approval IS accorded: iv) Legal status of the forest land will remain unchanged; v) Efforts should be made to fell minimum number of trcc:s and in any case, not morc than 1612 trees and 200 plants ""rill be remO\-ed. vi) The trees should be felled under strict supervision of the State Forest Department; . vii) The CA will be carried out over 16.52 ha forest land as ?er the ':A scheme and the funds will be provided by the user agency. The plantation \\iU be done \\ithin one year from the date of issue of this letter. viii) The forest land will not be used for any other purpose than that mentioned in the proposal; ix) The forest land proposed to be diverted shall under no ci:-sumstances be transferred to any other agency, department, or person ,vithout apprO\'al of the Central Government; x) The layout plan of the proposal shall not be changed \\iI hout the prior approyal of the Central Government; xi) The user agency shall raise strip plantation on both sides and :entral verge of the road at the project cost as per IRC specifications vlith maintenance of se,"en to ten years; xii) No damage will be done to the adjoining forest land: xiii) No labour camp shall be established on the forest land; xiv) The user agency shall pay additional amount of NPV as and when increased on the order of Hon'hle Supreme Coun; xv) The user agency shall carry out muck disposal at pre-dcsignatcd sites in such a manner so as to avoid its rolling down and should be taker: up as per the scheme approved by the Forest Department; xvi) The required soil conservation measures should be takcn up by :hc user agency for which fund should be provided as per the current rate of \:

}\[ter recc_pt of the compliance rcport on fulfJ1mcnt of the conditions undcr para­ 13(AI, abm-e, final appro\-al order under Section-2 of the Forest (Conservation) Act, 1980 shall be give-no The use of forest land will not be allowed till final approval is accorde~ ~"'~ ~ AGENDA ITEM NO.9 (HARYANA)

Forest File No. Name of proposal State U.A Land --­ Diversion of 9.35 ha of forest land in favour of Executive Engineer, Provincial Division, PWD B&R, Br. Nagar for 9-HRC177/ PWD. widening of Jagadhari 2016-CHA Byepass and Haryana 9.35 ha Yamunana.g Jagadhari-Balaspur road, under forest ar division and district ,

Haryana I

The Regional. Empowered Committee saw the proposed site of forest Ian,:' being di\"Cned and proposed CA site on DSS (Decision Support System), thereafter. discllssed the abo\'c mentioned proposal and observed as beIO\:v:

1. The proposal envisages diversion of 9.35 ha of forest land in favcuf of Executi\'e Engineer, Provincial Division, PWD B&R, Br. Yamun~ N'agar f,)r \J.idening of Jagadhari Byepass and Jagadhari-Balaspur road, under fbrest di\"ision and district Yamunanagar, Haryana. The User agency is PWD, Yamunanagar. 2. The proposal involves felling of 1612 trees and 200 plants. 3. Compensatory Afforestation and Addl. CA has been proposed on 19.92 ha forest land Ganouli RF. The Compensatory Afforestation scheme involves maintenance of plantation for ten years. 4. The legal status of the forest land proposed for diversion is Protecteci Forest. 5. As the proposal envisages widening of road, there is no ot her alternative possible for the project avoiding forest land. 6. The proposed alignment is not passing through any il/'ational Park. Wildlife Sanctuary, Elephant /Tiger Reserve. 7. The requirement of land is unavoidable and barest minimuf:1. 8. No violation of Forest (Conservation), Act is there as pe~" OFO's site inspection report. 9. No rare /endangered/vulnerable and endemic species of flora and fauna have been found/ recorded in the area. 10. No sacred grove or very old growth trees/forests exists on the site and the forest land proposed for diversion is not having any soeio-cultural/religious value. 11. There is no Protected Archeological /Heritage site/Defence establishment in the proposed area for diversion. 12. This proposal was examined in the Regional Office and 0'1 23:h :,'m-cmbcr. 2016 following informations were sought from the State Go\"ernml'n t:

i) FRA certificate. ii) KML file of the proposed site and CA site iii) Site inspection report of CF regarding reducing number of trees. iv) Status of road after KM. 13.40.

13. On 14.12.2016, the state Government through Nodal Officer submitted incomplete reply.

14. After going through the presentation on Decision Support System and cxammmg the proposal, the committee decided to defer the proposal to next E""_eeting umil the following information is provided by the state government through :\odal Officer: V K~~ ~ i) Site inspection repon of CF after 23.11.2016. ii) Status of road after KNI 13.40. iii) Rectification of KML file of CA site to accommodate the entire number of plants to be planted as per CA scheme.

(Gaura\· Gaur) (V.N. Sharma) Member (not present) Member (not present)

~~ ~ "Kuldeep Singh) (Sam Datt Sharma) :'vlember C.F. cum Member-Secretary ~~~ (Harsh Mitter) .,\PCCF cum Chairperson

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