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14 December, 2016 (Haryana)

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14 December, 2016 (Haryana) 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 Haryana 2015-CHA ha Office W/S Narwana Branch Rd 230983 to Saraswati Pehowa Tirth, Pahowa, R/s, under Forest Division I I and District Kurukshetra, 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, Chandigarh 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, Gurgaon 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 Faridabad 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.
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