AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 26th JULY, 2018
Sandeep Sharma, AIGF (FC)
S. Area Page File No. Name of the proposal State Category No. (ha.) No. Diversion 502.00 ha of forest land for renewal of lease for Rajnagar RO / Under – Ground Coal Mining project in Anup-nagar District of Madhya Pradesh in favour of CGM Hasdeo region of SECL, and also diversion of 123.56 ha forest land 8-145-2006- (a part of 52.00 ha ) for surface use for the same 502.00 1. FC & project. Chhattisgarh And Mining 3 8-145/2006- and 4.20 FC (Vol.) Additional diversion of 4.20 ha of forest area for Rajnagar OCP in Chhattisgarh and the same is the extension of the already approved proposal of Rajnagar mining lease in adjoining Madhya Pradesh Diversion of 841.538 ha of forest land for Parsa Open Cast Coal Mines Project in favour of M/s. 2. 8-36/2018-FC Rajasthan Rajya Vidyut Utpadan Nigam Limited Chhattisgarh 841.538 Mining 8 (RRVUNL) in Sarguja (614.219 ha )and Surajpur (227.319 ha) Districts of Chhattisgarh. Proposal for diversion of 157.702 ha 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 3. 8-15/2018-FC 2464.054 ha under Chhatrapur Tahasil of Ganjam Odisha 157.702 Mining 21 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. Diversion of balance forest land of 746.3325 ha including 11.8305 ha for safety zone (excluding 95.60 ha of pre-1980 broken up forest land already diverted and 4.467 ha of forest land being proposed for diversion in separate proposal for mining infrastructure of Daitari ML ) within total forest 4. 8-28/2015-FC land of 846.3995 ha located within approved Odisha 746.3325 Mining 29 Mining lease area of 1018.3085 ha for Iron Ore Mining in Daitari Mining lease in Cuttack Forest Division of Jajpur District and Keonjhar (WL) Division of Keonjhar District, Odisha ) M/s OMC Ltd. during Mining lease period as extended under the amended provision MMDR Act. Proposal for prospecting (Research) for 121.83 ha forest land under Forest (Conservation) Act, 1980 for Laser Interferometer Gravitation Wave 5. 8-47/2018-FC Observatory in India (LIGO) in village Dudhala, Maharashtra 121.83 Prospecting 41 Anjanwada, nandgaon Sawali (B), Tal-Aundha (Nagnath), by taking 150 bore holes in 0.375 ha forest area under District-Hingoli of Maharashtra state.
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Application of Sri Sunandan Pradhan (Legal heir of Late Dr. S. Pradhan and Constituted Attorney on behalf of all other legal heirs of Late Dr. S. Pradhan) seeking approval of MoEF&CC under Section 2(iii) of Forest Conservation Act, 1980 6. 8-50/2016-FC Odisha 94.259 Mining 44 over entire forest land of 94.259ha. within total applied Mining lease area of 94.259 ha. located entirely inside Sidhamatha Reserved Forests in Keonjhardistrict, Odisha for Iron and manganese ore mining. Proposal for according permission for use of 5.782 ha. of forest land within total PL area of 153.571 ha. in PL Block No. II (Chromite ore located in village kaliapani and Forest Block No. 27 under Sukinda Tahasil of jajhpur district (Within 7. 8-50/2018-FC Odisha 5.782 Prospecting 49 Juriisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 95 no. of boreholes (95 boreholes @ 0.02 ha each totaling 1.90 ha. and 3.882 ha for construction of road) by M/S OMC Ltd. Proposal for according permission for use of 7.540 ha. of forest land within total PL area of 242.265 ha. in PL Block No. I (Chromite) ore located in village kaliapani and Forest Block No. 27 under Sukinda Tahasil of jajhpur district (Within 8. 8-51/2018-FC Odisha 7.54 Prospecting 54 Juriisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 122 no. of boreholes (122 boreholes @ 0.02 ha each totaling 2.44 ha. and 5.100 ha for construction of road) by M/S OMC Ltd. Guidelines under Forest (Conservation) Act, 1980 7-27/2014- Policy 9. for diversion of private forest land for construction 58 ROHQ Issue of residential building-reg.
Shri Shrawan Kumar Verma, DIG (FC)
S. Area Page File No. Name of the proposal State Category No. (ha.) No. Diversion of 1283.57 ha of forest land for coal Madhya 1. 8-06/2007-FC Mining in Amelia Coal Block by THDC india 1283.57 Mining 61 Pradesh Limited in Singrauli District of Madhya Pradesh. Diversion of 98.1004 ha. of forest land in favour of SJVN Ltd. Bithal Shimla, for the construction of Luhri HEP Stage-I (219.00 MW), within the Himachal 2. 8-48/2018-FC 98.1004 Hydel 64 jurisdiction of Ani, Kotgarh and Rampur Forest Pradesh Division, District Shimla & Kullu, Himachal Pradesh.
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ADDITIONAL AGENDA FOR THE MEETING OF FOREST ADVISORY COMMITTEE SCHEDULED TO BE HELD ON 26th July, 2018 Sandeep Sharma, AIGF (FC)
S. Area Page File No. Name of the proposal State Category No. (ha.) No. Diversion of 22.549 ha of Forest land for Public Utility infrastructure to the Rehabilitation of 1. 8-95/2012- Project Affected Persons (PAPs) of Navi Mumbai Maharashtra 22.549 Others FC vol International Airport at Pushpaknagar of Village- Dapoli, Tal.- Panvel, Dist. Raigad, Maharashtra Diversion of 24.446 ha of forest land in respect of Balda Block Iron ore Mines of M/s Serajuddin & Co under Keonjhar Forest Division in Odisha regarding extension validity of permission grated vide letter F.No.8-119/96-FC (pt) dated 12.03.2012 and diversion of 34.39 ha of sabik kisam forest land 8-119/1996- as on 25th October 1980 (treated as non- 2. FC pt. & 8- forest land in hal record) in addition to 24.446 Odisha 24.446 Mining 39/2016-FC ha of forest land already diverted out of total forest land of 302.402 ha (including sabik kisam forest land of 44.269 ha) within the ML area of 335.594 ha in Balda iron ore Mines of M/s Serajuddin & Co. in village Balda, Bada kalimati under Barbil Tahasil and village Nayagarh under Jhumpura Tahasil in Keonjhar district, Odisha.
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Sandeep Sharma, AIGF (FC) Agenda No. 1
F. No. 8-145/2006-FC F.No.8-145/2006-FC (Vol.) From pre-page This is regarding a proposal for diversion 502.00 ha of forest land for renewal of lease for Rajnagar RO / Under – Ground Coal Mining project in Anup-nagar District of Madhya Pradesh in favour of CGM Hasdeo region of SECL, and also diversion of 123.56 ha forest land (a part of 52.00 ha ) for surface use for the same project. and Additional diversion of 4.20 ha of forest area for Rajnagar OCP in Chhattisgarh and the same is the extension of the already approved proposal of Rajnagar mining lease in adjoining Madhya Pradesh The time-line of the above proposals with brief details are as under:
S. Diversion 502.00 ha Diversion 4.20 ha N. (Madhya Pradesh) (Chhattisgarh) 1. This proposal was received from State Govt. of Madhya The State Government of Chhattisgarh vide their letter no. Pradesh vide their letter no. Letter no. F-1/ 428/06/10- 11 / Bhu-prabandh / Khanij / 628 dated 20.03.2008 submitted 11/2598 dated 23.11.2006 (Pg.1-2/c). another proposal for diversion additional 4.20 ha (in 2. The concerned Regional Office, Bhopal of this Ministry additional to already diverted 123.56 ha as a part of was requested vide this Ministry’s letter dated 502.00 ha) for surface use of forest land for Rajnagar OCP 03.01.2007(F/XX) to carry out site inspection of Coal Mining Project in favour of M/s SECL in proposed forest land for diversion and the site Inspection Manendragarh Forest Division of Korea district of report had been forwarded by the Regional Office, Chhattisgarh. Bhopal on 19.03.2007 (F/YY).
3. This proposal with SIR placed in FAC in its meeting held on 03.07.2007 (F/E and pg. 9-11/n). After detail This proposal was considered by the FAC in its meeting discussion, the FAC recommended that: held on 17.04.2008 and based on the recommendations of 1. 50% of NPV over 502-123.56 = 378.44 ha the FAC (Pg.460-465/c: F/B), the proposal was accorded (underground area) Stage-I approval on 26.11.2008 (Pg.466-467/c:F/C) by this 2. 100% NPV over 123.56 ha. (surface area) Ministry. 3. CA over 123.56 ha. (Surface area) The State Govt. of Chhattishgarh vide its letter No. BHU- 4. Penal CA over twice the area involved in violation Parbandh/Khanij/331-39/886 dated 23.10.2008 (page 485- of the Forest (Conservation) Act, 1980 (8.526 + 495/c) submitted compliance report on Ministry’s letter 6.359 + 6.090) = 20.975 ha x 2 = 41.950 ha (area dated 26.11.2008 (Pg-466-467/c). After examining the said involved in violation of the Forest (Conservation) compliance the Ministry vide its letter dated Act, 1980) 10.10.2011(page 499/c) requested to submit additional 5. Penal Interest on payment of NPV from 25.10.2004. information. The State Govt. of Chhattishgarh vide its letter It was also recommended by FAC that the user SECL No. BHU-Parbandh/Khanij/331-39/143 dated 17.01.2018 should fix the responsibility for the violation of the FCA (page 500-716/c) has submitted their response on Ministry’s letter dated 10.10.2011. and submit an Action Taken Report to the Ministry at the earliest. Condition-wise compliance report for diversion of 4.20 ha 4. Accordingly, the file was processed for approval of of forest land for renewal of lease for Rajnagar RO/Under competent authority on 17.07.2017(Pg.11/n). Ground Coal mining project may kindly be seen at para 2 5. In pursuance to Hon’ble Supreme Court’s order dated below: 27.04.2007 in IA No. 1413, 1414 etc. in WP (C) No. 202/1995, which inter-alia states that “….. fresh cases may be cleared Project.-wise by the FAC and thereafter such clearances shall be placed before this Court for approval….”,the above proposal with recommendation of FAC was placed before the Hon’ble Supreme Court of India and the Hon’ble Court has cleared the proposal vide its order dated 28.09.2007. Further, the Hon’ble MOS(F&WL) has approved the proposal on 01.11.2007 . 6. Stage -1/ In-principle approval was granted on 10.01.2008(F/ZZ)
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7. State Govt. vide their letter dated 21.08.2009 (Pg.238- 242/c:F/AA) suggested the change of penal interest on the payment of the NPV w.e.f. 25.10.2004 to fulfill the condition stipulated by the GoI. On which the Ministry vide its letter dated 02.12.2009 (F/BB) clarified that the penal rate of interest would be same which is levied on govt. outstanding dues as per State Govt.’s treasury. 8. The User Agency vide their letter dated 20.07.2012 has given a representation for exemption from payment of penal interest on the payment of NPV and further User Agency vide their letter dated 20.07.2012 requested to modify condition No. 2.1 and 2.4 of the Stage-I approval dated 10.01.2008 i.e. raising of CA over equivalent non- forest land and Penal CA over double the area (41.950 ha) used in violation of Forest (Conservation) Act, 1980, respectively. In response to above representation of User Agency, the Ministry vide its letter dated 19.02.2014 (F/CC) inform the State Govt. to direct the user Agency to furnish the Status of Compliance of rest of the conditions stipulated in the Stage-I approval as the State Govt. / User Agency has failed to submit compliance report even after laps of period of 4 years. 9. The Nodal Officer (FCA), Government of Chhattisgarh vide their letter No. F-1/428/2006/10-11/1304 dated 19.05.2017 (Pg.327-451./c) has submitted the compliance report on the conditions stipulated in the Stage-I approval dated 10.01.2008. Condition-wise compliance for diversion of 502.00 ha of forest land for renewal of lease for Rajnagar RO/Under Ground Coal mining project may kindly be seen at pg.22-25/n:F/F. After examination of the said compliance report, the Ministry vide its letter dated 19.09.2017 (Pg-453/c) requested the State Government of Madhya Pradesh to submit the following information/documents, which is still awaited: (i) The Ad-hoc CAMPA, vide its note dated 1.06.2015 has reported that a report on remittance of funds in the account of Ad-hoc CAMPA cannot be furnished for want of complete and exact details of compensatory levies realized from the user agency in lieu of diversion of forest. that details of compensatory levies realized from the project proponent in lieu of diversion of forest land are not furnished by the State Government in the format, prescribed by the Ad-hoc CAMPA. The State Government is hereby advised to invariably submit the details of compensatory levies realized from the user alongwith compliance report in the format, as prescribed by the Ad-hoc-CAMPA (copy enclosed) to avoid discrepancies and delays in confirmation of the receipt of funds in the account of Ad-hoc- CAMPA. (ii) The State Government / user agency has to furnish compliance for condition no. (ii), (iii) and (iv), in the stage – I approval letter dated 10.01.2008. (iii) The user agency has to submit the undertaking for the condition No. (xi), (xv) and (xvii) in the Stage – I approval letter dated 10.01.2008.
2. The summary of the complete compliance for the proposal of 4.20 ha.is as under.
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S. Condition Compliance Status No. 1. Compensatory Afforestation shall be raised and In compliance to this condition, it is reported by the State maintained over non-forest land equal in extent Govt. that under special provision for Central to the forest land proposed to be diverted (i.e. over Government/Central government Undertaking 4.20 ha). The User Agency shall transfer the cost projects Regarding CA may be raised on degraded of Compensatory Afforestation and its forest land twice in extent of forest area being maintenance to the State Forest Department. diverted the fully compliance forwarded by the State Govt. It is further reported that Rs. 5,53,140/- at the rate of Rs. 65,850/- per ha for 8.4 ha (2 times of forest are being diverted i.e. 4.2ha) has been deposited and remaining difference shall be deposited in final clearance. The User agency also stated vide their letter dated 15.01.2018 (Pg. 504-507/c )that Total amount of Rs. 14.34,183/- has been transferred by User Agency towards Compensatory Afforestation (CA) in two parts- (a) DFO Manendraarh (vide his letter no. DM/2008/8354 dted 12.12.2008) raised demand of Rs. 5,53,140/- at the rate of Rs. 65,850/- per ha for 8.4 ha (2 times of forest are being diverted i.e. 4.2ha). SECL Hasdeo Area transferred the amount of Rs. 5,53,140/- (included in total transfer amount Rs. 30,27,140/-) through RTGS from SBI, Manendragarh to CAMPA Union Bank of India, Shankar Nagar, Raipur in Account No.- 540901010050423 on dated 14.01.2009. Subsequently the same amount has been transferred from UBI, Shankar Nagar, Raipur to UBI, New Delhi on dated 20.04.2009 vide transfer id- AA296542 in A/c 344901010070184. (b) DFO, Manendragarh vide letter 2017/1639 dated 08.09.2017 raised demand of Rs. 8,81,043/- as difference amount of CA. Accordingly, SECL Hasdeo Area transferred the amount through RTGS from PNB, Manendragarh to Chhattisgarh CAMPA Corporation Bank, FCS Bangalore in Account No- 150645879500519 on dated 14.12.2017 and UTR no. PUNBR52017121419409216.
2. The State Government shall immediately transfer In compliance to this condition, it is reported by the State and mutate the non-forest land identified for Govt. that it is not applicable as per special provision for Compensatory Afforestation, in favour of the Central Government/Central Government Undertaking State Forest Department. projects regarding CA as stated in compliance status of Condition No. 1. 3. The non-forest land identified for raising In compliance to this condition, it is reported by the State Compensatory Afforestation shall be notified as Govt. that it is not applicable as per special provision for Reserved Forest under Section - 4 / Protected Central Government/Central Government Undertaking Forest under Section 29, of the Indian Forest act, projects regarding CA as stated in compliance status of 1927, by the State Government immediately. Condition No. 1.
4. The State Government shall charge the Net In compliance to this condition, it is reported by the State Present Value of the forest area diverted under this Govt. that an amount of Rs. 30,66,000/- has been proposal from the User Agency, if not already transferred by User Agency towards Net Present Value done, as per the Orders of the Hon'ble Supreme (NPV) in two parts- Court of India dated 30.10.2002 and 01.08.2003 a. Rs. 2364600/- (included in total transfer amount Rs. and 04.08.2006 and 28.03.2008 in WP (C) No. 202/1995 and as per the guidelines issued by this 3027140/-) through RTGS by SBI Manendragarh to 6 | P a g e
Ministry vide letters No. 5-1/1998-FC (Pt. II) CAMPA Union Bank of India, Shankar Nagar, Raipur dated 18.09.2003 and 22.09.2003 in this regard. in Account No.- 540901010050423 & Subsequently the same amount has been transferred from UBI,
Shankar Nagar, Raipur to UBI, New Delhi on dated 20.04.2009 vide transfer id-AA296542 in A/c No- 344901010070184
b. Rs. 701400/- through RTGS by PNB Manendragarh to Ad-hoc CAMPA, Union Bank of India, New Delhi in Account No. 344901010070184 UTR No. PUNBH10008008691 on dated 08.01.2010.
5. At the time of payment of the Net Present Value In compliance to this condition, the State Govt. reported (NPV) at the present rate, the User Agency shall that the user agency has given an undertaking and placed furnish an undertaking to pay the additional NPV, in file at pg. 508/c if so determined as per the final decision of Hon'ble Supreme Court of India.
6. All the funds received from the User Agency In compliance to this condition, it is reported by the State under the project shall be transferred to Ad-hoc Govt. that Rs. 3027140/- has been transferred by User CAMPA in account number CA 1591 of Agency through RTGS, SBI manendragarh to CAMPA and Corporation Bank, Block-11, CGO Complex, An amount of NPV of Rs. 7,01,400/- has been Phase-1, Lodhi Road, New Delhi - 110 003. transferred by User Agency through RTGS, PNB Manendragarh to Ad-hoc CAMPA. 7. The User Agency shall create, fence and maintain In compliance to this condition, it is reported by the State a proper safety zone around the mining area. The Govt. that an amount of Rs. 1,09,400/- (included in total User Agency shall deposit funds with the Forest transfer amount Rs. 3027140/-) ha been transferred by User Department for the creation, protection and Agency through RTGS, SBI manendragarh to CAMPA, regeneration of the safety zone area, and also shall Union Bank of India, Shankar Nagar, Raipur branch on bear the cost of afforestation over one and a half dated 14.01.2009 for creation, protection and regeneration time of the safety zone area in degraded forest of the safety zone area as well cost of Afforestation & elsewhere. Subsequently the same amount has been transferred from UBI, Shankar Nagar Raipur to UBI New Delhi on dated 20.04.2009 vide transfer id-AA296542 in No. 3449010070184. 8. The period of lease shall be for a period of 20 In compliance to this condition, the State Govt. reported years as per MMRD Act 1956. that the user agency has agreed for which an undertaking is given and placed in file at pg. 509/c
9. The user agency shall fence, raise and maintain In compliance to this condition, the State Govt. reported plantations of suitable tree species on the surface that the user agency has agreed for which an undertaking is area of the mine. given and placed in file at pg. 510/c
10. No damage shall be caused to the top-soil and the In compliance to this condition, the State Govt. reported surface area of the mine. If any damage to the top that the user agency has agreed for which an undertaking is soil and the surface are of the mine is reported, given and placed in file at pg. 511/c than the User Agency shall raise and maintain Compensatory Afforestation and Penal Compensatory Afforestation as may be stipulated under rules. 11. The forest land shall not be used for any purpose In compliance to this condition, the State Govt. reported other than that specified in the proposal. that the user agency has agreed for which an undertaking is given and placed in file at pg. 512/c
12. All other conditions stipulated by the State In compliance to this condition, the State Govt. reported Government of Chhattisgarh at the time of that the user agency has agreed for which an undertaking is submission of the proposal shall be complied with given and placed in file at pg. 513/c by the user agency.
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13. Other Standard conditions as applicable to In compliance to this condition, the State Govt. reported proposals related to underground mining / surface that the user agency has agreed for which an undertaking is rights shall also be applicable in the instant case. given and placed in file at pg. 514/c
3. From the examination of compliance above, the following is observed: (i) In case of diversion 502.00 ha of forest land in Madhya Pradesh, The FAC in its meeting held on 03.07.2007 observed that RO, Bhopal reported violation of FCA in its site report and the Committee specifically recommended that:
a. 50% of NPV over 502-123.56 ha =378.44 ha b. 100% NPV over 123.56 ha. c. CA over 123.56 ha. d. Penal Compensatory Afforestation over 20.975 ha. x 2 = 41.95 ha. e. Penal Interest on payment of NPV from 25.10.2004
The Nodal Officer (FCA), Government of Chhattisgarh vide their letter No. F-1/428/2006/10-11/1304 dated 19.05.2017 (Pg.327-451./c) has submitted the compliance report on the conditions stipulated in the Stage-I approval dated 10.01.2008. Condition-wise compliance for diversion of 502.00 ha of forest land for renewal of lease for Rajnagar RO/Under Ground Coal mining project may kindly be seen at pg.22-25/n:F/F. After examination of the said compliance report, the Ministry vide its letter dated 19.09.2017 (Pg-453/c) requested the State Government of Madhya Pradesh to submit the following information/documents, which is still awaited:
(a) The Ad-hoc CAMPA, vide its note dated 1.06.2015 has reported that a report on remittance of funds in the account of Ad-hoc CAMPA cannot be furnished for want of complete and exact details of compensatory levies realized from the user agency in lieu of diversion of forest. that details of compensatory levies realized from the project proponent in lieu of diversion of forest land are not furnished by the State Government in the format, prescribed by the Ad-hoc CAMPA. The State Government is hereby advised to invariably submit the details of compensatory levies realized from the user alongwith compliance report in the format, as prescribed by the Ad- hoc-CAMPA (copy enclosed) to avoid discrepancies and delays in confirmation of the receipt of funds in the account of Ad-hoc-CAMPA. (b) The State Government / user agency has to furnish compliance for condition no. (ii), (iii) and (iv), in the stage – I approval letter dated 10.01.2008. (c) The user agency has to submit the undertaking for the condition No. (xi), (xv) and (xvii) in the Stage –I approval letter dated 10.01.2008.
(ii) In case of diversion additional 4.20 ha ( in additional to already diverted 123.56 ha as a part of 502.00 ha) for surface use of forest land for Rajnagar OCP Coal Mining Project in favour of M/s SECL in Manendragarh Forest Division of Korea district of Chhattisgarh, the user agency has deposited the compensatory levies of Rs.37,28,140/- (CA: Rs. 5,53,140/- + NPV: Rs. 30,66,000/- + Any other charges/levies: : Rs. 1,09,400/-) in the account of Ad-hoc CAMPA. towards the proposal of for. the details of funds as deposited are as under. Amount in Rs.
Confirm by Ad-hoc Confirm by E- S.N. Item Amount(Rupees) CAMPA payment (Pg.719/c) (Pg.720/c) 1. Compensatory Afforestation 142914059 5,53,140 8,81,043 2. Net Present Value 3066000 30,66,000
3. Any other charges/levies: 1,09,400 1,09,400 Total: 37,28,540 8,81,043 Grand Total: 46,09,583
The user agency has given necessary undertakings to comply the conditions stipulated in Stage-I Clearance dated 26.11.2008 for diversion additional 4.20 ha.
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(iii) The SECL i.e. in both the cases, diversion of 502 ha. of forest land in Madhya Pradesh and 4.20 ha. additional forest land in Chhattisgarh, is not complying the conditions for carrying out CA over non-forest land stating that there is a special provision for Central Government/Central Government Undertaking projects Regarding CA to be raised on degraded forest land twice in extent of forest area being diverted.
In view of above, the facts related to the proposal may be placed before in next FAC meeting scheduled to be held in July, 2018 for their examination and appropriate recommendation. It is also proposed to request the State Govt. of Chhattisgarh and Madhya Pradesh to depute the Concerned Nodal Officer (FCA) to attend the FAC meeting. In addition, the SECL representative may be asked to attend the meeting with the pending compliance. ****
Agenda No. 2 F. No. 8-36/2018-FC
Sub: Proposal for diversion of 841.538 hectares of forest land for non-forest purpose under Forest Conservation Act. 1980 for the proposed Parsa Open Cast Mine (5MTPA) in favour of M/s. Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL), in Surguja and Surajpur Districts in the State of Chhattisgarh.
The State Government of Chhattisgarh vide their letter No. F-5-17/2018/10-2 dated 02.05.2018 was submitted the above mentioned proposal for seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980.
2. The facts related to the proposal as contained in the State Government’s letter dated 02.05.2018 are given below in the form of fact sheet.
FACT SHEET 1. Name of the Proposal Proposal for diversion of 841.538 hectares of forest land for non-forest purpose under Forest Conservation Act. 1980 for the proposed Parsa Open Cast Mine (5MTPA) in favour of M/s. Rajasthan Rajya Vidyut Utpadan Nigam Limited(RRVUNL), in Surguja and Surajpur Districts in the State of Chhattisgarh
2. Location (i) State Chhattishgarh (ii) District Surguja and Surajpur 3. Particulars of Forests: (i) Name of Forest Division and Surguja Forest Division and Forest area involved. Surajpur Forest Division
Surguja– 614.219 ha. Surajpur – 227.319 ha Total – 841. 538 ha
Surguja– Protected (370.455 ha.) and Revenue Forest (ii) Legal status/Sy.No. (243.764 ha.) Surajpur – Reserved (137.231 ha.), Protected (48.318 ha) and Revenue Forest (41.77 ha)
(iii) Map forest boundary map – pg. 598/c Forest Cover Map – pg. 601-605/c 4. Topography of the area 5. (i) Geology - (ii) Vulnerability to erosion Surguja - The area is sensitive from the point of view of erosion. Surajpur – Not vulnerable to erosion 6. Density of Vegetation Surajpur: Density – 0.5 Surguja: Density – 0.5
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7. Species–wise (scientific names) and Surajpur– A total No. of 26133 trees are enumerated to be diameter class-wise enumeration of removed. The girth class-wise list is given and may kindly be trees (to be enclosed. seen at Pg.177-229/c.
Surguja– A total No. of 69325 trees are enumerated to be removed. The girth class-wise list is given and may kindly be seen at Pg.177-229/c. 8. Whether forms part of National Park, Surajpur: No Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Surguja: The applied area is not a conventional elephant Corridor, etc. (if so, details of the area corridor, but the presence of elephants has often been and comments of the Chief Wildlife recorded. Near to proposed area in 02 days 04 people killed. Warden to be annexed). The way the elephant returned from the same route and it is close to the area of Bears in Korba and presence of Sloth Bear also recorded. 9. Whether any RET species of flora Surajpur :- No and fauna are found in the area. If so Surguja:- The area is the Sal forest area, which is the details thereof specified forest produce and the state tree. 10. Approximate distance of the Surajpur :- with in the boundary of forest area. proposed site for diversion from Surguja:- proposed area of forest land is adjacent to boundary of forest. boundary . 11. Whether any protected Surajpur: No archaeological/ heritage site/defence establishment or any other important Surguja: the proposed area is near to Ramgad’s hill . monuments is located in the area. 12. Whether any work of in violation of No the Forest (Conservation) Act, 1980 has been carried out (Yes/No). If yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. 13. Whether the requirement of forest Surajpur: - land as proposed by the user agency in col. 2 of Part-I is unavoidable and Surguja: As per demand barest minimum for the project, if no recommended area item-wise with details of alternatives examined. 14. Whether clearance under the Not seen Environment (Protection) Act, 1986 is required?
15. Compensatory Afforestation
(i) Details of non-forest The compensatory afforestation has been proposed over area/degraded forest area 1684.66 ha. of double degraded forest land in Korea district identified for CA, its distance of Chhattisgarh. and the irrigated CA scheme is attached. The from adjoining forest, number of DCF, Korea Forest Division has certified that the land patches, size of each patches. identified for raising CA is free from encroachment and (ii) Map showing non- encumbrances and is suitable from management view point. forest/degraded forest area Khasra – wise details of CA with suitability certificates are as identified for CA and adjoining under: forest boundaries. s. Khasra Proposed Pg. no. (iii) Detailed CA scheme including No. No. Area species to be planted, implementing agency, time 1. 05 15.490 ha (Pg.- 1953-1972/c) schedule, cost structure, etc. (iv) Certificate from the competent authority regarding suitability of the area identified for CA and 2. 06 22.530 ha (Pg.- 1973-1992/c from management point of view. 10 | P a g e
3. 04 27.380 ha Pg.- 1993 - 2011/c
4. 13 45.870 ha (Pg.- 2012-2031 /c
5. 08 14.440 ha (Pg.2032 – 2051/c)
6. 10 21.570 ha Pg. 2052-2071/c
7. 31 71.090 ha Pg. 2072-2092/c
8. 15 86.070 ha Pg. 2093 – 2111/c
9. 05 34.460 ha Pg. 2112-2131/c
10. 04 18.110ha Pg. 2132-2151/c
11. 04 20.530ha Pg. 2152-2171/c
12. 08 12.420 ha Pg. 2172-2191/c
13. 10 24.200 ha Pg. 2192-2211/c
14. 09 12.940 ha Pg. 2212-2231/c
15. 11 29.670 ha Pg. 2232-2251/c
16. 43 123.400 ha Pg. 2252-2272/c
17. 05 23.630 ha Pg. 2273-2292/c
18. 08 20.470 ha Pg. 2293-2312/c
19. 22 74.980 ha Pg. 2318-2337/c
20. 07 12.110 ha Pg. 2338 – 2357/c
21. 09 10.010 ha Pg. 2358-2377/c
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22. 03 11.570 ha Pg. 2378-2397/c
23. 14 10.770 ha Pg. 2398-2418/c
24. 09 10.010 ha Pg. 2419-2438/c
25. 08 10.210 ha Pg. 2439-2458/c
26. 20 26.480 ha Pg. 2459-2479/c
27. 08 10.00 ha Pg. 2480-2500/c
28. 01 12.500 ha Pg. 2501-2521/c
29. 24 92.850 ha Pg. 2522-2541/c
30. 08 25.290 ha Pg. 2542-2561/c
31. 05 11.630 ha Pg. 2562-2581/c
32. 03 10.720 ha Pg. 2582-2600/c
33. 05 11.090 ha Pg. 2601-2621/c
34. 28 18.860 ha Pg. 2621-2641/c
35. 54 54.320 ha Pg. 2642-2661/c
36. 14 23.770 ha Pg. 2662-2679/c
37. 02 20.00 ha Pg. 2680-2699/c
38. 02 10.750 ha Pg. 2705 -2724/c
39. 04 30.460 ha Pg. 2725-2744/c
40. 29 258.720 ha Pg. 2745-2765/c
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41. 03 14.680 ha Pg. 2766-2785/c
42. 04 12.270 ha Pg. 2786 – 2805/c
43. 04 51.640 ha Pg. 2806-2825/c
44. 02 13.290 ha Pg. 2826-2845/c
45. 03 10.010 ha Pg. 2846-2863/c
46. 02 15.860 ha Pg. 2864-2883/c
47. 05 22.870 ha Pg. 2884-2904/c
48. 06 35.50 ha Pg. 2904-2923/c
49. 02 37.780 ha Pg. 2924-2948/c
50. 05 22.430 ha Pg. 2949-2969/c
51. 06 54.270 ha Pg. 2970-2983/c
52. 03 12.690 ha Pg. 2984-3003/c
(v) Total financial outlay for CA Total financial outlay for the compensatory afforestation
Scheme scheme is Rs. 1,01,11,69,995.00/-.
16. Catchment Area Treatment Plan Not applicable
17. Rehabilitation of Oustees In part-I, it is mentioned that 411 No. of families involved
a) No of families involved which includes 368 No. SC/ST families
b) Category of families
c) Details of rehabilitation plan R&R plan is given and the same may kindly be seen at pg.
5290-5406/c. But it is not clear wheather R&R plan has been
approved by the competent authority.
18. Compliance of Scheduled Tribe and The complete compliance on Scheduled Tribes and Other
Other Traditional Forest Dwellers Traditional Forest Dwellers (Recognition of Forest Rights) (Recognition of Forest Rights) Act, Act, 2006 has been given as detailed below:
2006 Surguja: FRA Certificate: 614.219 ha.(Pg. 361/c)
Surjpur: FRA Certificate: 227.319 ha.(Pg. 464 /c)
It is also mentioned in the certificates that obtaining consents from gram shabhas under section 3 (2) of the FRA for proposed area are not applicable. 19. Total Cost of the Project 1960.00 Crores 20. Employment Potential About 768 person will get the employment. 21. Cost benefit Analysis The cost benefit analysis as given may kindly be seen at pg.232-238/c. 13 | P a g e
The cost benefit ratio is- 10.31 22. Recommendations: i. DFO Surajpur-Pg.318-331/c with SIR Sarguja-Pg.312-315/c with SIR ii. CCF Pg.335/c iii. Nodal Officer/PCCF Pg.337/c iv SG Pg.338/c 23. District Profile (i) Total Geographical area of the Surajpur-5181.588 Sq KM district Sarguja-4043.299 Sq. Km.
(ii) Total Forest area/Divisional Surajpur- 1761.931Sq. Km. Forest area Sarguja-144015.367 ha
(iii) Total area diverted Surajpur- 338.08 sq. km. since 1980 Sarguja-2599.555 ha
(iv) Total CA stipulated since 1980 a. Forest land including penal Surajpur- Nil CA b. Non Forest Land` Sarguja- Nil
(v) Progress of compensatory Afforestation. Surajpur- 3708.702 ha (a) Forest land including penal Sarguja-.3982.505 ha compensatory Afforestation
(b) Non-forest land Surajpur- 67.167 ha Sarguja-Nil
3. Site Inspection Report: The Site Inspection Report (SIR) for this proposal was carried out by Sh. CharanJeet Singh, Scientist–C, Regional Office, Nagpur. The SIR (Pg. 6740-6768/c) is reproduced below:
1. Legal status of the forest land proposed for diversion:
Legal status of the land proposed for diversion is Reserved Forests, Protected Forest land and Revenue Forests land. The total area of the mining lease is 1252.447 ha comprising of 841 .538 ha of forest land and 410.909 ha of non- forest land as per detail given below:
Area involved and legal status forest land Revenue/Private Land (Ha) Grand S. Name of (Ha) Total No. division Protected Reserved Revenue Revenue Private Total Total (Ha) forests Forests Forests Land Land 1. Surguja 370.455 0.0 243.764 614.764 40.005 250.518 290.523 904.742 2. Surajpur 48.318 137.231 41.77 227.319 5.538 114.848 120.386 347.705 Total 418.773 137.231 285.534 841.538 45.543 365.366 410.909 1252.447
2. Item-wise break-up details of the forest land proposed for diversion: Purpose wise breakup of the forest land is given as under:
S. Particulars of project Forest land (Ha) Non-Forest Total No. components Land 1. Mining Quarry area 804.362 318.94 1123.302 2. Safety Zone 6.073 0.0 6.073 3. External Dump 10.174 53.910 64.084 4. Road 0.090 2.280 2.370 5. Nallah Diversion 9.213 5.588 14.801 6. CHP Belt/Coal Washery 3.716 9.870 13.586
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7. Infrastructure 5.043 8.185 13.228 (Sub-Station/Electricity Line) 8. Settling Pond 0.010 2.250 2.260 9. Top Soil Storage area 1.798 0.802 2.600 10. Rationalization area 1.059 9.084 10.143 Total 841.538 410.909 1252.447
From the examination of the components wise break up of forest land, following was observed during the inspection: (i) It was observed that the PP has proposed a coal washery in their lease area. It is also worth mentioning here that the User Agency has already set up a coal washery of 1O MT capacity for their Parsa East and Kete Basan (PEKB) Coal Block. Proposal for the enhancement of capacity 10 MTPA to 15 MTPA is currently under consideration of the MoEF&CC, New Delhi. On being asked regarding exploring the possibility of the utilizing the existing washery, the representatives of the User Agency have informed that currently, the PEKB mine is operating at an annual capacity of 10 MTPA and after obtaining the environment clearance to enhance the production capacity of the mine from 10 MTPA to 15 MTPA, existing coal wahsery will become fully saturated and may not be utilized for the coal to mined out from Parsa Coal Block. The User Agency has further informed that using the existing coal washery will results into additional transportation over a distance of approximately 5.0 km to transport coal from the pit head of Parsa Coal block to coal washery of PEKB coal block resulting into environment pollution and additional infrastructure. (ii) The rationalization area or non-mineralization area has been included in the proposal to accommodate for the unforeseen infrastructure which may be required in future on account of construction of roads, dumps, green belt development, etc. (iii) Settling pond has been proposed to arrest the silt from flowing into the natural resources. (iv) A local perennial nallah (Shali nallah) observed to be flowing in the lease area of the User Agency. The said local Nallah originates from the contiguous PEKB Coal Block and traverse through the north - eastern part of the Parsa Coal Block. Shali Nallah meets with another local nallah which originated from the Parsa Coal Block near to the north eastern boundary of the coal block. The Shali nallah ultimately falls into the Atom River, after taking a course of approximately 3 kms outside the coal block. The nearest distance of Atom river from the boundary of the Parsa Coal Block is approximately, 2.0 km. The PP has proposed diversion of Shali nala along the boundary of the eastern and Northern Boundary of the Parsa Coal Block. The PP has informed that a study on the feasibility of diverting the Shali nallah has been undertaken by the Water Resource Department. However, finding of the study could not be made available by the User Agency during the inspection. A plan showing the proposed diversion of nallah is enclosed at Annexure-1 (Pg.6751/c).
3. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof.
No administrative or residential buildings have been proposed to be constructed in the forest area being sought for diversion . However, infrastructure such construction of CHP belt, coal washery, sub-station have been proposed to be constructed in the area. 4. Total cost of the project at present rates.
Rs. 1,960 crores 5. Wildlife
Whether forest area proposed for diversion is important from wildlife point of view or not. With respect to the faunal diversion, species like elephant, sloth bear, hyena, leopard, jackal and wild boar have been reported in the region by the State Forest Department based on the data maintained by them on hand stray movement of the elephants in the area. The DCF has also mentioned that area proposed for diversion does not form the part of any Elephant Corridor. It was also informed recently stray movements of elephants were noticed in the Ghatbarra area which is near to the mining lease boundary of the User Agency. It was informed during the inspection that stray movements of the elephants are not frequent in the area. Further, discussion held with the DFO revealed stray movements of an elephant was noticed in the area during January to February in the area from Korba forests.
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The User Agency has informed that a biodiversity assessment Study has been assigned to the ICFRE, Dehradun. Proposal for undertaking the said study is yet to be received from the ICFRE. The User Agency has further informed that Biodiversity Assessment Study will be completed in two years As per the discussion held with the Divisional Forest Officer, during earlier visit to the site on 13.09.2017, it was gathered that there are no notified corridors of the elephants in the State. However, movements of elephants in Chhattisgarh occur form Jharkhand and Odisha regularly along their existing corridors. The DFO, Surguja informed that elephants migrate to Chhattisgarh from Jharkhand and Odisha and the movements mainly occurs in Surguja, Korba, Jashpur, Raigarh and Korea Districts. It was also informed that no mapping of the corridors of the elephant's movements has been done so far. It was further elaborated during the discussion with the officials/staff of the Forest Department that based on the reporting of elephants movements in the area, following three tentative migratory routes are undertaken by the elephants: Route-I Elephants enter the State of Chhattisgarh from Jharkhand in the North in Jashpur District, pass through the forest areas and reaches to Tamor Pingla and Samersot Wildlife Sanctuary in Balrampur and Surajpur District, respectively. From these two sanctuaries stray movement of elephants occurs in nearby forest area like Mainpat. Route-II Elephants enter Chhattisgarh from Odisha in the east in Raigarh District take route through the forests of Dharamjaigarh and reaches to Korba. The dense forests of Lemru in Korba serve as temporary habitat of elephants. During the course of their temporary stay the elephants make stray movements to the nearby forest areas. Route-III Elephants enter Chhattisgarh from Odisha in the east in Raigarh District, traverse through the forests of Dharamjaigarh, Pathalgaon/Jaspur , Sitapur, Lakhanpur/Surgujaand then reaches to Tamar Pingla WLS in Surajpur Distrct. (v) It was further revealed during discussion that area in question does not form the migratory route/corridor of any wild animals particularly, elephant. The officials/staff of the Forest Department further adverting to the record pertaining to the human-wildlife conflicts revealed that during the last period of 4 years and current year, intensity of human-wildlife conflicts, in respect of leopard has been reported high in Forest Ranges of Lundra, Sitapur, Ambikapur , and Udaipur. A list containing detail of human-wildlife conflicts is enclosed as Annexure- II(Pg.67562/c).
It was further informed that during the course of their movements along the above corridors, stray movements of elephants occurs to the nearby forest areas and during such movements, human• wildlife conflicts occurs. It was further reported that no regular movements of elephants has been reported in the Parsa Coal Block, PEKB and Kete Coal Block. The nearest stray movement of the elephants was recorded in Patkura village and Ghatbarra area which are located a distance of approximately 20 Km and 4 km, respectively from the mine of the User Agency. Further, Conservator of Forests (Wildlife) & Field Director (Elephant Reserve) Surguja Forest Circle Ambikapur vide his letter no. 1651 dated 24.08.2016 has inter-alia informed that area proposed for diversion does not form the part of notified elephant corridor. However, currently, there are movements of elephants in the Forest Divisions and accordingly consent is accorded subject to following: (i) The necessary measures like construction of natural trail, corridor management and arrangement of elephant's lights in the fields and houses in the nearby villages shall be under taken in the proposed corridor in consultation with the concerned Divisional Forest Officer at the cost of User Agency. 6. Vegetation:
Forest type of the area includes moist peninsular Low Level Sal Forest Southern Moist Mixed Deciduous Forest and Dry peninsular Sal Forest. During the inspection it was observed that vegetation density of the forest area cover varies from 0.4 to 0.7. Though the DCF concerned in Part-II have reported density as 0.5 and CCF, Ambikapur in his inspection report has report h reported vegetation . density as 0.5 to 0.6 yet few patches, especially in Surajpur Forest Divison were observed with relatively higher density up to 0.7. Major vegetation composition of the area is Shorea robusta, Terminatia tomentosa, Pterocarpus marsupium, Adina cordifolia, Anogeissus latifolia, Bauhinia spp., Ficus,
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spp., Dalbergia tattifolia, Hotoptelia interifolia, Gmetina arborea, Hardwickia binnata, Lagestromia parviflora, Tectona grantis, Terminalia spp. and other miscellaneous species. i. Details of total number of trees to be felled is given as under:
Above 60 cm girth - 65,416 Below 60 cm girth - 30,042 Total 95,458 ii. Effect of removal of trees on the general ecosystem in the area. The area proposed for diversion has and mixed forests with miscellaneous species including sal with fairly good vegetation density. Felling of large number of trees i.e. 95,458 will definitely have adverse impact on the ecosystem. However, the representative of the User Agency during the inspection informed that all project affected trees will not be felled simultaneously. Felling will be undertaken in a phased manner. The User Agency has informed that approximately 871 trees falling in non-mineralized area will be kept intact and will not be felled. The User agency has further informed that efforts will also be made to transplant the trees falling in the girth category of below 60 cm. It was informed that nearly 13,783 trees of below 60 cm girth category will be transplanted during the mining operations. 7. Background note on the proposal.
The User Agency has three coal blocks allotted in its favour in Hasdeo-Arand Coal field as per detail given below:
S. Name of Coal Block Forest Area Non-forest land Total Area (H) No. (Ha) (Ha) 1. Parsa 841.538 410 .909 1252.447 2. Parsa East and Kete Basan 1898.328 812.706 2711.034 3. Kete Extension 1745.883 16.956 1762.839 Total 4485.749 1240.571 5726.32
(vi) The Parsa coal block is located in the north central part of the Hasdo-Arand Coalfield in Udaipur and Premnagar Tehsil, Surguja and Surajpur Districts of Chhattisgarh State. Hasdeo-Arand coalfield is one of the major coalfields of the central India located in the upper reaches of Mhanad1 Valley Master Gondwana Basin. It is spread over an area of approximately 1200 sq km. Ma1or prt of the coalfield is still virgin with huge resources of power grade coal. There are 18 coal block in Hasdeo-Arand Coal fields. Out of the 18 coal blocks, currently, mining operations are being carried out in 2 coal blocks namely Parsa East and Kete Basan and Chotia coal blocks while proposal in respect of other 4 coal blocks are under consideration in the State/Central Government level. Detail of coal blocks situated in the Hasdeo-Arand Coal field and status of grant of forest clearance thereof is enclosed at Annexure- III (Pg.6754/c).
The Parsa Coal Block was earlier allotted to M/s Chhattisgarh State Power Generation Company Limited (CSPGCL) and Mining Plan and Mine Closure Plan (5 MTPA) was approved by Ministry of Coal Vide Letter No.-13016/90/2006- C A-I (Part) on 19th May, 2014. However, Hon'ble Supreme Court vide its order dated 24th September 2014 de- allocated coal blocks including Parsa Coal Block. Subsequently, in accordance with the provisions of the Coal Mines (Special Provisions) Ordinance, 2014 , the Ministry of Coal, GOI vide its letters dated 18th December 2014 and 18th February 2015 earmarked coal blocks for allotment and invited applications from the Government Companies. The User Agency applied to Nominated Authority of Ministry of Coal, GOI for allotment of Parsa Coal Block for captive use in its thermal Plants located in the State of Rajasthan. Subsequently, Ministry of Coal, Government of India on 24.03.2015 allotted Parsa Coal Block to the User Agency in accordance to Coal Mines (Special Provisions) Act, 2015 & Coal Mines (Special Provision) Rules, 2014 and executed the allotment agreement. The Parsa coal block is contiguous to Parsa East and Kele Basan (PEKB) and Tara coal blocks. Parsa Coal Block is located in six villages, namely Salhi, Hariharpur, Ghatbara, Fatepur under Udayapur Tahasil of Surguja district and Janardanpur , village of Premnagar Tahasil of Surajpur district. The block is rectangular in shape and extends about 3.10 km along the strike direction (NW-SE) and about 4.3 km along the dip direction (SW). Total geological reserves estimated for stands at 256.40 MT while mineable reserves estimated by opencast mining stands at 200.41 MT. Mining plan was approved for production capacity of 5 MTPA. 17 | P a g e
8. Compensatory afforestation:-
Compensatory afforestation has been proposed over Revenue Forest land, double in extent to the forest land being diverted, in Korea District in the State of Chhattisgarh. i. Whether land for compensatory afforestation is suitable from plantation and management point of view or not. The DCF, Korea Forest Division has certified that the land identified for raising CA is free from encroachment and encumbrances and is suitable from management view point. CA sites could not be verified as the land for CA has been identified in 16 patches sites and the CA sites were located in Korea District located at far away from the area proposed for diversion. ii. Whether land for compensatory afforestation is free from encroachments/ other encumbrances. The DCF Korea Forest Division has certified that the land identified for raising CA is free from encroachment and encumbrances and is suitable from management view point. CA sites could not be verified as the land for CA has been identified in 16 patches sites and the CA sites were located in Korea District located at far away from the area proposed for diversion. iii. Whether land for compensatory afforestation is important from Religious/Archaeological point of view. No information has been provided in the proposal. However, representative from the user Agency have informed that CA land is not important from the religious/archaeological view point. iv. Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not. Revenue Forest land in 16 sites has been identified in Korea District as per detail given below:
S.no Name of the District Total Area Area proposed Village (Ha) for CA (Ha)
1. Pendri Korea 97.53 78.59
2. Bodemuda Korea 111.86 108.67
3. Bade Kalua Korea 112.82 111.27
4. Gidmudi Korea 33.44 33.44
5. Chhote Salhi Korea 52.70 48.98
6. Bade Salhi Korea 273.37 266.27
7. Thaggaon Korea 246 .8 201.40
8. Korea Kharqawan 21.09 20.00 9. Salka Korea 29.83 23.30 10. Bari Korea 226.27 226.26 11. Mugum Korea 259.85 258.72 12. Bharda Korea 25.02 20.47 13. Chopan Korea 30.99 30.98 14. Manihouli Korea 45.21 41.21 15. Dhanpur Korea 123.83 118.14 16. JiIda Korea 102.33 96.95 Total 1792.94 1684.65
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v. Map with details
Differential GPS maps of all the sites have been submitted by the User Agency along with the proposal. vi. Total financial outlay
CA scheme involving financial provisions of Rs. 1,01,11,69,995/- has been prepared providing provisions of maintenance for a period of 10 years.
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.
No violation of the Forest (Conservation) Act, 1980 were observed during the inspection. The DCF concerned in Part- II have reported no violation of the Forest (Conservation) Act, 1980. A certificate to this effect has also been submitted by the DCFs concerned. 10. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not. Details be furnished specifically if rehabilitation plan would affect any other forest area by trans-locating outstees in and around the said forest.
Yes. Proposal involves displacement of 411 families of Janardanpur village, comprising of 3 SC families, 366 ST families and 43 general families. R&R Plan for the displacement of the project affected families has been prepared and the same has been submitted along with the proposal. It was further informed that R&R has been prepared in consonance with the State Government of Chhattisgarh's R&R Policy. 11. Reclamation Plan:
Yes. The reclamation of the mine will be undertaken by the PP in accordance with the approved progressive Mine Closure Plan. i. Details and financial allocation.
12. Details on catchment and command area under the project. -NA
However, given the fact that total area involved in the 3 coal blocks allotted to the User Agency is 5,726.32 ha in the catchment area of Hasdeo river- a tributary of Mahanadi river, a catchment area treatment plan in the immediate catchment of Atom river should be implemented at the cost of User Agency to arrest silt and augment in-filtration of runoff water to improve the perennial water regime in the region. 13. Cost benefit ratio.
Total Cost - Rs. 2,042.50 lakhs Total Benefits- Rs. 21,063.34 lakhs BC Ratio -1:10.31
14. Recommendations of the Principal Conservator of Forests/State Government.
The Principal Chief Conservator of Forest, Government of Chhattisgarh has recommended the proposal with following conditions: i. The labouers working in the mine shall be provided with piped gas supply to avoid pressure on the surrounding forests. ii. The User Agency shall ensure that construction of residential accommodation for workers will be undertaken separately on non-forest land to avoid pressure on forest land for temporary construction; and iii. Safety zone shall be fenced with recoiled barbered wire fencing of 6 feet high for the protection of forests
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15. Recommendations of Regional Chief Conservator of Forests along with detail reasons.
Recommendations of the Addl. PCCF (Central) have been appended separately.
16. Addl. Principal Chief Conservator of Forests (Central) shall give detailed comments on whether there are any alternatives routes/alignments for locating the project on the non-forest land.
The detailed observations on the proposal have already been made in the inspection report. From the observations recorded in the inspection report, it can be ascertained that area is rich in vegetation, particularly sal species and movement of wildlife has also been reported. Three coal block i.e. PEKB, Parsa Coal Block and KECB are contiguous in the area and currently, mining operation are undertaken in the PEKB. The Parsa Coal Block is contiguous to Parsa East and Kete Basen Coal Block (PEKB) and Tara Block. All three coal blocks of the allotted to the User Agency are located in outer fringe areas of Hasdeo Arand Coalfields. The User Agency has proposed captive open cast coal mining in Parsa coal Block to meet the demand of coal for their Super Critical Thermal Power Plant located in Rajasthan. Had it been on a standalone case of mining, given the density of forest, it would not deserve consideration for approval under the Forest (Conservation) Act, 1980. However, as the proposed area is one of the 3 coal blocks, out of which mining is already going on in coal block contiguous to this area, the proposal may be considered. i. A site specific study to assess the biodiversity in terms of floral and faunal should be conducted by an institutes of repute such Indian Council of Forestry Research and Education and based on the recommendation to be made in the study, provisions of the Wildlife Management Plan, prepared by the State Government, if required, should be modified or amended in consonance with the findings of the biodiversity assessment study. ii. The State Government shall assess the extent of forest land for the purpose of forest connectivity and the use by wildlife and elephants in particular by undertaking scientific study for direct and indirect signs related to occupancy/habitat utilization and based on the outcomes of such study, areas, if any, falling in the elephant corridor should be delineated from mining. iii. Diversion of nallah located in the lease area of the User Agency shall be undertaken in consultation with the Chhattisgarh Water Resource Department to ensure that natural drainage and water regime do not get disturbed. iv. The user agency will make provision for appropriate financial outlay for the establishment of Rescue and Rehabilitation team to mitigate human-wildlife conflicts in the area. v. Given the fact that total area involved in the 3 coal blocks allotted to the User Agency is 5,726.32 ha in the catchment area of Hasdeo river- a tributary of Mahanadi river, a catchment area treatment plan in the immediate catchment of Atom river should be implemented at the cost of User Agency to arrest silt and augment in-filtration of runoff water to improve the perennial water regime in the region. vi. The User Agency shall make all possible efforts to transplant sound trees falling in the girth category of 60 em or below in the area proposed for division. The trees should be transplanted in blank areas or non- mineralized area or in the degraded forest land in consultation with the State Forest Department.
17. Utility of the project. Numbers of Scheduled Castes/Scheduled Tribes to be benefited by the project.
The Parsa Coal Block has been proposed to be used for captive use for supplying coal to the Chhabra Thermal Power Plant, Kalisindh TPP and Suratgarh Supercritical TPP of the User Agency located in the State of Rajasthan. As per the detail provided in the proposal, the project will also provide employment opportunities to 768 persons. It was also informed that project will also boost social and economic development in the region. 18. Whether land being diverted has any socio-cultural /religious value. Whether any sacred grove or very old grown trees/forests exists in the areas proposed for diversion.
No sacred groves or very old trees have been reported in the area. A certificate from the District Collector Surguja and Surajpur dated 27.02.2017 and 10.02.2017, respectively stating that there is no historical place within the periphery of 10 km from the boundary of the area proposed for diversion has also been submitted along with proposal. However, CCF in his site inspection report dated 6.04.2018 has mentioned that land has its own socio-cultural religious value. However, no elaborative detail of socio-cultural religious value has been provided in his inspection report. Further, the DCF, Surguja in her inspection report mentioned that a site of archaeological importance name Ramgarh Paryatan area containing sacred caves ( Sitagufa) is located at a distance of approximately 17.0 Km from the area proposed for diversion .
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19. Situation w.r.t. any P.A.
(i) The proposal does not form the part of any PAs or notified eco-sensitive zone. Nearest PAs areas are Samarsot Wildlife Sanctuary, Tamorpingla Sanctuary and Badalkhol Sanctuary which and they are situated at an approximate distance of 150 Km, 80 Km, and 156 Km, respectively from the area under question. Further, a Wildlife Management Plan, involving financial provisions of Rs. 1216.00 Lakh prepared by Sh. Ashok Masih, Retd., Addi. PCCF has been approved by the PCCF (Wildlife) vide his letter no. 4133 dated 8.06.2017, has been submitted along with the proposal. As per the provisions provided in the Wildlife Management Plan, forest ranges of Udaipur (Surajpur Forest Division) and Lakhanpur and Ramnujnagar Forest Ranges of Surguja Forest Divisions have identified for the implementation of various mitigative measures suggested in the Wildlife Life Management Plan.
20. Any other information relating to the project. (ii) Complete compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been submitted by the User Agency along with the proposal. The District Collectors of Surguja and Surajpur have issued certificates dated 13.02.2018 and 27.03.2017 for an area of 614.2019 ha and 227.319 ha, respectively certifying all clauses stipulated in Form-II annexed to the MoEF&CC's advisory dated 5.07.2013.
(iii) The Rajyasthan Rajya Vidyut Nigam Limited (RVUNL) has been allotted three coal blocks in the area by the Ministry of Coal. Currently, mining is undertaken in Parsa East and Kete Basen Coal Block. The Parsa Coal Block has been allocated by the Ministry of Coal vide its order no. 103/24/2015/NA dated 8.09.2015 (Annexure-IV). The two coal block viz. KECB and Parsa Coal Block have been allotted by the Ministry of Coal to the RVUNL vide its letter dated 31.03.2015 and 8.09.2015, respectively. All three coal blocks have been allotted for captive use of the coal. Three coal block i.e. PEKB, Parsa Coal Block and KECB are contiguous in the area and currently, mining operation are undertaken in the PEKB. The Parsa Coal Block is contiguous to Parsa East and Kete Basen Coal Block (PEKB) and Tara Block. All three coal blocks of the allotted to the User Agency are located in outer fringe areas of Hasdeo Arand Coalfields. The User Agency has proposed captive open cast coal mining in Parsa coal Block to meet the demand of coal for their Super Critical Thermal Power Plant located in Rajasthan.
(iv) During the inspection it was also gathered that the User Agency has RVUNL has 6 Thermal Power Plants (TPP) in the State of Rajasthan having total power generation capacity of 7,580 MW and total annual coal requirement of 35.12 MT. It was further informed that out of the total 6 TPP, 2 TPP are Super Critical TPP requiring 11.06 MTPA of coal. It was further informed that Super Critical TPP of the User Agency are likely to be commissioned in the year 2019-2020 . Re remaining TPP of the User Agency have been reported to be operational. Current coal linkages for aforementioned TPP, are with SECL and PEKB, KECB and Parsa Coal Blocks. The PEKB coal has total coal reserve of 452 MT, out of which 23 MT have been mined out so far at an annual production capacity of 10 MTPA. At an enhanced production of 15 MTPA, the life of the mine will be 34 years. The User Agency has further informed that estimated coal reserves in Parsa and Kete Extension Coal Block area has coal reserves of 150 MT and 200 MT respectively. An annual production of 12 MTPA (5 MTPA-Parsa CB; 7 MTPA KECB) will be realized from these two coal blocks in near future to meet the coal requirement of TPPs of the User Agency. Detail of TPP and their coal requirement, as made available by the User Agency, is enclosed at Annexure –V (Pg.6765/c).
(v) Important wildlife reported in the area sloth bear, hyena, jackal , wild boar, etc. In addition to these movement of elephants and leopard has also been reported in area. However, examination of the proposed area using DSS tools revealed sloth bear as an important species in the area and area does not form part of any tiger corridors, tiger reserve, PAs. Further examination of the area revealed that no Remnant Forest Type are found in the area. It was also gathered during the inspection that area of the Parsa Coal Block does not form the part of elephant corridors, however, stray movement of elephants has been reported in the area. Similarly, leopards, based on the human- wildlife confiicts , as per records maintained by the State Forest Department, have also been reported in the forests of the area. Area does not form part of any PAs and Eco• sensitive Zone. Nearest PAs areas are Samarsot Wildlife Sanctuary, Tamorpingla Sanctuary and Badalkhol Sanctuary which and they are situated at an approximate distance of 150 Km, 80 Km, and 156 Km, respectively from the area under question.
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(vi) A Wildlife Management Plan, involving financial provisions of Rs. 1216.00 Lakh has been approved by the PCCF (Wildlife) vide his letter no. 4133 dated 8.06.2017 which will be implemented in the nearby area. However, in accordance with the provisions contained in the condition no. (ii) of the Stage-I approval dated 19.12.2017 wherein the MoEF&CC has stipulated that an Integrated Wildlife Management Plan will be prepared and implemented for the entire Hasdeo area based on the outcome of biodiversity assessment study to be conducted in the region. Therefore , in the backdrop the efficacy of the proposed separate plan for the Parsa Coal Bleak needs to be examined. It is also imperative to mention that another plan, involving financial provisions of Rs. 22.0 crores, is also being implemented by the State Forest Department in the impact zone of PEKB coal block.
(vii)Biotic pressure in the form of grazing, lopping and illicit felling was also observed during the inspection. It was informed that there are total 50 villages falling in the core and buffer areas (10 Km) of the forest land proposed for coal mining (Annexure-VI: (Pg.6766-67/c).
(viii) Evacuation of coal has been proposed by the railway. The PP has constructed a railway line upto their lease area for transportation of washed coal.
(ix) So far approval in almost 6 cases pertaining to the diversion of forest land, including PEKB and KECB has been accorded by the MoEF&CC, for coal mining and ancillary infrastructure such as transmission lines, railway lines, etc. Detail of approval accorded is enclosed at Annexure-VII (Pg.6768/c).
In view of above, the facts related to the proposal may be placed before in next FAC meeting scheduled to be held in July, 2018 for their examination and appropriate recommendation. ****
Agenda No. 3 F. No. 8-15/2018-FC Sub: Proposal 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 State Government of Odisha vide their letter No. 10F(Cons) 7/2018-6146/F&E, Bhubneswar, dated. 16.03.2018 submitted a project of diversion of 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. 2. The facts related to the proposal as contained in the State Government’s letter dated 16.03.2018 are given below in the form of factsheet: FACT SHEET 1. Name of the Proposal 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.
2 Location: State Odisha. 22 | P a g e
District Ganjam
3. Particular of Forests
i Name of Forest Division Berhampur Forest Division
ii Area of Forest land for Diversion 157.702 ha
iii Legal Status of Forest land DLC Forest
iv Density of Vegetation Density : 0.1, Eco Class -II
4. Species-wise (scientific names and Species enumerated are Jhaun (Casuarinas equisetifolia), Neem diameter class-wise enumeration of (Azadirachta indica), Cashew (Anacardium occidentale), Achu trees (to be enclosed. In case of (Morinda tinctoria), Ber (Zizyphus mauritiana), Tamarind irrigation / hydel Projects enumeration (Tamarindus indicus), etc. In 25 Sample Plots 2327 trees have at FRL, & FRL-4 meter also to be been enumerated Details furnished in Annexure XXIII (Pg. enclosed. 561-587/c). About 14679 tress may be required to be felled during sand mining.
5. Brief Note on vulnerability of forest Negligible area to erosion
6. Approximate distance of proposed site 0.2 Km for diversion from boundary of forest.
7. 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)
8. Whether any rare/endangered/unique Olive Ridley Turtle (Lepidochelys olivacea) Occasionally species of flora and fauna found in the come to Agasti Nuagaon side of the M.L. are for nesting. area – if so details thereof.
9. Whether the forest land proposed for ? lease is located within eco-sensitive zone (ESZ) of the protected notified under wildlife (Protection) Act, 1972- Yes/NO If Yes then give details.
10. Whether any protected archaeological/ NO heritage site/ defense establishment or any other important monument is located in the area. If so, the details thereof with NOC from competent authority, if required.
11. Whether any work in violation of the No 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 progress. 13. Whether the requirement of forest land Yes as proposed by the user agency in col. 2 of Part-I is unavoidable and barest minimum for the project, if no
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recommended area item-wise with details of alternatives examined.
14. Whether clearance under the Enclosed (Pg. 964-972/c) Environment (protection) Act, 1986 is required?
15. Period of diversion sought
16. Compensatory Afforestation
17. (i) Details of non-forest area/degraded IREL is a Central Sector PSU . Therefore, 320.0 ha of degraded forest area identified for CA, its forest in Dumunagiri DPF of Khallikote range has been distance from adjoining forest, identified for CA, twice in extent to the forest land proposed for number of patches, size of each diversion. patches. (ii) Map showing non-forest/degraded Enclosed. forest area identified for CA and adjoining forest boundaries. (iii) Detailed CA scheme including CA scheme has been prepared in ANR model with 200 plants species to be planted, implementing per ha with 0 + 10 years maintenance. Species to be planted are agency, time schedule, cost Bamboo (Dendrocalamus strictus), Bel (aegle marmelous), structure, etc. Sunajhari (acacia auriculiformis) , Chakunda (Cassia Siamea), Simaruba (Smaruba glauca) etc. (Pg. 1083-1102/c)
(iv) Total financial outlay for CA Total financial outlay for CA is Rs. 2,30,96,640/- . but as per abstract, total outlay for CA has been shown as Rs. 3,88,77,491.00 (pg. 1102/c)
(v) Certificate from the competent The Certificate for suitability of CA area of 320.0 ha has been authority regarding suitability of the given by DFO, Berhampur, and placed in file at pg. 1039. area identified for CA and from management point of view. 18. Com pliance of Scheduled Tribe and The FRA Certificate (Pg. 1107/c) with documentary evidence Other Traditional Forest Dwellers has been given and placed in file at Pg. 1107-1526/c. (Recognition of Forest Rights) Act, In SDLC proceedings, several pending cases have been 2006. shown(Pg.1512-1520/c),but, in the proceedings of District Level Committee signed by the Collector- cum- Chairman DLC (Pg.1521-1522/c) indicated that there is no population of primitive Tribal Group in those villages and there is no claim for individual forest rights or community forest rights have been received from the said villages.
19. Catchment Area Treatment Not Applicable
20. Cost Benefit analysis The Cost Benefit Analysis is given and place in file at Pg.1044- 1046/c).
21. Cost Benefit Ratio 1:24.9613 (pg-1046/c)
22. Employment to be generated This project is presently providing employment to 944 persons and on operation of North Sector present manpower strength will be enhanced to 1318 persons.
23. Rehabilitation of Oustees
a) No of families involved 1890 b) Category of families SC-103 and ST- 01 c) Details of rehabilitation plan Approved R&R plan is not given.
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24. Total Cost of the Project Rs. 102.91Cr.
25. Sit inspection report of the DCF Enclosed. (pg. 1077-1078/c) especially highlighting facts asked in
col. 7 (xi, xii), 8 and 9 above.
26. Recommendation Recommended. (pg. 1037-1040/c) i. DFO ii. RCCF Recommended (Pg. 1041/c) with SIR (1104-1105/c)
iii. Nodal Officer/ PCCF Recommended (Pg. 1042/c)
iv. SG Recommended (Pg. 1043/c)
24. District Profile (i) Total Geographical area of the 820600 ha district.
(ii) Total Forest area/Divisional Forest 196500 ha. area.
(iii) Total area diverted since 1980. 337.9244 ha in 09 Proposals (iv) Total CA stipulated since 1980 (Forest land) 32.688 ha a. Forest land 329.0429 ha b. Non Forest land
(v) Progress of Compensatory
Afforestation. a. Forest land 42.688 ha. b. Non- Forest land 424.3079 ha
3. Site Inspection Report: The Site Inspection Report (SIR) for this proposal was carried out by Sh. R.K. Samal, Conservator of Forests (CF), Regional Office, Bhubaneswar. The report (Pg. 580-593/c) is reproduced below: i. Legal status of forest land proposed for diversion: DLC forest -157.702 ha. ii. Item-wise break-up details of the forest land proposed for diversion.
S. No. Purpose Area (ha.) 1. Area proposed for mining 152.042 2. Safety zone 5.660 Total 157.702
iii. Whether the proposal involves any construction of building (including residential) or not. If yes, details thereof : No
iv. Total cost of Project at present : Rs. 102.12 crore
v. Wildlife:
Whether the forest area proposed for important from Wildlife point of view or not: The mining lease area of M/s IREL does not form any part of national park/wildlife sanctuary or elephant corridor. Wild fauna like Hyena, Jackal, Monitor lizard, etc. are found in the area. It has been reported by DFO, Berhmpur Division that no rare or endangered species are present in the area. But the endangered species Olive Ridley turtles come to the area occasionally for sporadic nesting all over the area and for mass nesting around the mouth of
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Rushikulya river. The CWLW, Odisha has furnished No Objection Certificate in favour of user agency vide letter no. 3536 dated 11.05.2012 subject to fulfilment of conditions stipulate therein. The user agency has furnished an undertaking not to execute any mining operation or sand extraction or habitat alternation or activities of similar nature with 5 Km zone of the nesting/mass nesting of endangered Olive Ridley sea turtle from Rushikulya river mouth as per map authenticated by the Odisha Forest Department.
Although, the mining lease area of M/s IREL does not form part of any national Park/ wildlife sanctuary/Elephant Corridor, yet due care is to be taken for conservation of wildlife available in the area especially the endangered species of Olive Ridley sea turtle coming to Rushikulya mouth in the area for mass nesting. The State Govt. has proposed that the user agency is required to contribute proportionate contribution towards implementation of Regional Wildlife Management Plan at revised rate @ 58,000 per ha over the leasehold area of 2464.05 ha. In addition to contributing towards Regional Wildlife Management Plan, a site Specific Wildlife Conservation plan duly approved by CWLW, Odisha is required to be executed int eh mining as well as mining impact area at project cost. vi. Vegetation: Floral species found in the area are Jhaun (Casuarinas equisetifolia), Neem (Azadirachta indica), Cashew (Anacardium occidentale), Achu (Morinda tinctoria), Ber (Zizyphus mauritiana), Tamarind (Tamarindus indicus).
Density of vegetation is 0.1 Eco Class-II.
a) Total number of trees to be felled. : 14679 number of trees to be felled as reported by DFO Berhmpur. Most of the trees are defective (not normal) and they do not have much timber value except being used as firewood and poles.
Effect of removal on the general ecosystem in the area: - Felling of trees if taken at a single point of time will cause severe damage to the environment of the area. Therefore, as far as possible the trees should be cut as and when required in phased manner.
b) Important species: Jhaun (Casuarinas equisetifolia), Neem (Azadirachta indica), Cashew (Anacardium occidentale), Achu (Morinda tinctoria), Ber (Zizyphus mauritiana), Tamarind (Tamarindus indicus), etc.
Number of trees of girth below 60 cm. : 13,209 (as per extrapolation of sample survey data) Number of trees of girth above 60 cm. : 1,470 (as per extrapolation of sample survey data). vii. Background of the proposal: 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. 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.
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. 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, 26 | P a g e
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.
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 fo 157.702 ha DLC forest in the three villages coming within ML area is given below:
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.
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. viii. Compensatory Afforestation: 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. The total financial outlay for ANR plantation is Rs. 32399400/- only at the current wage rate of Rs. 213.50 per man day. 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 readings of these plantation area at Ranibar has not yet been submitted . But as per user agency they have done the DGPS survey and they will shortly submit the proposal for balance compensatory afforestation a Ranibar DPF.
a) Whether land proposed/selected for compensatory afforestation is suitable from plantation and management point of view? not : Yes. b) Whether land for compensatory afforestation is free from encroachments/ other encumbrances: Yes. 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: one patch. e) Map with details: Enclosed in the diversion proposal. f) Total financial outlay: Rs.3,23,99,400/-. 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 : As reported by RCCF, Berhampur Circle and DFO, Berhampur Division in their site inspection reports, no violation has been committed by the User agency under FC Act, 1980. However, execution of lease deed on 27.10.2005 having DLC land in the ML area during 1st RML period is violation of FC Act, 1980.
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x. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not. Detail be furnished specifically if rehabilitation plan would affect any other forest area by trans-locating outstees in an around the said forest : 4 no. of villages viz., Bada Arjipalli, Sana Arijipalli, Kandra Arjipalli and Katuru of Arjipalli Gram Panchayat are falling within the mining leasehold area of IREL. North sector of ML from where 1890 families are proposed to be displaced including 103 SC families and 1 ST family. Accordingly, user agency has prepared a R&R plan in consultation with the affected villages including the people’s representatives of Arjipalli Gram Panchayat, basing on the guidelines of Odisha R&R Policy – 2006 and national Rehabiltation and Resettlement Policy, 2007 and submitted to the Collector, Ganjam for approval. xi. Reclamation Plan: Enclosed in the proposal. The tailings generated out of the mining operation would be backfilled in the mined out areas. The mines out areas would be levelled to near original topography and developed with plantation to create a greenbelt in the coastal area. i. Details and financial allocation. NA xii. Details on catchment and command area under the project: NA xiii. Cost benefit ratio: 1:24.96 xiv. Recommendations of the Principal Conservator of Forests/State Government: Yes Recommended. xv. Addl. Principal Chief Conservator of Forests (Central) shall give detailed comments on whether there are any alternatives routes/alignments for locating the project on the non-forest land.: The above said mining proposal is for diversion of 157.702 ha. of DLC forest land including 5.660 ha. of DLC forest land in safety zone in Mouza Humuri Bana, Agasti Nuagaon and Arjupalli within total ML area of 2464.054 ha. under Chhatarpur 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. Considering the reports, site inspection and other details, the major points of this proposal, that may need to be highlighted for the consideration of the FAC and the Ministry are the following:
1. 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.
2. The area applied for diversion is southward, 5 km away from the Olive Ridley mass nesting area and the sand beds where turtles lay their eggs is seaward of the proposed site and the sand mining sites are landward. The proposed area has also been recommended by Forest Department and Chief Wildlife Warden for diversion and the area is having few trees (10 trees/Ha above 60 cm girth). Considering the above and the user agency’s earlier track record along site for the Olive Ridley and wildlife, the area may be diverted.
3. 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.
With the above observation this proposal is recommended for consideration of Ministry for granting approval under Section 2 (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. Numbers of Scheduled Castes/Scheduled Tribes to be benefited by the project:
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Numbers of Scheduled Caste/ Scheduled Tribes to be benefited by the project: The project is presently providing employment to 944 persons and on operation of North Sector present manpower strength will be enhanced to 1,318 persons as reported by the user agency. As per the extant rules there will be employment of 56 SC and 28 ST persons. xviii. (a) Whether land being diverted has any socio-cultural/religious value. Not reported (b) Whether any sacred grove or very old growth trees/forests exists in the area proposed for diversion: Not reported. (c) Whether any sacred grove or very old growth trees/forests exist in the areas proposed for diversion: No xix. Situation w.r.t any P.A: there is no protected area nearby. xx. Any other information relating to the project: (i) The proposed CA area identified at Dumunagiri DPF of Khalikote range in Berhampur Division is found to be the natural habitat for Indian peafowl (Peacock). The area is most suitable for Peafowl due to presence of thorny shrubs in the existing vegetation. The other birds like Cuckoos and Dungos are also found in the area. Besides these other animals like Porcupine, Pangolins, Hare, Wild Boars are found the area abundantly, while taking up the plantations the bushy thorny vegetation (Barshi berries and jahdi berry plant) are not to be cleared felled at all. The patches are not to be burnt at all. The 200 number of plants need to be planted on scattered wherever space is available or with removal of Eupatorium weeds only. This may require guarding of the 320 ha area identified for the ANR plantation. Similarly, the area at Ranibar also contains good vegetation suitable for birds and small mammals. These areas need not be cleared at all for raising the plantations, which will destroy the habitat of the birds and animals. Extreme care should be taken to raise the plantation only at places where vacant land are available however scattered they may be .
(ii) The national PSU like IREL may be involved in raising of the plantations and conservation of the national bird and other birds and animals.
(iii) As per the undertaking given by UA they to exclude from any activity the 2.5 Km area from Rushikulya mouth towards the south and 2.5 Km distance to the north of Rushikulya mouth for mass nesting of Olive Ridley turtle. 4. 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) Calculated area through KML file of forest land applied for diversion is found 149.96 ha whereas project proponent has applied for diversion of 157.702 ha area of Forest land thus, there is discrepancy of 7.74 ha area is observed. As per DSS Rule 1, only due to Hydrological layer the area proposed for diversion is falling under Inviolate Zone. However, as per DSS Rule 2, the area proposed for diversion falls under Not-Inviolate zone. Thus, the final DSS result is Un-decided. Forest Types details: 3C/2e (i) Moist Peninsular High Level Sal Forest: 20 ha., Non-Forest: 124 ha. and Water: 6 ha. ii) In case of Compensatory Afforestation Land, calculated area through KML file of land proposed for CA is found 321.10 ha. which is found correct as per the requirement. Out of total area proposed for CA, 44 ha. of land classified as open forest Category, 206 ha area as Scrub and 71 ha. area 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.The proposed CA site is free from Human encroachments as depicted through High resolution satellite imagery dated 13/10/2017 The facts related to the above proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for their examination and appropriate recommendation. ****
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Agenda No. 4 F. No. 8-28/2015-FC Sub: Proposal for diversion of balance forest land of 746.3325 ha including 11.8305 ha for safety zone (excluding 95.60 ha of pre-1980 broken up forest land already diverted and 4.467 ha of forest land being proposed for diversion in separate proposal for mining infrastructure of Daitari ML ) within total forest land of 846.3995 ha located within approved Mining lease area of 1018.3085 ha for Iron Ore Mining in Daitari Mining lease in Cuttack Forest Division of Jajpur District and Keonjhar (WL) Division of Keonjhar District, Odisha ) M/s OMC Ltd. during Mining lease period as extended under the amended provision MMDR Act
1. The State Government of Odisha, Department of Environment, Forests & Climate Change, vide his letter No. 10F (Cons) 210/2015, 16637/F/E, Bhubaneshwar, dated 19.09.15. submitted a proposal to obtain prior approval of the Central Government. 2. The proposal was placed before FAC in its meeting held on 12.07.2016 and 20.07.2017. 3. Total lease area is 1018.3085 ha. Out of which forest area is 846.3995 ha. Out of 846.3995 ha forest land, diversion is sought for 746.3325 ha. and 95.60 ha had already been diverted in 2005. Remaining 4 ha is included in another proposal which is in the process of submission for diversion. 4. The mining lease was originally granted over an area of 7 Sq. Miles in Talpada (Daitari) for iron ore mining in favour of Orissa Mining Corporation by the erstwhile Mining and Geology Department of State Government vide Proceedings No. III (G) M - 1/ 65-2272 MG dated 16.03.1965 and the Mining lease was executed on 27. 01.1966 for a period of 30 years. Thus, the original lease period expired on 26.1.1996. The surface rights were granted to OMC Ltd. by the Collector, Cuttack vide his letter dt. 17.11.1966. First renewal was done on 27.1.96 up to 26.1.2016. which was extended up to 21.3.2020 under the amended provision MMDR Act. 5. The lease area is located in two forest divisions i.e. in Keonjhar WL Division (533.659 ha) and Cuttack Forest Division (193.2666 ha). 6. Legal status of forest land is Reserve Forest & Gramya Jungle in Keonjhar WLD and Daitri DPF in Cuttack FD. 7. Density of vegetation as reported by state is 0.8-1.0 (Eco-class-I in Keonjhar WLD) and 0.6 (Eco-class-I in Cuttack FD). 8. A total no. of trees of 1,65,869 in Keonjhar WLD and 70,697 & 35,838 No. of poles in Cuttack FD are assessed to be used under this mining project. 9. Keonjhar WL: The area applied for diversion does not involve any notified Eco-sensitive Zone/ National Park / sanctuary. However, this area was supporting Royal Bengal Tigers. Recently, National Tiger Conservation Authority (NTCA) has proposed a tiger corridor interlinking Similipal Tiger & Satkosia Tiger Reserve in Odisha which is essential for long term Tiger/Wildlife conservation in our country. Field verification of the proposed corridor is going on. The area proposed for forest diversion comes within the proposed tiger corridor. 10. Cuttack FD: Do not form part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve etc. 11. No protected archaeological/ heritage site/defence establishment or any other important monument is located in the area such type of monument is noticed while conducted SIR by the respective DFO. However, the user agency advised to obtain NOC from concerned authority in this regard.
12. Keonjhar WL division: Upon scrutiny of the high resolution satellite image provided by the user agency, it was noticed that a big patch of Gramya Jungle was found without vegetative cover, which was abnormal considering the dense canopy of the adjacent forest. Moreover, the area was adjacent to village Talapada. So, during field inspection the area was verified in detail and approximately 28.67 ha. of Gramya Jungle coming within the lease hold area was found to be Podu/Jhoom/shifting cultivation ravaged. GPS readings of that area were taken and it was cross verified in Google Earth imagery using timeline feature. The Google Earth image dated 16.04.2010 corroborated the above findings. So, this is a violation of Forest (Conservation) Act. 1980 as Podu/Jhoom /shifting cultivation within the lease hold area is a non-forestry activity. The matter is under further investigation. 13. Cuttack forest division: No violation noticed. 14. Total financial outlay for compensatory Afforestation scheme.is Rs. 7,24,66,200 ( Rs.5,56, 66, 000 for an area of 717.853 ha.+1,68, 00, 200 for an area of 16.649 ha. 15. Cost Benefit Analysis for Keonjhar WL is 1:7.72 and Cuttack FD is 1:622 16. The DFO, Kalahandi (South) Division has certified that the land identified for C.A. is found suitable for plantation 17. The DFO, Kalahandi (South) Division has certified that the land identified for C.A. is found suitable for plantation 18. Environment clearance has already been obtained by the user agency vide Ministry’s letter No. J- 11015/1003/2007-IA.II (M) dated 22.09.2010 of MoEF, Govt. of India. 19. Documentary evidences in support of settlements of rights under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been given separately 30 | P a g e
20. DFO Keonjhar WL and RCCF Rourkela in their recommendation had mentioned that the project may be considered on merits and DFO Cuttack had recommended the project. RCCF Angul Circle recommended the project subject of implementation of a site Specific Wildlife Conservation Plan, in view of the area to the potential Tiger and Elephant migration route 21. Nodal officer/PCCF and State Government had recommended the project. 22. Site inspection Report by Regional Office, Bhubaneswar: The Site inspection report of this project has been carried out by Conservator of Forests (Central), Regional Office, Bhubaneswar during 05-06 November, 2015 along with Sri Sangram Behera, Divisional Forest Officer, Keonjhar Wildlife Division, Anandapur, Sri Sudarshan Behera, Divisional Forest Officer, Cuttack Forest Division and Shri D.K. Pattanaik, Sr. Manager (Geology, F&E), & Representatives from M/S OMC Ltd M/s OMC The details of SIR are as under:
1. Legal status of the forest land proposed for diversion: Keonjhar WL Division : Reserve Forest & Gramya Jungle. Cuttack Forest Division : Daitari DPF.
2. Item-wise break-up details of the forest land proposed for diversion: The purpose-wise break-up of the total land of 746.3325 ha is furnished below: (A) Area coming within Keonjhar Wildlife Division in Keonjhar district:
Forest area in (ha) Item Item wise break Rebana Daitari Gramya Total up of Forest RF PF Jungle Mining 383.1188 Nil 18.5965 401.7153 land proposed Dumping 16.0229 Nil 34.5754 50.5983 for diversion. Magazine & its Safety 91.9608 Nil Nil 91.9608 Safetyzone zone 8.2554 Nil 0.5361 8.7915 Total 499.3579 Nil 53.7080 553.0659
(B) Area-coming within Cuttack Forest Division in Jajpur district. Forest area in (ha)
Item -wise break Item Rebana Daitari Gramya Total up of Forest land RF PF Jungle
proposed for Mining Nil 190.2276 Nil 190.2276
diversion. Safety zone Nil 3.0390 Nil 3.0390
Total Nil 193.2666 Nil 193.2666
(C) Table-C (Area in Ha)
S.NO. Purpose Keonjhar (Wildlife) Division Cuttack Division
Now Proposed for Now Diverted Diverted diversion proposed Remark Total Non (Rebena Total ( Daitari Total Grand total s (Daitari Forest Forest RF) Rebena PF) V.F PF) RF
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171.90 4.4670 (includ ha out ing of the 0.272 MI, ha area has private 383.118 42E179 224.793 653.57 1 Mining 27.064 18.5965 been 34.566 190.2276 land) 653.5729 8 propos 3 6 29 ed for in village diversio Talapa n da in separatel Keonj y har district . 56.098 2 Dumping 4.22 16.0229 34.5754 54:8183 1.28 1.28 56.1283 3 Ore 3 13.50 13.50 0.50 0.50 14.00 14.00 stacking Camp& processin 4 office, 5.50 - 5.50 - 5.50 . 5.50 workshopg etc.
Construc 5 ion of 8.97 8.97 _ - 8.97 8.97 mad
Magazine & its 91.960 91.960 6 91.9608 - 91.9608 safety 8 8 zone
491.102 603.528 226.573 830.10 Total 59.254 533719 36.346 190.2276 830.102 5 4 6 2
Safety 11.830 7 - 8.2554 0.5361 8.7915 3.0390 3.0390 11.8305 zone 5
4_4670 841 612.319 .93 841.9325 + 9 25 4.4 4.467+ Grand 499.357 4.467= 193.2666 229.612 67= 59.254 53.7080 36.346 + 171.909 Total 9 . 6 ___. 616.786 846.39 171.909= 9 d 95 1018.3085
3. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof: As reported in Point No.2 above. 4. Total cost of the project at present rates: The total cost of this project is Rs. 198.78 Crores. 5. Wildlife: Forest area proposed for diversion is a known habitat of various wild animals including Schedule 1 species like Indian Elephant (Elephas maximus), Indian wolf (Canis lupus pallipes) etc. Other wildlife animals found in the area are Mouse deer (Trangulus meminna), Ratel (Mellivora capensis), Sloth Bear (Melursus ursinus), Jackal (Canis aureus linnaeus), Barking deer (Muntiacus muntjak), Sambar (Cervus unicolor), Peafowl (Pavo cristatus), King Cobra (Ophiophagus hannah), Russel's viper (Vipera russelli), Hill Myna (Gracula religiosa), Indian soft-shelled turtle (Lissemys punctata punctata), Large Bengal monitor lizard (Varanus
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bengalensis) etc. As reported by the DFO, Keonjhar(WL) division and RCCF, Rourkela, the area was supporting Royal Bengal Tigers in the past. The last confirmed presence of Tigers in this area was in the year 1997. It has been further reported that National Tiger Conservation Authority has proposed a Tiger corridor interlinking Similipal Tiger Reserve and Satkosia Tiger Reserve in Odisha for long term Tiger/ Wildlife conservation in the country. Field verification of the proposed corridor is going on. The area proposed for forest diversion for this infrastructure project comes within the proposed Tiger corridor. Similarly, a part of Daitari PF coming within Cuttack Forest Division is included in this mining lease. The area is having dry deciduous forest land dominated by Sal species. Density of vegetation is reported to be 0.6. Wildlife species such as Migratory Elephant , spotted deer, wild boar, fox, Barking Deer, Common Languor, Jackal, Sloth Bear, Hyena, Squirrel, Mongoose, Ratel, Hare, Pangolin, Peacock, Red Jungle fowl, Porcupine, Ringed dove, parrot, Koel, Indian wild lizard, King cobra, Python etc. are found in the area. Whether forest area proposed for diversion is important from wildlife point of view or not: The State Government has suggested the following two plans: ( a ) Regional Wildlife Management Plan: Though the area does not form a part of any National Park/Wildlife Sanctuary/Elephant Corridor, due care is to be taken for conservation of wildlife. For this purpose, user agency is required to proportionately contribute towards implementation Regional Wildlife Manage Plan @ revised rate of Rs.43,000/- per hectare over the mining lease of 1018.3085 ha. The user agency has furnished an undertaking to bear the cost of Regional Wildlife Management Plan. (a) Site Specific Wildlife Conservation Plan: Due care has to be taken for conservation and protection of Wildlife. PCCF (WL) & Chief Wildlife Warden, Odisha has approved the Combined Site Specific Wildlife Conservation Plan prepared by M/s OMC Ltd. for Daitari Mining project and Daitari Extension area at a financial out lay of Rs 1798.70 lakhs. Out of this amount, an amount of Rs 1518.35 lakh is to be spent by DFOs of Keonjhar (WL) Division and Cuttack Forest Division for implementation of approved components of Plan in Project impact area and Rs. 280.35 lakh is to be spent by M/s OMC Ltd in project area coming within the jurisdiction of Cuttack and Keonjhar (WL) Division as per approved components of the Plan., The financial break-up of the amount is given as under: For activities to be implemented in Project area:
a. By M/s OMC Ltd in Keonjhar WL Division Rs. 211.26 lakh b. By M/s OMC Ltd in Cuttack Division Rs.69.09 Lakh Sub-Total Rs. 280.35 Lakhs For activities to be implemented at project impact area:
a. By DFO, Keonjhar WL Division Rs. 1092.83 Lakh b. By DFO, Cuttack Division Rs. 425.52 Lakh Sub-Total Rs. 1518.35 Lakh
Grand total Rs. 1798.70 Lakh
The user agency has already deposited an amount of Rs 15, 18, 35,000/- in the account of Ad-hoc CAMPA in Corporation Bank, Lodhi Road, New Delhi through RTGS mode on 24.03.2014. 6. Vegetation: Average density of vegetation appears to be about 0.8 in Keonjhar WL Division and 0.6 in Cuttack Forest division.
(a) Total number of trees to be felled: It is reported by the State Government, in the area proposed for diversion under this project in Keonjhar (WL) Division, sample enumeration has been taken up over 38 plots of 2 ha each, where 22793 no. of trees has been reported to be existing. By extrapolating this figure over 553.0659 ha of forest land of this lease coming within Keonjhar (WL) Division, 1,65,869 no. of trees are assessed to be existing over the forest land proposed to be used in this mining project. Similarly in the area proposed for diversion under this project in Cuttack Forest Division, sample enumeration has been taken up over 22 plots of 2 ha. each, where 16095 no. of trees has been reported to be existing. By extrapolating this figure over 193.2666 of forest land of this lease coming within Cuttack Division, 70,697 no. of trees are assessed to be existing over the forest land proposed to be used in this mining project.
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The impact of felling of such large number of trees can be minimized by taking up tree felling in phased manner strictly as and when required. Effect of removal of trees on the general ecosystem in the area:As there are a large number of trees to be felled, it will naturally adversely affect the general eco-system in the area.
( b ) Important species: The type of forest found in the area is 3 C/C2e Moist. Peninsular Valley Sal, 5B/C2 Northern Dry Mixed Deciduous Forests, E4 Lateritic Semi Evergreen Forest and 5B/Clo Dry Peninsular Sal Forests. As reported by RCCF, Rourkela in his site inspection report, tree Species which are commonly noticed in this area are Sal (Shorea robusta), Piasal (Pterocarpus marsupium), Gambhar (Gmelina arborea), Kangara (Xylia xylocarpa) Asan (Terminalia tomentosa), Jamun (Syzygium cumini), Ku rum (Adina cordifolia), Dhaura (Anogeissus latifolia), Mango (Mangifera indica),Pansa (Artocarpus heterophyllus), Siris (Albizzia lebbek), Kasi (Bridelia retusa), Neem (Azadirachta indica), Kendu (Diospyros melanoxylon) etc., Sal (Shorea robusta) being the predominant species. Number of trees of girth below 60 cm: The No. of trees of girth below 60 cm in Cuttack division is 41189 and in Keonjhar WL division are 99013. Number of trees of girth above 60 cm. :The No. of trees of girth above 60 cm in Cuttack division is 29508 and in keonjhar WL division is 66856. 7. Background note on the proposal: Originally the mining lease was granted over an area of 7 Sq. Miles in Talpada (Daitari) for iron ore mining in favour of Orissa Mining Corporation by the erstwhile Mining and Geology Department of State Government vide Proceedings No. III (G) M - 1/ 65-2272 MG dated 16.03.1965. Accordingly the Mining lease was executed on 27. 01.1966 for a period of 30 years. Thus the original lease period expired on 26.1.1996. Surface rights were granted in favour of OMC Ltd, by the Collector, Cuttack vide his letter dt. 17.11.1966. The 1st renewal application was filed by the user agency on 21.01.1995 over an area of 1812.99 ha of Daitari iron ore Mining lease for a period of 20 years more than one year prior to expiry of original lease period. While the application for 1st RML was under consideration, the user agency decided to surrender part of the Mining lease retaining only 190.20 ha of forest land and accordingly they submitted revised RML application on 22.5.1997. over 190.20 ha for a period of 20 years. During this period, the user agency had also filed a forest diversion proposal for 95.60 ha of pre-1980 broken-up forest land only thereby excluding 94.60 ha of forest land which is prohibited and protected for safety zone. Government of India, MoEF vide their letter F.No. 8-164/ 1997- FC dt. 27.1.2005 accorded final forest clearance to this diversion of 95.60 ha which was consisting of 59.254 ha in Rebana RF in Keonjhar (WL) Division of Keonjhar district and 36.346 ha of Daitari PF of Cuttack division of Jajpur district. While the application for 1st RML was yet to be disposed by the State Government, the user agency, considering the market demand and requirement of more area for exploitation, requested the State Government in Steel 86 Mines Department vide their representation dt. 9.2.2006 to consider their case for 1st RML over entire leasehold area of 1812.99 ha. Accordingly, the scheme of Mining along with Progressive Mine Closure Plan in respect of Daitari iron ore mines was approved by IBM vide their letter No.314(3)2012-MCCM(CZ)/MS-52/223 dt. 12.7.2013. Subsequently based on the report of Geological Survey of India, the user agency decided to surrender 794..6815 ha of land in this lease citing it to be non-ore bearing area and accordingly represented before the Steel 86 Mines Department vide their letter dt. 9.1.2012 to retain 1018.3085 ha land only. The State Government vide their order No. 6450 dt. 15.7.2015 have extended the validity period of this mining lease over 1018.3085 ha up to 31.3.2020. The surrendered area of 794.6815 ha of land is entirely within Daitari PF of Cuttack Forest division of Jajpur district. Similarly the retained area of 1018.3085 ha in this lease, which is valid till31.3.2020, consists of 846.3995 ha of forest land (i.e. 616.7869 ha of forest land in Keonjhar (WL) division of Keonjhar district (53.708 ha of village forest in Talapada village and 563.0789 ha of Rebana RF) and 229.6126 ha of Daitari PF of Cuttack Forest division of Jajpur district), 171.637 ha of Government non-forest land and 0.272 ha of Tenanted land in Talapada village of Keonjhar district. Out of 846.3995 ha of forest land in Daitari Iron ore Mining lease, 95.60 ha of pre-1980 broken up forest land has already been diverted by MoEF, Gol vide their letter F.No. 8-164/ 1997-FC dt. 27.1.2005 in course of 1st RML, the validity of which has got extended up to 31.3.2020 as per MoEF&CC guidelines bearing F.No. 11-51/2015-FC dt. 1.4.2015. Besides, an area of 4.467 ha of forest land in Rebana RF of Daitari Mining lease has been proposed for diversion separately within a total area of 106.016 ha for the proposed mechanized facilities to be set up for facilitation of mining in Daitari Iron ore Mines. Hence the instant forest diversion proposal
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has been filed/processed for the reduced forest area of 746.3325 ha for Daitari mines out of total forest land of 846.3995 ha as per provision of MOB' F&CC guidelines bearing F:No.11- 51/2015-FC dt. 1.5.2015. 8. Compensatory afforestation: Out of 746.3325 ha of forest land proposed for diversion under this project, Mining arallied activity is proposed to be taken up over 734.502 ha. 11.8305 ha of forest land has been earmarked as safety zone. As such, compensatory afforestation is required to be raised over 734.502 ha of non-forest land against this proposed diversion. As non-forest land of large extent is not available in Keonjhar/Jajpur district, an extent of 734.502ha of non-forest land has been identified in two patches i.e. 717.853 ha in village Tebhakalam and 16.649 ha in Barkaudi village, both under Thuamul Rampur Tehsil of Kalahandi District in lieu of the virgin forest land of 734.502 ha excluding the safety zone area of 11.8305 ha proposed for diversion in the instant proposal. The identified non-forest land is reported to be suitable for plantation in ANR mode. The Tahasildar has also furnished non-encroachment and non-encumbrance certificate for the identified non-forest land. Similarly, 16.649 ha of non-forest land has also been identified in Barkaudi village under Thuamul Rampur Tahasil of Kalahandi district for compensatory afforestation purpose. The identified non-forest land is also reported to be suitable for plantation in ANR mode. The Tahasildar has also furnished non-encroachment and non-encumbrance certificate for the identified non-forest land. The DFO, Kalahandi (South) has prepared two separate schemes for compensatory afforestation in ANR mode details of which are given below. (i) The scheme of Compensatory Afforestation over 717.853 ha of non-forest land in village Tebhakalam has been prepared by the Divisional Forest Officer, Kalahandi (South) Division with provision of ANR plantation @ 200 Plants per ha. according to suitability of the site as per current wage rate of Rs. 200/ - per manday, which has been technically approved by Addl. PCCF(Forest Diversion)& Nodal Officer, FC Act with a financial forecast of Rs. 5,61,53,500/-including maintenance cost of 10 years. The approved CA scheme has also provisions for Barbed wire fencing and Soil Conservation measures etc. Trees to be planted under the scheme are Teak (Tectona grandis), Karanja (Pongamia pinnata), Neem (Azadirachta indica), Amla (Emblica officinalis) Bahada (Terminalia bellerica), Mahul (Madhuca indica,) Sissoo (Dalbergia Sissoo) etc. The user agency has furnished an undertaking to bear the cost of the CA scheme. (ii) Similarly another scheme of Compensatory Afforestation over 16.649 ha of non-forest land in village Barkaudi has also been prepared by the Divisional Forest Officer, Kalahandi (South) Division with provision of ANR plantation @ 200 Plants per ha. according to suitability of the site as per current wage rate of Rs. 200/- per manday, which has been technically approved by Addl. PCCF (Forest Diversion) Nodal Officer, FC Act with a financial forecast of Rs.1,70,59,500/- including maintenance cost of 10 years. The approved C.A. scheme has also provisions for Barbed wire fencing and Soil Conservation measures etc. Tree species to be planted under the scheme are Teak (Tectona grandis), Karanja (Pongamia pinnata), Neem (Azadirachta indica), Amla (Emblica officinalis), Bahada (Terminalia bellerica), Mahul (Madhuca indica,) Sissoo (Dalbergia Sissoo) etc. The user agency has furnished an undertaking to bear the cost of the CA scheme. C.A. sites could not be visited as they are quite far from the lease area. However, survival rate, status etc. can be monitored when C.A. is raised in the sites.
(a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not:The Divisional Forest Officer, Kalahandi (South) Division has certified that the land identified for C.A is found suitable for plantation. (b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: The Tehsildar, Thuamulrampur has certified that the land identified for C.A. is free from encroachment and encumbrances. (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: 02 (two) patches (e) Map with details: Enclosed. (f) Total financial outlay: As reported at Point No.8 above.
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: The State Government has reported that a big patch of Gramya Jungle was found to be without vegetative cover, which was abnormal considering the dense canopy of the adjacent forest. The area was adjacent to village Talapada. During field inspection by the DFO, 35 | P a g e
Keonjhar (WL) Division, the area was verified in detail and approximately 28.67 ha of Gramya Jungle coming within the lease hold area was found to be under Podu/Jhum/ Shifting cultivation. During the site inspection by the RCCF, Rourkela Circle on 24.04.2015, the said patch of Gramya Jungle was also inspected and through local enquiry it was ascertained that the area was used for Podu cultivation by the adjoining villagers. The said patch was also inspected by the CF, RO, Bhubaneswar and found that it is near Talapada village and also verified that the area was used for podu cultivation. Since the area comes within the mining lease, a suitable PCA may be imposed by the Ministry. 10. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not: As reported by user agency, DFO, Cuttack, DFO, Keonjhar (WL), RCCF, Rourkela and RCCF, Angul, this project does not involve displacement of any human habitation. The User agency informed during inspection that no mining activity will be carried out in the inhabited area as it is not ore bearing area. 11. Reclamation plan: The user agency has furnished a Phased Reclamation Plan with afforestation scheme. The user agency has furnished an undertaking for reclamation of the mined out area as per plan approved by IBM. As of now, no reclamation has been started. Details and financial allocation: Not submitted. 12. Details on catchment and command area under the project: Not applicable. Catchment area treatment plan to prevent siltation of reservoir: Not applicable. 13. Cost benefit ratio: The cost benefit analysis has been computed for both the Divisions i.e. Keonjhar (WL) Division and Cuttack Forest Division. The details of the Cost Benefit Analysis of the project duly reported by the DFOs concerned are given below: Keonjhar (Wildlife) Division: (i) Total loss of this project = Rs. 242,83,76,919/- (ii) Total benefit of this project = Rs. 1875.3900 Crore (iii) Cost Benefit Ratio = Rs. 1875.3900 /242.8376 = 1:7.72
Cuttack Forest Division: (i) Total loss of this project = Rs. 27.76 Crore (ii) Total benefit of this project = Rs. 17287.20 Crore (iii) Cost Benefit Ratio = Rs. 27.76 /17287.20 = 1:622
14. Recommendations of the Principal Chief Conservator of Forests/State Government: Recommended by PCCF, Odisha / State Government. 15. Recommendations of Additional Principal Chief Conservator of Forests (Central) along with detailed reasons: Appended separately. 16. Conservator of Forests (Central) shall give detailed comments on whether there are any alternative routes/alignment for locating the project on the non-forest land: The mining project is site specific; hence alternative alignment is not possible. 17. Utility of the project: As reported, this project will help in generating employment opportunity for 1064 persons. Besides, this being a large mining project should provide indirect livelihood opportunities to thousands of tribal population in this Maoist infested region. Numbers of Scheduled Caste/Scheduled Tribes to be benefited by the project: Not reported separately. 18. (a) Whether land being diverted has any socio-cultural/ religious value: Not reported.
(b) Whether any sacred 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 ecosystem: Not reported.
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19. Situation with respect to any Protected Area: The nearest Protected Area is Hadgarh WL sanctuary which is at a distance of about 45 km from the project site. 20. Any other information relating to the project in SIR: i. Demarcation of boundary pillars was not proper and complete though DGPS survey has been conducted and DGPS map has been submitted. The User agency was asked to complete the job within 10 days of inspection. The State Government was also asked to comply vide this office letter dated 12th November, 2015 (enclosed as Annexure-V-Pg.1181-1182). In response to the above letter, the State Government vide their letter dated 15.02.16 has informed that this condition has been complied (enclosed as Annexure-VI-Pg.1183-1186/c). ii. Felling of trees at one go of the entire area proposed for diversion is not required as the mineral reserve in the broken area has not been exhausted and therefore only after complete extraction of iron ore from the broken area, user agency may be allowed to mine out in the mineral bearing area of the virgin forest and felling of trees may be permitted accordingly. iii. The User agency has been asked to produce joint verification certificate of surrendered area of 794.6815 ha within 10 days of inspection. State Government was also asked to comply vide this office letter dated 12th November, 2015 . In response to the above letter, the State Government vide their letter dated 15.02.16 has informed that this condition has been complied iv. Like other Greenfield projects in Keonjhar district, a study of environmental impact of mining may be conducted by NEERI or other reputed institute. v. Since the proposed tiger corridor passes through the mining lease, a suitable ameliorative/ mitigative measures may be advised by Ministry regarding this. vi. The copies of DGPS and Topo-sheets are given in Annexure-I and Annexure-II respectively. vii. The Collector Jajpur and Keonjhar have submitted the FRA certificates.
21. Recommendations of APCCF (Central), Regional Office, Bhubaneswar) : It is reported by the Addl.PCCF, Regional Office , Bhunaneswar that he endorsed the SIR of CF(Central) for the instant proposal and accordingly recommended for consideration.
23. The proposal was considered in meeting of Forest Advisory Committee (FAC) held on 12.07.2016 and FAC recommended that:
I. It has been reported by the DFO, Keonjhar(WL) division and RCCF, Rourkela, that the area was supporting Royal Bengal Tigers in the past. The last confirmed presence of Tigers in this area was in the year 1997. National Tiger Conservation Authority has proposed a Tiger corridor interlinking Similipal Tiger Reserve and Satkosia Tiger Reserve in Odisha for long term Tiger/ Wildlife conservation in the country. Field verification of the proposed corridor is going on. The area proposed for forest diversion for this infrastructure project comes within the proposed Tiger corridor. The same shall be examined by National Tiger Conservation Authority in view of section 38(G) of Wild life protection Act 1972 and their views will be provided to FAC for consideration. II. Upon examination of the proposal under Decision support System of the MOEF and CC, it is evident that the area falls in the proposed inviolate category as per the draft criteria of MOEF and CC for classifying forest area as inviolate. The shape files of the proposed area shall be provided to FSI Dehradun so that the status of the forest land can be reconfirmed in accordance with the draft criteria for classifying forest area as inviolate. III. Comments of IA Division of MOEF and CC may be sought regarding applicability of NEERI report.
24. Ministry vide its letter dated 03.08.2016 requested to the Impact Assessment (IA) Division, Forest Survey of India and National Tiger Conservation Authority to submit clarification/comments/document as per FAC recommendation to this Ministry. 25. Shri Vaibhav C. Mathur, Assistant Inspector General (NTCA), National Tiger Conservation Authority of this Ministry vide their letter no. 7-27/2016-NTCA dated 08.03.2017 (Pg-1220-1239/c) submitted a report in respect of Ministry’s letter dated 03.10.2016 on above said proposal. Comments of National Tiger Conservation Authority under Section 38 O (1) of the Wildlife (Protection) Act, 1972 is as under: Recommendations of NTCA: 1. The proposed mining activity with the observation that proposed mining should be limited to the iron ore bearing areas per the geological map with different ore bearing areas that has been provided. 2. No human settlement or colony will be allowed in the forest area of proposed extension.
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The following are the suggestions for improving biodiversity value within and in surrounding landscape: a) Monitoring committee to be formed comprising of DFOs of concerned Divisions, Member from NTCA, Odisha Pollution Control Board, OMC and Civil society representative (to be decided by State Govt.). this monitoring committee will oversee the wildlife and environmental issues on annual basis and suggest the action needed for betterment of wildlife conservation in the area. b) OMC should provide an annually when production is three million tones per annum, not less than Rs. 3 crore annually when production is stepped up to four million tones per annum, not less than Rs. 4 crore when production is steeped up to six million tones per annum to do conservation work in surrounding landscape especially in the Forest Divisions through which there is forest connectivity with protected areas. The OMC Ltd should deposit Rs. 10 crore with the PCCF (WL) at the beginning of each five year block period and further amount if any may be deposited on a year to year basis based on iron ore production and the profitability of this mine. At present there is undertaking of providing Rs. 280.35 lakhs towards implementation of conservation measure inside ML areas of Daitari and Daitari Extension areas. c) OMC through its corporate responsibility fund ensure that people dependent on biomass extraction from extension are as well as its own staff colonies should be provided with LPG connections. OMC should adopt green technology for its colonies and ensure minimum carbon foot print. d) The conservation work from the overall compensation money to be paid for extension and annual recurring grant proposed in point (b) above should include following: Improving quality of forest by Afforestation of native species including at least 10% of bamboo, reducing dependencies of people in terms of biomass requirement. Resettlement of villages from protected areas as per policy of the State Govt. Development appropriate protection mechanism, inclusive of personnel needed and guard chowkies. Development of Eco-development infrastructure for betterment of wildlife and people. Add other neighboring forest Diversion and protected area for improving the overall biodiversity value and conservation. Implement wildlife monitoring protocol developed by NTCA-WII e) At present only compensatory Afforestation plan in Kalahandi of few tree species is envisaged which need to be extended to include more native species with at least 10% of bamboo species. The plan should be to reclaim land mimicking natural forest. It is better to relook at this option and instead areas in the divisions having elephant and tiger corridors should be chosen for Afforestation to improve the quality of connectivity and gaps if any. 26. Forest Survey of India (FSI) vide letter no. 308/2016-NFDMC/1733 dated 15.09.2016 (Pg-1240-1254/c) has informed that the area is falling under inviolate category as per DSS application. 27. Director (S), IA Division of this Ministry vide their letter no. Z-11013/40/2017-IA-II (M) dated 23.06.2017 (Pg- 1257/c) has informed that the Mine leases of Iron Ore & Manganese Ore are in the ambit of carrying Capacity Study in the State of Odisha. The Final Study Report is awaited as of now. 28. The above mentioned facts was considered by the FAC in its meeting held on 20.07.2017. FAC after thorough deliberations and discussion with the user agency, the representative of state government and regional office observed that the forest area is of pristine nature which has more than 2,72,535 trees with density about 0.8 and National Tiger Conservation Authority (NTCA) has proposed a tiger corridor interlinking Similipal Tiger & Satkosia Tiger Reserve in Odisha which is essential for long term Tiger / Wildlife conservation in our country. In this backdrop FAC recommended that: (i) State government in consultation with Regional Office shall take a holistic view of all mines existing in that area and analyse how this mine along with other existing mines in the area will affect the corridor connectivity and biodiversity value of the area. (ii) It is reported that a big patch of Gramya Jungle was found without vegetative cover, which was abnormal considering the dense canopy of the adjacent forest, the area is adjacent to village Talapada. Approximately 28.67 ha. of Gramya Jungle coming within the lease area. The state government shall enquire the reason for less vegetation in the lease area under the control of the user agency and submit the report to the ministry. . 29. Accordingly, the State Government was requested vide this Ministry’s letter dated 24.08.2017 (Pg No. 1259/c) to take necessary action in accordance with recommendation of FAC on 20.07.2017 as given in para (28) above. 30. The Regional Office, Bhubaneswar vide their letter dated 25.04.2018(Pg.1285-86/c) informed that this office organized a meeting on 07.02.2018 with the State Govt. officials to discuss various aspects of the existing mines and its possible impact on wildlife and biodiversity of the area with request to different Departments of State Govt. including the user agency i.e. OMC Limited to furnish additional information as discussed in the meeting, so that a holistic view may be taken up by the Ministry on the consolidated report from the State Govt. and the Regional Office. The formal consolidated view of the State Govt. has not been received from the State Govt. yet. Since, the matter has already been examined holistically and views of the concerned Departments of the State Govt. have also been received, the State Govt. is advised herewith to send its formal endorsement directly to the Ministry marking a copy of the this office, Accordingly, the required information including the reports furnished by the Director of Mines, Odisha 38 | P a g e
and PCCF (WL), Odisha along wit the copy of Minutes of Meeting dated 07.02.2018 along with view of Addl. PCCF (Central is enclosed for subsequent consideration of the proposal by the Ministry, as may be deemed appropriate. In the meeting minutes, the following observations are made by Regional Office: (i) It was observed that the said diversion proposal is situated, in a virgin, very dense, nearly undisturbed pristine forest having immense biodiversity value and is serving as a crucial tiger corridor interlinking Similipal Tiger Reserve and Satakosia Tiger Reserve, which is very near to the proposed diversio n boundary and is a prized habitat, of elephants and many species of very important wildlife, which is of grave concern and utmost importance. (ii) It was also observed (DSS) that the said OMC mine (currently operating in 95.60 ha) is a lone mine situated on hill top and is aerially 5 KM (approx.) apart/ away from the Chromite mine cluster which are situated in the valley. (iii) It was also observed that the mining disturbance and related biotic interference including transport route of ore are not limiting to each other. (iv) The proposed diversion along with the existing iron ore mine is situated in a pristine very dense undisturbed forest, excepting the pre-existing mining activities of the OMC, which is also attenuated/ reduced in recent years due to unavailability of areas for further ore extraction as stated by OMC representative. (v) Accordingly, the additional diversion is proposed for extension of mine. The subsequent evacuation/transport of ore, OMC has conveyers to bring ore to downhill, for further disposal by existing express way and railway line. (vi) The said existing OMC mine is a very old mine started since 1966 and for its ore evacuation an express highway constructed before 1970, terminating at Paradeep Port. (vii) The transport of ore from Chromite mine cluster, where OMC also has two mines, commences initially through different routes, out of which one route joins express highway much later at Tomka and at Duburi. Accordingly, OMC authorities were requested to submit an undertaking for transport plan/truck transport liability for evacuation of ore in future. (Action: OMC authorities) (viii) Considering the large scale proposed cutting of 2.7 Iakh trees in a pristine forest and OMC proposed additional safety zone of 112 ha, an undertaking regarding the Proposed number of trees to be saved from felling along with site maps shall also be submitted by OMC. (ix) The Director of Mines informed that there is no other mining proposal pending with Govt. on the said hill top. The Director of Mines shall provide a confirmation to that effect along with a list of mines operating in iron ore zone and Chromite mine clusters of that area. (x) As pointed out in the NTCA report, a chunk of 112 ha out of proposed ML area of 746.3325 ha to be kept conserved by de-linking from mining activity to maintain a manageable safe distance (3 km) from the corridor, for which OMC was unwilling earlier, has now consented. (xi) It was observed that there is ambiguity on the implementation of fund collected for Regional Wildlife Management Plan or in the area or elsewhere in the State. The CWLW is requested to submit a report on utilization/ implementation of fund (for Chromite and iron ore mines) in the said area as well as elsewhere with regard to (a) Regional Wildlife Management Plan, (b) Site Specific Wildlife Conservation Plan. (xii) As pointed out in the NTCA report, CA area should be in the Tiger/Elephant areas. Accordingly, PCCF-/Nodal Officer shall review and report. It was also requested to report, if there is any plan in preparation or in operation for corridor improvement in the mining zones/ state. (xiii) Accordingly, the State Govt. shall submit/ forward a report incorporating the above observations to the Regional Office for further necessary action. 31. Now the State Government of Odisha vide their letter no. 10F(Cons)-37/2018-10150/F&E dated 01.05.2018 (Pg No. 1260-1284/c) submitted their response on Ministry’s letter dated 24.08.2017. The point wise information as sought by this Ministry and reply there of given by the State Government are as under:
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Information sought State Government in consultation with Regional Office shall take a holistic by Ministry view of all mines existing in that area and analyse how this mine along with other existing mines in the area will affect the corridor connectivity and biodiversity value of the area. Response of State In the above context, it is reported by the State Govt. that a meeting was held Government on 7.2.2018 at the level of Addl. PCCF(Central), MoEF&CC, Eastern Regional Office with the concerned officers of State Mining/Forest Department to take a holistic view on existing mines in Daitari area of Jajpur district and its impact on corridor connectivity and bio-diversity of the area with specific reference to Daitari Iron ore Mines of OMC Ltd. The Minutes of the above mentioned meeting was communicated by the Eastern Regional Office vide its letter No. 5-ORA263/2015-BHU dt. 12.2.2018 to all concerned.
With regard to points of discussion held at RO, Bhubaneswar, the State Govt. reported that the PCCF, Odisha and others were also requested by this department vide communication dt. 3.3.2018 for furnishing required compliance on the minutes of the meeting. While the point 1 to 6 of minutes are the observations made in course of discussion based on DSS analysis of the area with regard to nature forest growth available in the area, possible location of a crucial tiger corridor interlinking Similipal Tiger Reserve and Satakosia Tiger Reserve, mines if any located near the Daitari Iron ore mines, necessity of expansion of Daitari Iron ore mines, ore evacuation routes etc.,
The point No. 7,8, 10 require compliance of OMC Ltd. Similarly point No. 9 and 11 of the minutes are to be replied by the Director of Mines and PCCF(WL)&CWLW, Odisha respectively.
On point 12 of the minutes, Nodal Officer is required to furnish his report. The OMC Ltd. in its representation dt. 16.2.2018 to F&E department has furnished the required compliance on all the three points of the minute. The point 7 of the minutes requires OMC authorities to submit an undertaking for transport plan/truck transport liability for evacuation of ore in future. OMC have furnished in detail about the mode of transport adopted by them for evacuation of extracted ore from their chromite and iron ore mines in the area. They have also undertaken to maintain the truck transport liability on Daitari- Paradeep Express highway pertaining to chrome ore transport from OMC mines. Similarly, they have also undertaken to limit the transportation of iron ore from Daitari Iron ore mines up to a maximum of 1.0 MTPA even during expansion through Ghat road to Baliparbat stockyard.
On point No. 8 of the minutes, the OMC Ltd. has undertaken to retain 33,600 no. of trees in the proposed additional safety zone.
Similarly, on point 10 of the minutes, it has been undertaken that a chunk of 112 ha. of forest land within the Daitari ML area is to be maintained as additional safety zone. The Submission of OMC Ltd. to have additional safety zone of 112 ha. within ML area was also earlier furnished to GoI vide F&E Department letter dt. 16.10.2017 referred to above. Copy of letter dt. 16.2.2018 of OMC Ltd. appended with above undertakings and relevant maps showing additional safety zone along with KML file of the area in CD form are attached / herewith as Annexure II (Pg.1271-1272/c).
As indicated in the minutes at point 9, the Director of Mines, Odisha informed in the meeting that there is no other mining proposal pending with State 40 | P a g e
Government on the said hill top. He has also furnished his report to Eastern Regional Office in this context.
Regarding point 11 of the minutes of the meeting, the CCF(WL) vide letter No. 2686 dt. 21.3.2018, has furnished details of expenditure made through Annual Plan of Operations of State-CAMPA from 2009-10 to 2015-16 in the State in executing the Regional Wildlife Management Plans and Site Specific Wildlife Conservation Plans with specific reference to Chromite/iron ore mines and other mining/industrial area (Annexure III: Pg.1273-1274/c). Besides, the RCCF, Angul based on the report of DFO, Cuttack has furnished details of allotment of fund and expenditure made in execution of Regional Wildlife Management Plan and Site Specific Wildlife Conservation Plan in Cuttack Forest Division (Annexure IV: Pg.1276-1280/c).
As regards point 12 of the minutes of the meeting regarding NTCA report and proposal for corridor improvement in the area, based on the report of DFO, Cuttack, the PCCF, Odisha vide his letter No. 9269 dt. 27.4.2018 has reported that no elephant/tiger corridor is passing through or nearby this ML area of OMC Ltd. The area was inspected by the DFO, Cuttack on 8.4.2018. The only non-forest patch available in the village limit of Talapada is mostly used for agriculture purpose by the local tribal people who are dependent upon this crop for their livelihood. Therefore, this land should not be covered under plantation. Further entire area proposed for corridor comes under Rebena RF having very high density of forest growth. The copy of letter dt. 27.4.2018 of PCCF, Odisha is appended as Annexure V (Pg.1282-1284/c).
It is further ascertained that the Eastern Regional Office vide its letter No. 5- ORA263/2015 dt. 25.4.2018 has furnished detailed report on the observation 2(i) of MoEF&CC dt. 24.8.2017 to the Ministry for consideration of the forest diversion proposal.
Information sought It is reported that a big patch of Gramya Jungle was found without vegetative by Ministry cover, which was abnormal considering the dense canopy of the adjacent forest, the area is adjacent to village Talapada. Approximately 28.67 ha. of Gramya Jungle coming within the lease area . The state government shall enquire the reason for less vegetation in the lease area under the control of the user agency and submit the report to the Ministry Response of State In this regard, it is informed by the State Govt. that as reported while forwarding this Government diversion proposal, a big patch of Gramya Jungle land measuring approximately 28.67 ha. located adjacent to village Talapada within ML area was found to be without vegetative cover. This deforestation was reported to be owing to Podu/ Jhum/ Shifting cultivation. This has been re-confirmed by the report of DFO, Keonjhar(WL) Division. Such type of cultivation activities in forest land amounts to violation Forest Conservation Act, 1980. Appropriate penal measures as per latest guidelines of MoEF&CC bearing guidelines F. No. 11- 42/2017-FC dt. 29.1.2018.
In view of the above, the facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for its examination and appropriate recommendation. ****
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Agenda No. 5 F. No. 8-47/2018-FC
Sub: Proposal for prospecting (Research) for 121.83 ha. Forest land under Forest (Conservation) Act-1980 for Laser Interferometer Gravitational Wave Observatory in India (LIGO ) in village Dudhala, Anjanwada, Nandgaon Sawali (B), Tal-Aundha (Nagnath), District – Hingoli by taking 150 Bore Holes in 0.375 ha forest area.
The State Government of Maharashtra vide their letter no. FLD-2018/CR.204/F-10 dated 28.06.2018 submitted the above mentioned proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980.
2. Details indicated in the proposal submitted by the Government of Maharashtra are as below:- FACT SHEET 1. Name of the proposal Proposal for prospecting (Research) for 121.83 ha. Forest land under Forest (Conservation) Act-1980 for Laser Interferometer Gravitational Wave Observatory in India (LIGO ) in village Dudhala, Anjanwada, Nandgaon Sawali (B), Tal-Aundha (Nagnath), District – Hingoli by taking 150 Bore Holes in 0.375 ha forest area.
2. Location: - (i) State Maharashtra (ii) District Hingoli
3. Particulars of Forests:- Hingoli Forest Division (i) Name of forest Division and Forest area 121.83 ha. involved
(ii) Legal Status / Sy. No. (iii) Maps Reserved Forest Pg. No. 63-68/c. 4. Vegetation Dry deciduous and open type of forest Density 0.1
5. Species -wise local/(Scientific names) and girth- Species wise local or scientific names and girth wise trees wise enumeration of trees at FRL. required to be felled is given and may kindly be seen at Pg. No.24/c.
6. Brief note on vulnerability of the forest area to Yes, forest area proposed for LIGO India project is vulnerable erosion. to soil erosion.
7. Approximate distance of the proposed site for 0.5 Km. diversion from boundary of forest
8. Details of wildlife present in and around the Major wildlife found in area is Blue bull, wild boar, jackal, forest land proposed for diversion. spotted deer and Indian hare etc.
9. Whether forms part of National Park, Wildlife No 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 species No of flora and fauna found in the area. If so, details thereof.
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11. Whether any protected archaeological / heritage site / Defence establishment or any other No important monument is located in the area.
12. Whether any work in violation of the Act has been carried out (Yes/No). If yes, details of the No same including period of work done, action taken on erring officials. Whether work in violation is still in progress. Whether the requirement of forest land as 13. proposed by the user agency in col. 2 of Part-I Yes is unavoidable and barest minimum for the project, if no recommended area item-wise with details of alternatives examined. 14. Compensatory Afforestation Not given Details of non-forest area/degraded forest area 15. N/A identified for CA, its distance from adjoining forest, number of patches, sixe of each patches. Map showing non-forest/degraded forest area 16. identified for CA and adjoining forest boundaries. Detailed CA scheme including species to be 17. planted, implementing agency, time schedule, cost structure, etc. Total financial outlay for CA 18. Certificate from the competent authority 19. regarding suitability of the area identified for CA and from management point of view. 20. Total period for which the forest land is 0.5 year proposed to be utilized for prospecting (in years)
21. Reclamation Plan Not applicable
22. CAT Plan
23. Rehabilitation of Oustees
24. Employment Potential Permanent / Temporary. Not applicable
25. Whether clearance under the Environment (protection) Act, 1986 is required?
26. Cost Benefit analysis. Not Given
27. Total Cost of the Project (Rupees in lakhs) Rs. 240 Lakhs. LIGO India is a Mega Science specific project. This is 28. Site Inspection Report of the Divisional Forest Officer in compliance to the conditions first Laser Interferometer Gravitational Wave Observatory stipulated. in India (LIGO ). The SIR of DFO is placed in Pg. No.27- 28/c
- 29. Recommendations:
(i) DFO Recommended (Pg. 70/c)
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CCF Recommended. (pg.29/c). SIR of CCF may kindly see at pg. (ii) 31-32/c
(iii) PCCF / Nodal Officer Recommended with certain conditions (Pg.7/c)
(iv) State Government Recommended (pg. 8/c)
30. Compliance of Scheduled Tribe and Other The FRA certificate is given but not in the prescribed format Traditional Forest Dwellers (Recognition of and without documentary evidences such as DLC, Gram Forest Rights) Act, 2006. resolution. (Pg. 61-62/c)
31. District Profile, Not given. 32. Total Geographical area (in Ha.)
33. Total forest area (in Ha.)
34. Total area diverted since 1980
35. Total area proposed for afforested since 1980 a. Forest land including penal Compensatory Not given. Afforestation. b. Non-forest land. Total area afforested since 1980 27.04.17 36. (a) forest land Not given. (b) non-forest land
3. In the forwarding letter dated 28.06.2018 of the State Govt. reported that the Union Cabinet chaired by Hon’ble Prime Minister has given approval on 17.02.2016 for setting up mega science project called Laser Interferometer Gravitation Wave Observatory Project {LIGO – India Project ] in India. This project is under joint collaboration with Laser Interferometer Gravitational Wave Observatory (LIGO) , USA and it is funded by Department of Atomic Energy (DAE) and Department of Science & Technology (DST) of Government of India. The LIGO-India shall be a unique facility in the world along with US Detectors for unravelling some greatest mysteries of the universe called gravitational-wave. In this regard, a MoU has been signed in March, 2016 in US among the US National Science, Foundation, DAE and DST in the presence of Hon’ble, Prime Minster of India. The proposed project will bring unprecedented opportunities for Scientists and Engineers to dig deeper into the realm of gravitational wave and take global leadership in this new astronomical frontier. LIGO, India project will also bring considerable opportunities in cutting edge technology for the India Industry, which will be engaged in the construction of 8 km long beam tube at Ultra-High Vacuum on a levelled terrain. Thus, the project will motivate Indian students and young scientists to explore newer frontiers of knowledge, and will add further impetus to scientific research in the country. The total 150 bore holes are proposed within forest area which is required for prospecting (research) in 0.375 ha. Reserve Forest which will temporary be affected. 4. It is further reported by the state Govt. that DFO Hingoli Division, Hingoli has certified that there is no cutting and felling of trees and the instant proposal pertains only to prospecting for affecting the area of 0.375 ha only temporarily, the conditions of taking up CA and payment of NPV seems to be not applicable at this stage. However, if the exploration leads to finding Laser interferometer Gravitation Wave Observatory in India (LIGO), It will necessitate submission of proposal under FCA, 1980 and these conditions shall become applicable. 5. The PCCF, Maharashtra State, Nagpur vide their letter no. 17/NC/I/I.D-/491/16-17 dated 02.06.2018 (pg. 4-6/c) has recommended the proposal subject to the following conditions. a. The legal status of the forest land required will remain unchanged. b. Construction of temporary dwelling/ hutments etc. For labourers will not be allowed in the forest areas. c. Adequate precautions shall be taken to safeguard the adjoining areas from explosives and it shall not be stored in the forest area. d. The user Agency will not dump the overburden on the forest land.
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e. The UA should clearly understand that this permission is being granted only for prospecting of 150 borehole. The proposal for road, building, beam tube and Laser Interferometer Gravitational Wave Observatory (LIGO) will be considered independently later on merit. f. All other conditions as may be mandatory under relevant Acts, Rules and guidelines shall be complied with by the user agency. 6. 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:
(i) Proposed forest area for diversion of forest land falls under Hingoli district of Maharashtra State and Calculated area of prospecting lease is found 122.01 ha (ii) Proposed area for diversion classified as Not-inviolate area based on Decision Rule No. 1 & 2.
In view of the above facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for examination and appropriate recommendation. ****
Agenda No. 6 F. No. 8-50/2016-FC
Sub: Application of Sri Sunandan Pradhan (Legal heir of Late Dr. S. Pradhan and Constituted Attorney on behalf of all other legal heirs of Late Dr. S. Pradhan) seeking approval of MoEF&CC under Section 2(iii) of Forest Conservation Act, 1980 over entire forest land of 94.259ha. within total applied Mining lease area of 94.259 ha. located entirely inside Sidhamatha Reserved Forests in Keonjhardistrict, Odisha for Iron and manganese ore mining.
1. The State Government of Odisha vide their letter No. 10(Cons202/2016.22064/F&E dated 28.11.2016 had submitted an application of Dr. S. Pradhan seeking approval of MoEF&CC under Section 2(iii) of Forest Conservation Act, 1980 over entire forest land of 94.259 ha located entirely inside Sidhamatha Reserved Forests in Keonjahr District, Odisha for Iron and Manganese ore mining. 2. It is also mentioned that the Final approval/ Stage-II clearance for diversion of 85.55 ha of forest land in Sidhamatha Reserved Forests in favour of Dr. Sarojini Pradhan for Iron and Manganese Ore Mining was accorded vide this Ministry’s letter no. F. No. 8-100/2006-FC dated 26.09.2007.The balance area of 8.709 ha forest land which is coming under safety zone and green belt is not diverted. 3. The project area is located in Keonjhar Forest Division of Keonjhar district of Odisha .Area of Forest land for Diversion 94.259 ha. It is reported that the average vegetation Density is 0.6. it varies from 0.2 to 0.8. and falls in Eco Value Class– I.Vegetation type is 3C/C2e (iii) moist peninsular valley sal 4. It is reported that the hilly topography of the forest land, involved in the applied mining lease, will result in soil erosion following felling of trees. 5. The area do not forms part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Corridor however it is reported that The applied forest land, situated in Sidhamath Reserved Forest, is the dwelling habitat for leopard, bear, barking dear, hyena, porcupine and etc. Occasional visit of wild elephants from the neighboring state Jharkhand cannot be ruled out. This falls under elephant habitat zone -2 as mentioned by ORSAC, Bhubaneswar. It is reported that no rare/ endangered/ unique species of flora and fauna is found in the area. The forest land proposed for lease is not located within eco-sensitive zone (ESZ). No archaeological/ heritage site/ defense establishment or any other important monument is located in the area. 6. No work in violation of the Act has been reported. 7. FRA certificate has not been given by the user agency 8. Nodal Officer of the State and State Government had Recommended the proposal for consideration by govt. of India for purpose of assignment of lease. 9. The above facts were placed below FAC its meeting held on 26.12.2016 and After detailed examination of the said proposal, the Committee in recommended that: (i) On analysis through DSS (Decision support system) it is observed that the area is having very dense forest. Regional Office, Bhubaneswar shall carry out Site Inspection prior to any decision on the issue. The matter will placed to FAC upon receipt of report from Regional Office. The matter stands deferred till such time. (ii) State Government shall submit complete compliance of FRA.
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10. Ministry vide its letter dated 12.01.2017 requested to the Regional Office, Bhubaneshwar of this Ministry to carry out site inspection of the forest land and the State Government to submit complete compliance of FRA as per recommendation of FAC. Regional Office, Bhubaneswar vide their letter no. 5-ORA030/FCE dated 21.04.2017 (Pg-230-237/c) has submitted Site Inspection Report (SIR).
11. SITE INSPECTION REPORT BY THE REGIONAL OFFICE, BHUBANESWAR: The SIR has been carried by Shri R. K. Samal, IFS, Conservator of Forest © for this proposal on 05.01.2017 with the officials of State Forest Department. The SIR is reproduced below:
1. Legal status of the forest land proposed for diversion
Forest Division Forest land in Ha. Legal Status Keonjhar 94.259 Reserve forest
2. Item-wise break-up details of the forest land proposed for diversion: The forest land involved in the applied mining lease is meant for approval under Section 2 (iii) of FC Act, 1980 for the purpose of execution of mining lease.
Approval under Section-2 (ii) of Forest (Conservation) Act, 1980 has already been obtained for 85.55 ha. vide MoEF, Govt. of India order No.8-100/2006-FC dated 26.09.2007. The detailed break up of land use plan is as follows: S1. Pattern of utilizlltion Forest land in ha. No. 1. Mining 65.70 2. Dumping of overburden 10.95 3 Storing of minerals 1.90 4. Storing of top soil 1.24 5. Construction of road 4.60 6. Storing of tools/machineries/workshop 0.50 7. Office and camp area 0.50 8. Magazine with fencing 0.16 Sub total 85.55 9. Safety zone and greenbelt area 8.709 Total 94.259
3. Whether proposal involves any construction of buildings (including residential) or not. If yes, details thereof: This proposal is for diversion of 8.709 ha. of forest land forest land fur safety zone and greenbelt and is the balance area of the total lease area of 94.259 ha. Per se is does not involve the construction of any building.
4. Total cost of the project at present rates: Details not given.
5. Wildlife: Whether forest area proposed for diversion is important from wildlife point of view or not: The proposed area is not a part of Sanctuary /National park or any protected area as per Wildlife Protection Act, 1972. The applied forest land falls under Elephant Habitat Zone-2 as per ORSAC, Bhubaneswar. Movement of wild elephants often noticed in this area. The area proposed for non forestry use over 85.55 ha has already been diverted under Section-2 (ii) of the FC Act, 1980. The remaining area of 8.709 ha. is for safety zone and maintaining greenbelt. A sum of Rs.14,13,855/- has been paid for Regional Wildlife Management Plan. Site specific Wildlife Management Plan in respect of this mine has been approved by PCCP (WL) and CWLW, Odisha vide his memo No.4103 dated 09.07.2009 with a financial outlay of Rs.90.00 lakh. This will be deposited to CAMPA account once demand is placed by DFO, Keonjhar.
6. Vegetation: The forest land applied for diversion is situated in Sidhamath Reserved Forest. The prevailing vegetation has been categorized under the group 3C/C2e(iii) moist peninsular valley Sal with 'Eco Value Class-1’and canopy density varying from 0.2 to 0.8. The average canopy density is about 0.6 Sal (Shorea robasta) is the main species along with its associates. Kuruma (Adina cordifolia), Kasi (Bridelia refusal, Asan (Terminalia/omentosa), Mango (Mangiftra indica), Kendu (Diospyros meianoxxylon), Mahula (Madhuca indica), etc. are seen in the applied area. Since, the forest diversion proposal is of the core area of 85.55 ha. has already been approved, balance area of 46 | P a g e
8.709 ha. constitutes the safety zone and greenbelt. Here the vegetation is not be disturbed rather to be maintained as Forest Clearance under Section-2 (iii) of the FC Act, 1980 will neither affect the crop composition nor the density.
(a) Total number of trees to be felled. No trees has been felled till date from the already diverted area of 85.55 Ha. as mining has not yet been done. The balance area of 8.709 Ha. is intended to be kept as safety zone and greenbelt and hence no trees will be felled in this patch. Effect of removal of trees on the general ecosystem in the area: No bad effect as this area of 8.709 ha. will be maintained as safety zone and greenbelt. (b) Important species: Sal (Shorea robasta) is the main species along with its associates. Kuruma (Adina cordifolia), Kasi (Bridelia refusal, Asan (Terminalia tomentosa), Mango (Mangjftra indica), Kendu (Diospyros melanoxxylon), Mahula (Madhuca indica), etc. are seen in the applied area. Number of trees of girth below 60 cm. :- Not applicable. Number of trees of girth above 60 cm. :-Not applicable.
7. Background note on the proposal: Sidhamath mining lease for iron and manganese ore has been conditionally granted by the Steel & Mines Department vide proceeding dated 20.06.1984 over an area of 640 acre. Subsequently, the Government advised the grantee to surrender a part of it. On application of the grantee a part of the lease was surrendered. The Government vide letter No 10924/SM dated 19.10.1995 has accepted the surrender and advised the grantee to obtain forest clearance over 94.259 ha. The lessee has obtained Forest Clearance over 85.55 ha. (except area under Safety Zone and Greenbelt) under Section-(ii) of Forest (Conservation) Act, 1980 vide MoEF, Govt. of India order No.8-100/2006-FC dated 26.09.2007 as per prevailing guidelines. On changed scenario after 12th July, 2012 guidelines the grantee is to obtain forest clearance over the balance area i.e. 8.709 ha. so that forest clearance over the total area of 94.259 ha is obtained so that State Government may execute the lease in their favour. The application of Dr. S. Pradhan for seeking permission under Section 2(iii) of FC Act,1980 for entire forest land of 94.259 ha. within the total applied ML area of 94.259 ha located inside Sidhamath RF in Keonjhar district for the purpose of assignment of lease was earlier furnished to MoEF&CC, Govt. of India in off-line mode vide letter No. 18876/F&E dated 18.07.2016. As per provisions of MoEF&CC guidelines bearing No. 11-599/2014- FC dated 01.04.2015 considering the fact that the mining lease application is covered under Section IOA(2)(C) of MMDR Amendment Act over an area of 94.259 ha. comprising of forest land entirely and is now pending for consideration of State Government for grant/execution of mining lease as per Rule 8(2) of Minerals (Other than Atomic and Hydro Carbon energy Minerals) Concession rules, 2016 by 11.01.2017. In the meantime Government of India, MoEF&CC have prescribed guidelines bearing F. No. 8-31/2016-FC dated 16.11.2016 for filing/processing of applications seeking permission under Section 2 (iii) of FC Act, 1980. Accordingly, Government of Odisha recommended the proposal for seeking approval under Section 2(iii) of FC Act, 1980 pertaining to entire forest land of 94.259 ha located entirely in Sidhamath RF in Keonjhar district for the purpose of assignment of lease.
8. Compensatory afforestation: This proposal is for clearance under Section 2 (iii) of FCA, 1980 tor signing of mining lease. No compensatory afforestation is required for this. For the 85.55 ha. for forest land already diverted 85.55 ha. of non forest land has been transferred to the Forest Department. (a) Whether land for compensatory afforestation is suitable from plantation and management point of view or not: Not applicable as of now. (b) Whether land for compensatory afforestation is free from encroachment/other encumbrances: Not applicable as of now. (c) Whether land for compensatory afforestation is important from Religions/Archaeological point of view: Not applicable as of now. (d) Land identified for raising compensatory afforestation is in how many patches, whether patches are compact or not: Not applicable as of now. (e) Map with details: Not applicable as of now. (f) Total financial outlay: Not applicable as of now.
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: No violation of FC Act, 1980 has been committed by the applicant.
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10. Whether proposal involves rehabilitation of displaced persons. If yes, whether rehabilitation plan has been prepared by the State Government or not: Not applicable.
11. Reclamation plan: Not yet submitted. Details and financial allocation: Not yet submitted.
12. Details on catchment and command area under the project: No catchment and command area is involved. Catchment area treatment plan to prevent siltation of reservoir: Not applicable.
13. Cost benefit ratio: Not yet submitted.
14. Recommendations of the Principal Chief Conservator of Forests/State Government: The State Govt. has recommended to MoEF&CC, Govt. of India vide their letter No. 10F(Cons)202/2016- 18876/F&E dated 18.10.2016 and 10F(Cons)202/2016 -22074/F&E dated 28.11.2016 to consider the application of the ML applicant for approval under Section 2 (iii) of the FC Act, 1980.
15. Recommendations of Addl. Principal Chief Conservator of Forests (Central) along with detailed reasons: Addl. PCCF endorsed the site inspection report of CF (Central) for the proposal of application of Sri Sunandan Pradhan seeking approval of MoEF&CC under Section 2 (iii) of Forest Conservation Act, 1980 over entire forest land of 94.259 ha. within total applied Mining lease area of 94.259 ha. located entirely inside Sidhamatha Reserved Forests in Keonjhar district, Odisha for Iron and Manganese ore mining Odisha. I agree with the note of caution of CF (Central) under Para 20 of his site inspection report and fully endorse it for consideration while considering grant of forest clearance to the said lease. Since, the present application has been made for forest clearance under Section 2 (iii) of the Forest (Conservation) Act, 1980, therefore, no details of proposed land use, including land for construction of buildings, if any, number of trees to be felled, etc. has been included in the site inspection report.
16. Conservator of Forests shall give detailed comments on whether there are any alternative routes/alignment for locating the project on the non-forest land: This is a mining project and it is site specific.
17. Utility of the project: Numbers of Scheduled Caste/Scheduled Tribes to be benefited by the project: Many Scheduled Caste/Scheduled Tribes to be benefited who are staying nearby the proposed site.
18. (a) Whether land being diverted has any socia-cultural/ religious value: No. (b) Whether any sacred grove or very old growth trees/forests exist in the areas proposed for diversion: No. (c) Whether the land under diversion forms part of any unique eco-system: No.
19. Situation with respect to any Protected Area: The applied area does not come under any Protected area.
20. Any other information relating to the project: The mining project was given Stage-II clearance for 85.55 ha vide MoEF letter No. 8100/2006-FC dated 26.09.2007. The user agency has given the NPV for the total 94.259 ha. of forest land (85.55 ha. already diverted and 8.709 ha. for safety zone and greenbelt). The lease has not yet been signed.
12. As per recommendation of FAC held on 26.12.2016 [Para 20 (ii above)], Ministry vide its letter dated 12.01.2017 (Pg-217/c) was requested that the State Government to submit complete compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. No information in this regard is received from Government of Odisha.
13. It is also mentioned that this Ministry vide its letter no. 5-01/2017-FC dated 08.02.2017 and 12.04.2017 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 of MMDR Act, 2015, and pending in this Ministry for consideration under Section 2 (iii) of Forest (Conservation) Act, 1980. The State Government of Odisha vide their letter no. 10F(Con) 109/2016/9604 dated 15.05.2017 (238-244/c) has provided the status of various pending proposals including the present status of Dr. S. Pradhan which is given below:
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“Applicant filed W.P. (C) No. 419/2017 before the Hon’ble High Court of Orissa. Interim Order- The provision of Rule 8 (4) MC Rules, 2016 shall not made applicable till the next date of listing.
14. The above facts including SIR was placed before FAC in its meeting held on 16.05.2017 for their examination and appropriate recommendation. The detailed minutes of the FAC meetings held on 16.05.2017 are placed in file at F/X. 15. Recommendation of FAC on 16.05.2017:FAC took the reply of state government regarding validity of letter of intent into consideration. It is observed that the matter is sub- judice and Hon’ble High court of Odisha in its interim order in W.P. (C) No. 419/2017 had directed as follows:
1. The submission of Mr. Gopal Subramaniam learned Senior Counsel for the petitioners is that the petitioners had applied for grant of mining lease which was duly approved by the Central Government under Section 5(1) of the Mines and Minerals (Development and Regulation) Act 1957 on 04.03.1983. The application however kept pending and in the meantime the Act was amended and certain provisions have been inserted by Act 10 of 2015 with effect from 12.1.2015. Under the new provision of Section 10A lease deed is to be granted within a period of two years from the date of the amendment of the Act i.e. with effect from 12.1.2015. Besides several prayers which have been made the grievance of the petitioners at this stage is with regard to the provision of Rule 8(4) of Mineral (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules 2016 which provides that in case the mining lease is not executed on or before 11.1.2017 the rights of the applicant shall be forfeited. 2. The submission of the learned counsel for the petitioners is that because of the lapses on the part of the opposite parties the mining lease has not been granted for which the petitioners cannot be made to suffer. The petitioners further contends that the provision of sub-rule (4) of Rule 8 is contrary to the provisions of Section 10-A (2)(c) of MMDR Act 1957 and as such the same cannot be sustained in the eye of law.
3. In our view the matter requires consideration.
4. Mr. A.K.Bose learned Asst. Solicitor General accepts notice on behalf of opposite parties no. 1 and 2 and Mr. B.P.Pradhan learned Addl. Government Advocate accepts notice on behalf of opposite party no.3. They pray for and are granted four weeks time to file counter affidavit and the petitioners shall have two weeks thereafter to file rejoinder affidavit.
5. List this matter immediately after six weeks.
6. Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties as an interim measure it is directed that the provisions of Rule 8(4) of Mineral (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules 2016 shall not be made applicable in the case of the petitioners till the next date of listing.
16. After going through the judgement in the matter, FAC observed that petitioner had contended that the provision of sub rule (4) of rule 8 is contrary to the provisions of section 10-A (2) (c) of MMDR Act and same could not be sustained in the eye of law. In this regards FAC referred to FCA guidelines 2.1(vi) vide which state government are advised not to consider/process cases, which are pending in various courts or sub-judice to avoid all sort of administrative and legal complications. In this backdrop FAC recommended not to grant permission to the state Government under section 2(iii) of FC Act till the final order of the Hon’ble High Court and clarification regarding the applicability of provisions of section 10-A (2) (c) of MMDR Act. Accordingly, after getting approval of MEF, the above recommendation was communicated vide this Ministry’s letter dated 07.07.2017(Pg.256/c). 17. Now the user agency vide their letter dated 15.06.2018 (F/Y) submitted a representation stating that the Hon’ble High Court of Orissa vide its order dated 24.04.2018 in Misc. case no. 12324 of 2017arising out of WP(C) No.419 of 2017 directed the MoEF&CC (Pg.281-288/c:F/Z) that: 3.In our view, in our order dated 11.01.2017 there was no direction with regard to the consideration of the application of the petitioners for forest clearance. The submission of learned counsel for the petitioners is that this Court may not issue a direction to give the order/decision to the petitioners on their application for grant of forest clearance filed by the petitioners may be considered in accordance with law and the decision
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on the same by kept in sealed cover, so that in case this writ petition is allowed, there may not be any further delay. Since we are of the view that our order dated 11.01.2017 can in no way be interpreted as if we have expressed any opinion with regard to consideration of the application of the petitioners for grant of forest clearance, the opinion given by the Forest Advisory Committee while dealing with Agenda No. 7 on 18.09.2017 regarding not granting permission to the State Government to consider the application of the petitioners for grant of forest clearance is not justified, as there was no such observation even made in our order dated 11.01.2017. As such, we allow this application and direct the opposite parties to consider the application of the petitioners for grant of forest clearance under Section 2 (iii) of the Forest Conservation Act, 1980 expeditiously and in accordance with law, and the same be kept in sealed cover to be opened as per the direction of this Court in this writ petition. We make it clear that we have not expressed any opinion with regard to merits of the application of the petitioners, which shall be considered by the concerned authority while considering the application of the petitioners. In view of the above, the above facts related to this proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for its consideration and appropriate recommendation. ****
Agenda No. 7 F. No. 8-50/2018-FC
Sub: Proposal for according permission for use of 5.782 ha. of forest land within total PL area of 153.571 ha. in PL Block No. II(Chromite) Ore located in village Kaliapani and Forest Block No. 27 under Sukinda Tahasil of Jajpur District (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 95 nos. of boreholes (95 boreholes @ 0.02 ha each totalling 1.90 ha and 3.882 ha. for construction of road) by M/s Odisha Mining Corporation Ltd. ( OSFMCP – Proposal No: FP/OR/MRL/3/2017).
The State Government of Odisha vide their letter no. 10F(Cons)-131/2018-13603/F&E dated 20.06.2018 submitted the above mentioned proposal seeking prior approval of the Central Government under Section-2 of the Forest (Conservation) Act, 1980.
2. Details indicated in the proposal submitted by the Government of Odisha vide their letter dated 20.06.2018 are as below: - FACT SHEET 1. Name of the proposal Proposal for according permission for use of 5.782 ha. of forest land within total PL area of 153.571 ha. in PL Block No. II(Chromite) Ore located in village Kaliapani and Forest Block No. 27 under Sukinda Tahasil of Jajpur District (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 95 nos. of boreholes (95 boreholes @ 0.02 ha each totalling 1.90 ha and 3.882 ha. for construction of road) by M/s Odisha Mining Corporation Ltd. 2. Location: - (i) State Odisha. (ii) District Jajpur.
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3. Particulars of Forests: -
(i) Name of forest Division Cuttack Forest Division (ii) Forest area involved Total P.L Block-II area: - 153.571 ha. (Forest Land 152.4426 ha and Non-Forest Land is 1.1287 ha.). The diversion for instant proposal is 5.782 ha Forest Land. (iii) Legal Status / Sy. No. Forest Land of Mahagiri DPF. (iv) Maps 4. (i) Vegetation Dry deciduous Forest (Mixed Sal)
(ii) Density Eco-value class-III and Canopy Density < 0.4
5. Species-wise local/(Scientific names) and Not required. girth-wise enumeration of trees at FRL. 6. Brief note on vulnerability of the forest The proposed forest land is a part of Mahagiri DPF, which area to erosion. is about 160 Mtr. above Mean Sea level. The Topography of the land is hilly, sloppy and undulating. 7. Approximate distance of the proposed site Revenue Forest & Inside Mohagiri DPF. for diversion from boundary of forest
8. 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) 9. Details of wildlife present in and around Generally migrated Elephant, Spotted deer, Wild boar, Fox, the forest land proposed for diversion. Barking Deer, common Languor, Jackal, Sloth Beer, Hyena, Squirrel Mongoose, Ratel, Hare, Pangolin, Peacock, Red Jungle Fowl, Porcupine, Ring Dove, Parrot, Koel, Indian Wild Lizard, King Cobra, Cobra, Python, Common Indian Krait are found in the area. 10. Whether any rare / endangered unique Migratory Elephant, Ratel, Pangolin, Sloth Bear, Python, species of flora and fauna found in the area. King cobra. If so, details thereof. 11. Whether any protected archaeological / heritage site / Defence establishment or No any other important monument is located in the area.
12. Whether any work in violation of the Act has been carried out (Yes/No). If yes, details of the same including period of No work done, action taken on erring officials. Whether work in violation is still in progress. 13. Compensatory Afforestation With regard to CA Scheme the State Government state in their forwarding letter that no Compensatory Afforestation (i) Details of non-forest area/degraded forest is required for the purpose of forest land to be used for area identified for CA, its distance from exploratory drilling as per provisions of Ministry’s adjoining forest, number of patches, sixe of Guideline dated 04.07.2014. However, as insisted in other each patches. prospected projects, a CA scheme for 3.882 ha of non-forest
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(ii) land in lieu of said extent of forest land being proposed to be Map showing non-forest/degraded forest used for the construction of road in this project is required area identified for CA and adjoining forest accordingly, 3.882 ha of non-forest land suitable for Bald- boundaries. hill plantation @ 1600 plants per ha. has been identified in (iii) village Tala Ambabadar of Thuamul Rampur Tehsil of Detailed CA scheme including species to Kalahandi district. The approved CA scheme of Rs. be planted, implementing agency, time 16,50,200 as given towards this project and may kindly be schedule, cost structure, etc. seen at Page no. 90-96/c. (iv) Total financial outlay for CA (v) Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. 14. Total period for which the forest land is 05 year proposed to be utilized for prospecting (in years) 15. Reclamation Plan Not applicable 16. CAT Plan 17. Rehabilitation of Oustees 18. Employment Potential Permanent / Not applicable Temporary. 19. Whether clearance under the Environment Mineral prospecting is exempted from having environmental (protection) Act, 1986 is required? clearance. 20. Total period for which the forest land is Not applicable proposed to be diversion (In years). 21. Cost Benefit analysis. It is mentioned in forwarding letter of State Government dated 20.06.2018 that it is not case of diversion, Cost: Benefit Analysis for this exploration project is not required. 22. Rs 1801.80 (Pg. No. 21/c) Total Cost of the Project (Rupees in lakhs) 23. Specific recommendation of the Divisional The proposed is recommended with the condition that no Forest Officer. damage should be caused to the flora and fauna during the prospecting operation. 24. Recommendations: - (i) DFO Recommended (Pg. 27-28/c) (ii) RCCF Recommended for acceptance (pg. 29/c) (iii) PCCF / Nodal Officer Recommended (Pg.30 /c) (iv) State Government Recommended (pg. 31/c) 25. Compliance of Scheduled Tribe and Other Not given. Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
(i) District Profile, Not given.
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(ii) Total Geographical area (in Ha.)
(iii) Total forest area (in Ha.)
(iv) Total area diverted since 1980
Total area proposed for afforested since 1980 (v) Not given. (a) Forest land including penal Compensatory Afforestation (b) Non-forest land. Total area afforested since 1980 27.04.17 (vi) (a) Forest land Not given. (b) Non-forest land
3. The State Govt. recommended that the Ministry of Environment and Forests & Climate Change, Government of India may kindly consider the proposal for according permission for use of 5.782 ha. of forest land within total PL area of 153.571 ha. in PL Block No. II(Chromite) Ore located in village Kaliapani and Forest Block No. 27 under Sukinda Tahasil of Jajpur District (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 95 nos. of boreholes (95 boreholes @ 0.02 ha each totalling 1.90 ha and 3.882 ha. for construction of road) by M/s Odisha Mining Corporation Ltd.with the following conditions: (i) User agency shall seek permission of DFO, Cuttack Forest Division before entering into the forest area. (ii) Each bore-hole shall be dug with prior permission of the DFO, Cuttack Forest Division. (iii) Proper plugging of boreholes shall be made after exploration activities are complete. (iv) No tree felling shall be undertaken for exploration activities. Project activities shall be restricted to clearing of bushes and lopping of tree branches it any for the purpose of site preparation. (v) Existing path and roads only will be used by the user agency for the purpose of prospecting activities in addition to 3.882 ha. of forest land to be used for this purpose in the ML area. (vi) Drilling of boreholes will be limited to 95 no. with diameter of 4” within forest land. (vii) No labour camp shall be established on the forest land. (viii) No work shall be allowed after sunset. (ix) No other construction activities shall be done by the user agency on forest land. (x) User agency shall report the progress of drilling work to the DFO, Cuttack and also furnish detailed report thereof on completion of the project. (xi) 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 DFO, Cuttack. (xii) 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 DFO, Cuttack. (xiii) Instant permission of Govt. of India for prospecting in forest area, if accorded, would not confer any rights on the user agency to obtain diversion of forest land for mining of chromite from this area in future. (xiv) 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 boreholes be suitably re-located. (xv) DFO, Cuttack Forest Division may impose any other condition for protection and conservation of the flora and fauna in the forest area. (xvi) Prospecting activities within the PL area shall be subject to having valid lease. (xvii) Compliance of stipulations indicated at point (vi),(viii), (ix) of GoI, MoEF&CC guidelines on prospecting dt 9.5.2018 shall be furnished.
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4. It is also imperative to mention here that the Ministry vide its letter no. 5-3/2007-FC dated 09.05.2018 issued a guideline for stipulating the norms for Survey and Investigation (Prospecting of ores) on forest land with direction that exempting large scale non-forest activities, such as drilling of 15 – 20 bore-holes / sq. km. for prospecting of minerals in forest areas, from the requirement of obtaining prior approval under the Forest (Conservation) Act, 1980 is not acceptable. The guideline dated 09.05.2018 further conveyed that: 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 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.
5. 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:
(i) Proposed area for diversion of forest land falls under Jaipur district of Odisha State and Calculated area of Mining lease is found 153.57 ha (ii) Simlipal Satkosia Tiger Corridor is located at a distance of 8.66 KM from prospecting lease boundary. (iii) Proposed area for diversion classified as Not-inviolate area based on Decision Rule No. 1 & 2.
In view of the above facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for examination and appropriate recommendation. ****
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Agenda No. 8 F. No. 8-51/2018-FC
Sub: Proposal for according permission for use of 7.540 ha. of forest land within total PL granted area of 242.265 ha. in PL Block No. I(Chromite) located in village Kalarangiatta, Ransol, Mahulkhal & Forest Block No. 27 under Sukinda Tahasil of Jajpur district (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 122 no. of boreholes (122 boreholes @ 0.02 ha each totalling 2.44 ha and 5.100 ha. for construction of road) by M/s Odisha Mining Corporation Ltd. OSFMCP – Proposal No: FP/OR/MRL/4/2017.
The State Government of Odisha vide their letter no. 10F(Cons)-79/2018-9688/F&E dated 26.04.2018 submitted the above mentioned proposal seeking prior approval of the Central Government under Sectin-2 of the Forest (Conservation) Act, 1980.
2. Details indicated in the proposal submitted by the Government of Odisha vide their letter dated 26.04.2018 are as below: - FACT SHEET 1. Name of the proposal Proposal for according permission for use of 7.540 ha. of forest land within total PL granted area of 242.265 ha. in PL Block No. I(Chromite) located in village Kalarangiatta, Ransol, Mahulkhal & Forest Block No. 27 under Sukinda Tahasil of Jajpur district (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 122 no. of boreholes (122 boreholes @ 0.02 ha each totalling 2.44 ha and 5.100 ha. for construction of road) by M/s Odisha Mining Corporation Ltd. 2. Location: - (i) State Odisha. (ii) District Jajpur. 3. Particulars of Forests:-
(i) Name of forest Division Cuttack Forest Division (ii) Forest area involved Total P.L Block-I (Chromite) area:- 242.265 ha. (Forest Land 239.709 ha, and Non-Forest Land is 2.556 ha.). Instant proposal for diversion is 7.540 ha Forest Land. (iii) Legal Status / Sy. No. Forest Land of Mahagiri DPF. (iv) Maps
4. (i) Vegetation Dry deciduous Forest ( Mixed Sal)
(ii) Density Eco-value class-III and Canopy Density < 0.4
5. Species-wise local/(Scientific Not required. names) and girth-wise enumeration of trees at FRL. 6. Brief note on vulnerability of the The proposed forest land is a part of Mahagiri DPF, which is forest area to erosion. about 160 Mtr. Above Mean Sea level. The Topography of the land is hilly, sloppy and undulating. 7. Approximate distance of the Revenue Forest & Inside Mohagiri DPF. proposed site for diversion from boundary of forest 8. Whether forms part of National No Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant 55 | P a g e
Corridor etc. (if so, the details of the area the comments of the Chief Wildlife Warden to be annexed) 9. Details of wildlife present in and Generally migrated Elephant, Spotted deer, Wild boar, Fox, around the forest land proposed for Barking Deer, common Languor, Jackal, Sloth Beer, Hyena, diversion. Squirrel Mongoose, Ratel, Hare, Pangolin, Peacock, Red Jungle Fowl, Porcupine, Ring Dove, Parrot, Koel, Indian Wild Lizard, King Cobra, Cobra, Python, Common Indian Krait are found in the area. 10. Whether any rare / endangered Migratory Elephant, Ratel, Pangolin, Sloth Bear, Python, King unique species of flora and fauna cobra. found in the area. If so, details thereof. 11. Whether any protected archaeological / heritage site / No Defence establishment or any other important monument is located in the area. 12. Whether any work in violation of the Act has been carried out (Yes/No). If yes, details of the same including No period of work done, action taken on erring officials. Whether work in violation is still in progress. 13. Compensatory Afforestation With regard to CA Scheme the State Government state in their forwarding letter that no Compensatory Afforestation is required (i) Details of non-forest area/degraded for the purpose of forest land to be used for exploratory drilling forest area identified for CA, its as per provisions of Ministry’s Guideline dated 04.07.2014. distance from adjoining forest, However, as insisted in other prospected projects, a CA scheme number of patches, sixe of each for 5.10 ha of non-forest land in lieu of said extent of forest land patches. being proposed to be used for the construction of road in this project is required accordingly, 5.10 ha of non-forest land (ii) Map showing non-forest/degraded suitable for Bald-hill plantation @ 1600 plants per ha. including forest area identified for CA and cost of maintainace of 10 years has been identified in village adjoining forest boundaries. Tala Ambabadar of Thuamul Rampur Tehsil of Kalahandi district. The approved CA scheme of Rs. 18,62,700 as given (iii) Detailed CA scheme including towards this project and may kindly be seen at Page no. 94-100/c. species to be planted, implementing agency, time schedule, cost structure, etc. (iv) Total financial outlay for CA (v) Certificate from the competent authority regarding suitability of the area identified for CA and from management point of view. 14. Total period for which the forest 05 year land is proposed to be utilized for prospecting (in years) 15. Reclamation Plan Not applicable 16. CAT Plan
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17. Rehabilitation of Oustees 18. Employment Potential Permanent / Not applicable Temporary. 19. Whether clearance under the - Environment (protection) Act, 1986 is required? 20. Total period for which the forest Not applicable land is proposed to be diversion (In years). 21. Cost Benefit analysis. It is mentioned in forwarding letter of State Government dated 26.04.2018 that it is not case of diversion, Cost: Benefit Analysis for this exploration project is not required. 22. Rs 2261.35 (Pg. No. 19/c) Total Cost of the Project (Rupees in lakhs) 23. Specific recommendation of the The proposed is recommended with the condition that no Divisional Forest Officer. damage should be caused to the flora and fauna during the prospecting operation. 24. Recommendations: - (i) DFO Recommended (Pg. 25-26/c) (ii) RCCF Recommended for acceptance (pg. 27/c) (iii) PCCF / Nodal Officer Recommended (Pg.29 /c) (iv) State Government Recommended (pg. 30/c) 25. Compliance of Scheduled Tribe and Not given. Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (i) District Profile, (ii) Total Geographical area (in Ha.) Not given. (iii) Total forest area (in Ha.) (iv) Total area diverted since 1980 (v) Total area proposed for afforested since 1980 Not given. (a) Forest land including penal Compensatory Afforestation (b) Non-forest land. (vi) Total area afforested since 1980 27.04.17 Not given. (a) Forest land (b) Non-forest land
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3. The State Govt. recommended that the Ministry of Environment and Forests & Climate Change, Government of India may kindly consider the proposal for according permission for use of 7.540 ha. of forest land within total PL granted area of 242.265 ha. in PL Block No. I(Chromite) located in village Kalarangiatta, Ransol, Mahulkhal & Forest Block No. 27 under Sukinda Tahasil of Jaipur District (Within jurisdiction of Cuttack Forest Division), Odisha for undertaking exploratory drilling of 122 no. of boreholes (122 boreholes @ 0.02 ha each totalling 2.44 ha and 5.100 ha. for construction of road) by M/s Odisha Mining Corporation Ltd for prospecting of minerals and convey their approval under Section-2 of Forest (Conservation) Act, 1980 in favour of M/s OMC Ltd. with the following conditions: (i) User agency shall seek permission of DFO, Cuttack Forest Division before entering into the forest area. (ii) Each bore-hole shall be dug with prior permission of the DFO, Cuttack Forest Division. (iii) Proper plugging of boreholes shall be made after exploration activities are complete. (iv) No tree felling shall be undertaken for exploration activities. Project activities shall be restricted to clearing of bushes and lopping of tree branches it any for the purpose of site preparation. (v) Existing path and roads only will be used by the user agency for the purpose of prospecting activities in addition to 5.100 ha. of forest land to be used for this purpose in the ML area. (vi) Drilling of boreholes will be limited to 122 no. with diameter of 4” within forest land. (vii) No labour camp shall be established on the forest land. (viii) No work shall be allowed after sunset. (ix) No other construction activities shall be done by the user agency on forest land. (x) User agency shall report the progress of drilling work to the DFO, Cuttack and also furnish detailed report thereof on completion of the project. (xi) 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 DFO, Cuttack. (xii) 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 DFO, Cuttack. (xiii) Instant permission of Govt. of India for prospecting in forest area, if accorded, would not confer any rights on the user agency to obtain diversion of forest land for mining of chromite from this area in future. (xiv) 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 boreholes be suitably re-located. (xv) DFO, Cuttack Forest Division may impose any other condition for protection and conservation of the flora and fauna in the forest area. (xvi) Prospecting activities within the PL area shall be subject to having valid lease. (xvii) District Profile of Jajpur district shall be furnished.
4. It is also imperative to mention here that the Ministry vide its letter no. 5-3/2007-FC dated 09.05.2018 issued a guideline for stipulating the norms for Survey and Investigation (Prospecting of ores) on forest land with direction that exempting large scale non-forest activities, such as drilling of 15 – 20 bore-holes / sq. km. for prospecting of minerals in forest areas, from the requirement of obtaining prior approval under the Forest (Conservation) Act, 1980 is not acceptable. The guideline dated 09.05.2018 further conveyed that: 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 58 | P a g e
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 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.
5. 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:
(i) Proposed area for diversion of forest land falls under Jaipur district of Odisha State and Calculated area of Mining lease is found 242.52 ha (ii) Simlipal Satkosia Tiger Corridor is located at a distance of 9.24 KM from prospecting lease boundary. (iii) Proposed area for diversion classified as Not-inviolate area based on Decision Rule No. 1 & 2. (iv) In view of the above facts related to the proposal may be placed before FAC in its forthcoming meeting scheduled to be held on 26.07.2018 for examination and appropriate recommendation. ****
Agenda No. 9 F. No. 7-27/2014-ROHQ Sub: Guidelines under Forest (Conservation) Act, 1980 for diversion of private forest land for construction of residential building-reg. The issue for allowing construction of residential or dwelling houses in private forest land located in areas falling under jurisdiction of the Mussoorie Dehradun Development Authority (MDDA) was discussed in FAC in its meeting held on 26.04.2018 and the Committee, after examination of the proposal and discussion with user agency, observed as below:
(i) MOEF vide letter dated 11th February 2011 stipulated guidelines for allowing construction of residential or dwelling houses in private forest land located in areas falling under jurisdiction of the Mussoorie Dehradun Development Authority (MDDA); (ii) These guidelines inter-alia provides that construction of residential houses in private forest / deemed forest in MDDA areas of Uttarakhand can be permitted on the following conditions:
a. Construction activity for residential purpose in private forest area shall be allowed only for domestic purposes and shall not be extended to any institutional building or commercial development. b. The constructional activities shall be restricted to a maximum of 250 sq. meter of built up area in each case.
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c. The construction of residential buildings in private forests is permitted in MDDA areas and other parts of Uttrakhand State only in order to alleviate hardship of homestead owners for constructing/completing their bona-fide residential building. d. Permission will be subject to: i. Tree felling should be minimum. ii. Sufficient soil conservation measures should be taken. iii. Permission of MDDA and other regulatory bodies for construction in hill areas shall be obtained. iv. Construction shall be in accordance with the master plan of Mussoorie /Doon valley Notification and other regulatory conditions imposed by other regulatory bodies. v. Building plan should be approved by MDDA. e. All other standard conditions required for such projects including planting of tree species and NPV.
(iii) Regional Office (North Central Zone), Dehradun was informed the MoEF that they have received applications seeking prior approval of Central Government under the FC Act for construction of residential or dwelling houses in private forest land located in areas falling under jurisdiction of MDDA. However, according to them, as per these guidelines, none of the applicants have been found to eligible for grant of the said permission. The reasons for the same are as below: a. The applicants are not homestead owners. b. The applicants are not local residents of Mussoorie. c. Permission can be granted only in those areas where slope is not more than 30 degree. But the factual position is that there would hardly be any forest land in Mussoorie which has slope less than 30 degree.
(iv) Regioal Office (North Central Zone), Dehradun has therefore, requested that the said guidelines may appropriately be amended.
(v) This issue was also considered by the Forest Advisory Committee in its meeting held on 22nd& 23rd September, 2014 and the FAC after detailed deliberations recommended that in supersession of this Ministry' letter No. L-UP/952/1996- FC-V dated 11.02.11 said guidelines may be amended to provide that para 4.5 of the said guideline may read as below:
a) Construction activity for residential purposes in private forest/ deemed forest area of MDDA shall be allowed only for domestic residential purposes and shall not be extended to any other type of buildings. b) The constructional activities shall be restricted to a maximum of 250 sq. meter of plinth area in each case. c) Persons who have resided in the area falling in municipal limit of Mussoorie for a minimum continuous period of two years and are/ were registered as voter in area falling in municipal limit of Mussoorie for election to Members of Lok Sabha, Legislative Assembly or Municipal Council may be treated as local resident of the Mussoorie; d) Permission for construction shall ordinarily not be allowed if the slope of the land is more than 30 degree. However, Regional Office, after being satisfied that proposed construction will geologically and structurally be stable/safe and is not likely to trigger landslide and consequent damage to itself and areas in its vicinity, may accord permission for construction even if the slope of land is more than 30 degree.’
(vi) Permission shall be given in such cases with the condition that: a. Tree felling should be minimum. b. Minimum soil cutting should be done. c. Sufficient soil conservation measures shall be taken by the land owner during and after construction period. d. Construction shall be in accordance with the master plan of Mussoorie /Doon valley Notification and other regulatory conditions imposed by other regulatory bodies.
(vii) The recommendation of FAC held on 22nd & 23rd September, 2014 was placed before competent authority for approval. This was further discussed by DG (Forest) and MEF and it was conveyed vide letter no. 7- 27/2014-RoHQ dated 09.09.2015 that this Ministry may continue with existing guidelines.
(viii) Meantime, various representation of different authorities was received in this Ministry, which is as follow: i. D.O. letter from Shri Vijay Bahuguna, Former Chief Minister, Uttarakhand dated 11.10.2016. ii. D. O. letter from Shri Dinesh Aggrawal, Minister, Forest and Wildlife, Uttrakhand dated 31.08.2016. iii. D. O. letter from Shri Ganesh Joshi, Member of Legislative Assemble, Vidhan Sabha, and Dehradun dated 17.03.2017. iv. D. O. letter from Shri Bhagat Singh Koshyari, Member of Parliament (Lok Sabha) (Ex. Chief Minister, Uttarakhand) dated 28.02.2017.
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(ix) In all the above D. O. references and representations of Shri Vinod Prakash Thapliyal, President, Mussoorie Estate Owners Association has been forwarded. Following issues has been highlighted in all the representations: a) Request to simplify the process and allowing owners of land in Notified Private Forest Estates, in Mussoorie, District Dehradun (Uttarakhand) to build residential houses under the guidelines issued by the MoEF&CC, vide Letter/G.O F.No. L-UP/952/1996-FC-V dated 11-02-2011. b) That under the said Guidelines dated 11.02.2011; provision is made to allow for reversion of Private Forest land to the extent of 250 sq. mtrs of plinth area to every ‘homestead’ owner of land, for residential purposes only. c) Word “HOMESTED” be deleted from para 3 of the above stated guidelines dated 11.02.2011, as the same seems to be alien in the Indian context, in order to protect the fundamental rights and interests of residents of Mussoorie.
(x) It is alleged in the representation that benefit was given to influential bureaucrats, politicians and large business houses. Later on the a different interpretation of the guidelines dated 11.2.11 proposals had been denied the permission on following grounds:
The applicants are not home stead owners:
A) The applicants are not local residents of Mussoorie B) Permission can be granted only in those areas where slope is not more than 30 degree. But the factual position is that there would hardly be any forest land in Mussoorie which has slope less than 30 degree.
2. RECOMMENDATION OF FAC on 26.04.2018: FAC after thorough deliberation and discussion with, APCCF, In- charge Regional Office, Dehradun observed that the matter is under discussion since long .It is a major policy decision which may have wider implications throughout the country. It is therefore recommended that: “A sub-committee of FAC under the chairmanship of PCCF Regional office Bhopal Dr. Tejender Singh IFS, shall be formed. Sh Sanjay Deshmukh FAC member, Smt. Kamlpreet IFS, in charge regional office, Dehradun and Sh Sandeep Sharma IFS Assistant Inspector General of Forests, MoEF&CC shall be the members of the committee. The committee will visit the area and deliberate with different stake holders. The committee shall recommend necessary amendments, if any, to the MoEF&CC guidelines dated 11.02.2011. The committee will submit this report within 15 days after approval of FAC minutes”. 3. Based on the recommendation of FAC on 26.04.2018, a Committee under the chairmanship of PCCF, Regional Office, Bhopal was constituted vide this Ministry’s letter dated 14.06.2018 for visiting the area and deliberate with different stakeholders on 19.06.2018 to 21.06.2018. The committee shall recommend necessary amendments, if any, to the MoEF&CC guidelines dated 11.02.2011. 4. The PCCF, Regional Office, Bhopal cum-Chairperson of the committee as constituted vide Ministry’s letter dated 14.06.2018 shall present the report before FAC on 26.07.2018. ****
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Shrawan Kumar Verma, DIG (FC) Agenda No. 1
File 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. Addl. Principle Chief Conservator of Forests (Land Management) and Nodal Officer, Forest (Conservation) Act, 1980, Government of Madhya Pradesh vise his letter dated 1st February 2007 submitted a proposal to obtain prior approval of the Central Government in terms of section-2 of the Forest (Conservation) Act, 1890 for diversion of 1283.570 ha of forests land in favour of Madhya Pradesh State Mining Corporation Ltd. for coal mining in Amelia Coal Block located in Singrauli District, Madhya Pradesh.
Timeline of the Proposal: 1. The proposal for the 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, was discussed in detail by the Forest Advisory Committee (FAC) on 9th August, 2007. 2. The proposal was submitted to the Hon’ble Supreme Court, and the Hon’ble Court has given directions on 20.02.2009 where ‘CEC had made certain observations and objections regarding diversion of 1283.57 ha of forest land (pg./9-10). 3. The entire matter was jointly re-considered by the CEC and MoEF. Thereafter, jointly submission was made by the CEC and MOEF(pg/23): a. That the recommendation of FAC may not be accepted. b. That the State of Madhya Pradesh/MPSMCL may be asked to cancel the MOU entered into with M/s Sainik Mining and Allied Service Limited (SMASL) and to invite fresh applications after giving wie publicity and laying transparent guidelines. 4. The MoEF vide letter dated 2nd March 2009 communicated to the Government of Madhya Pradesh inability of the Central Government to grant approval under FC Act for diversion of the said forest land. 5. The Principal Chief Conservator of Forests in his said letter dated 25.07.2012 informed that the forest land included in the said proposals falls in migration corridor of elephant. Non-forest land included in the applied land will result in fragmentation of elephant corridor, which will adversely affect breeding of elephant population. Details of the elephant corridor are provided in the working plan (pg/30). 6. The matter was placed before FAC on 29th – 30th April, 2014 along with site inspection report received from the Regional Office (Western Zone), Bhopal and additional information/documents received from the Government of Madhya Pradesh. 7. It came to notice that 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.
8. The FAC further recommended that the Regional Office (Western Zone) of the MoEF&CC, requested to inspect the forest land once again and submit a report to the Ministry. 9. The Regional Office (Western Zone), Bhopal has submitted the Site Inspection Report (SIR) vide their letter No. 6-MPA008/2007-BHO/237 dated 04/07/2018.
SITE INSPECTION REPORT OF 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.
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Background Note :
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.
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.”
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.
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.
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.
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.
Officers present during site inspection:-
1. Shri B. Abhay Bhaskar, DCF(C), R.O. Bhopal 2. The Field Staff of MP State Forest Department and THDC India Ltd.
Date of Inspection: 18th and 19th June 2018
1. Legal Status of Forest land proposed for diversion. a. Protected forest land : 119.21 ha b. Reserved forest land : 1063.00 ha c. Private Forest land : 2.00 ha d. Govt. Revenue land : 99.36 ha In addition to above 335.53 ha of revenue land also involved in the project.
2. How the land proposed for diversion is to be utilized? : Opencast mining project.
3. Whether the proposal involves any construction of buildings (including residential): No.
4. Total cost of Project. : Rs. 1166.60 crores (2007), present cost not submitted.
5. 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.
6. Aerial distance from the nearest boundary of any protected area: beyond 10 km of PA.
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7. 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.
8. Background note of the proposal:
It is mining project, specifically opencast mining project.
9. 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.
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: Applicable.
13. Cost benefit ratio: 1: 4.5 (2007) as per old guideline.
14. Utility of project: Opencast coal extraction.
15. Number of Scheduled Case and Scheduled Tribe involved in the Project: No.
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. Recommendation of Nodal officer and the State government: Recommended.
20. Details of comments of the APCCF (LM), MP: Recommended by APCCF (LM), MP.
21. 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.
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The following observations may be specifically looked in to while considering the project by FAC. 1. Document : a. Present cost of the project and C:B ratio as per revised guideline. b. FRA certificate in prescribed format from the concerned District Collector. c. Documents of CA land with scheme & total cost. d. The tree enumeration list is as per 2006-07. e. Status of FRA patta holder on the proposed forest land.
2. 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
3. Observations on CA land is give at point no 9 (above) may be seen. 4. 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. In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the FAC, in its meeting scheduled to be held on 26.07.2018. ****
Agenda No. 2
F. No. 8-48/2018-FC Sub: Proposal for diversion of 98.1004 ha. of forest land in favour of SJVN Limited, Bithal Shimla, for the construction of Luhri HEP Stage-I (219.00 MW), within the jurisdiction of Ani, Kotgarh and Rampur Forest Division, District Shimla &Kullu, Himachal Pradesh.-regarding. 1. The State Government of Himachal Pradesh, forest department vide their letter No. Ft.48-3369/2016 (FCA) dated 06th July, 2018 (Pg. 1-518/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 98.1004 ha. of forest land in favour of SJVN Limited, Bithal Shimla, for the construction of Luhri HEP Stage-I (219.00 MW), within the jurisdiction of Ani, Kotgarh and Rampur Forest Division, District Shimla &Kullu, Himachal Pradesh. 2. Details indicated in the proposal submitted by the Government of Himachal Pradesh dated 06.07.2018 are as below: FACT SHEET
1. Name of the Proposal Proposal for diversion of 98.1004 ha. of forest land in favour of SJVN Limited, Bithal Shimla, for the construction of Luhri HEP Stage-I (219.00 MW), within the jurisdiction of Ani, Kotgarh and Rampur Forest Division, District Shimla &Kullu, Himachal Pradesh. 2. Location: (i) State Himachal Pradesh.
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(ii) District Shimla, Kullu. (iii) Category Hydel. (iv) Total period for which the forest land is 50 proposed to be diverted (in year). 3. Detail of user agency (i) Name of the user agency Luhri Hydro Electric Project, SJVN Limited. (ii) Nature of user agency Central PSU. 4. Particular of Forests (i) Name of Forest Division Rampur = 53.9669 ha. Kotgarh = 0.9038 ha. Ani at Luhri = 43.2297 ha. Total = 98.1004 ha. (ii) Area of Forest land for Diversion 98.1004 Ha. (iii) Legal Status of Forest land Unclassed Forests = 53.9669 ha. Protected Forest = 0.9038 ha. Unclassed Forests = 43.2297 ha. Total = 98.1004 ha.
(i) Rampur Forest Division, District Shimla (53.9669 ha).
Density of Vegetation Area = 53.9669 Ha. Density = 0.016 Eco class = 6 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 Not Given scale showing the area proposed for diversion iv. Survey of India toposheet on 1:50,000 Not given. scale showing the area identified for CA v. Digital Land use map Pg. 466/c. vi. Layout plan Pg. 20/c. vii. 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. 247-332/C). ii. Density 0.016 iii. Number of trees to be felled 703 iv. Working plan prescription for the forest Plantation (Overlapping) working Circle. land proposed for diversion. 7. Vulnerability of area to soil erosion The area is not seriously eroded or is not much vulnerable to erosion. 8. Details of flora and fauna present in and Flora: Morus alba (Toot), Pinus roxburghii (Chir), around the forest land proposed for diversion; Prunus armenniaca (Chulli), Prunus persica (Aaroo), Pyrus pashia (Kainth), Taxus baccata (Thuna), Fauna: Wolf (Canispallips), India Fox (Vulpesbengalensis), Indian porcupine (Hystrix indica), Brown flying squirrel (Peeromyspetaurista), Monkey (Macac malatta), Jackal (Canis aureus), Hill mouse (Mosho mourus), Cheer pheasant (Catreus wallichii), Chakor partridge (Alectoris graeca) & House crow (Corvus splendens). 66 | P a g e
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 -No- Warden 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 -No- competent 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 The Compensatory Afforestation proposed in forest area identified for compensatory degraded forest land / non – forest land i.e. 108.00 ha. Afforestation, its distance from adjoining in lieu of 53.9669 ha of forest land for plantation in forest, number of patches, size of each Shimla district village Deotan, Taprog, Duttnagar, patch. Majhali, Ruhan, Doi, Nawaroo &Delath. The CA ii. Map showing non-forest/ degraded scheme with the provisions of the maintenance for 10 forest area identified for compensatory years has been submitted and a copy of the same is Afforestation and adjoining forest available at page 359-363/c. boundaries. iii. Detailed compensatory Afforestation scheme including species to be planted, District – Shimla implementing Agency, time schedule, Area – 108 ha.in lieu of 53.9669 ha. of forest land. cost structure etc. Village – Deotan, Taprog, Duttnagar, Majhali, Ruhan, Doi, Nawaroo&Delath. Compartment / Survey No. – H43F11.
iv. Total financial outlay for compensatory Rs. 24624073/. 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. 365/c). by the concerned Deputy Conservatory of Forests. 16. Documentary evidence in support of settlement The District Collector, Shimla, Government of of rights in accordance with the provisions of Himachal Pradesh has issued a FRA certificate vide his the Scheduled Tribes and Other Traditional letter No. SML –SR(SR)(57)/2016-1575 dated Forest Dwellers (Recognition of Forest Rights) 27.07.2017 (Pg. 229/c) certifying the information in Act, 2006 on the forest land proposed to be respect of all clauses of the MoEF’s advisory dated diverted enclosed. 05.07.2013 i.e. diversion of 53.9669 ha. forest land for facilities managed by the Government and safeguarding the rights of Primitive Tribal Group and
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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 Bithal Tehsil Rampur District Shimla. 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. 229-238/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, Rampur, Himachal Pradesh, stipulated in the col. 7 (xi, xii) 8 and 9 previous copy of the same may kindly be seen at (Pg. 335/c). approval. 18. Whether the project requires environment The user agency has obtained the Environment clearance. Clearance under the Environment (Protection) Act, 1986 (TOR) vide this Ministry’s F. No. J- 12011/18/2015-IA-I dated 21.12.2015 copy of the same is placed in the file at (Pg. 391/c). 19. Status of Wildlife clearance. Wildlife Clearance is not required. 20. Catchment Area Treatment Plan It is reported that the work is under process for CAT plan. (Pg. 426/c). However, the approved CAT plan has not been submitted with estimate cost by State Government / user agency. 21. Total command area of the project It is reported by the by the User Agency in the form of part-I the Command area of the project 149.0716 ha. 22. Installed power generation capacity of the 210 Project (in MW) 23. Rehabilitation of Oustee Yes (i) Number of SC Families 4 (ii) Number of ST families Nil (iii) Number of Other Families 6 (iv) Copies of R&R Plan The State Government has submitted the Copy of R & R plan. The approved Copy from the Competent authority of the same is required before Stage-II with estimated cost of the CAT plan. 24. Cost Benefit Analysis Cost benefit ratio of project is 1483.577 Cost benefits Analysis report is placed in the file may kindly be seen at (Pg.453-455/c). 25. Total Cost of the project Rupees 220834/- Lakhs.(Pg. 503/c) 26. Employment Potential Regular Employment = 200 Temporary Employment = 4140000 (Pg. 508/c). 27. Undertakings to bear the cost of CA and NPV (Pg. 199-204/c). 28. Profile of the District Shimla (i) Geographical Area of the Dist. 129848 Ha. (ii) Total Forest Area 40372.76 Ha. (iii) Total area diverted since 1980 Area 683.917 ha. Number of case - 88 (iv) Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 1606.26 ha. Non-forest land ---- ha (v) Total area afforested since 31.12.2017 Degraded forest land ---- ha Forest land 1576.95 ha. Non-forest land 0.00 ha.
(ii) Kotgarh Forest Division, District Shimla (0.9038 ha)
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Density of Vegetation Area = 0.9038 Ha. Density = 0.1 Eco class = 6 29. 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. 282/C). ii. Density 0.1 iii. Number of trees to be felled 17 iv. Working plan prescription for the forest DPF Bhera C-147 DPF Rewali C-139 is prescribed land proposed for diversion. for Chil Working circle as per working plan. 30. Vulnerability of area to soil erosion Nop danger of soil erosion within the proposed land. 31. Details of wildlife present in and around the No wildlife present around the proposed forest land. forest land proposed for diversion; 32. Approximate distance of proposed site for diversion from boundary of forest. -10m- 33. 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 -No- Warden to be annexed) 34. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -No- thereof. 35. 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. 36. 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- 37. 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. 38. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded The Compensatory Afforestation proposed is forest area identified for compensatory degraded forest land / non – forest land is identified in Afforestation, its distance from adjoining Ani Forest Division. 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, implementing Agency, time schedule, cost structure etc.
iv. 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 69 | P a g e
management point of view. To be signed Afforestation copy of the same is available in the and by the concerned Deputy Conservatory the same is available at (Pg. 364/c). of Forests. 39. Documentary evidence in support of settlement The District Collector, Shimla, Government of of rights in accordance with the provisions of Himachal Pradesh has issued a FRA certificate vide his the Scheduled Tribes and Other Traditional letter No. SML –SR(SR)(57)/2016-1576 dated Forest Dwellers (Recognition of Forest Rights) 27.07.2017 (Pg. 239/c) certifying the information in Act, 2006 on the forest land proposed to be respect of all clauses of the MoEF’s advisory dated diverted enclosed. 05.07.2013 i.e. diversion of 0.9038 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 Bithal Tehsil Kumarsain District Shimla. 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. 239-246/c). 40. Site Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Officer in compliance to the conditions Divisional Forest Officer, Rampur, Himachal Pradesh, stipulated in the col. 7 (xi, xii) 8 and 9 previous copy of the same may kindly be seen at (Pg. 334/c). approval. 41. Profile of the District Shimla (i) Geographical Area of the Dist. 129848 Ha. (ii) Total Forest Area 13079.28 Ha. (iii) Total area diverted since 1980 Area 33.52.73 ha. Number of case –30 (iv) Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 75.90 ha. Non-forest land ---- ha (v) Total area afforested since 31.03.2018 Degraded forest land ---- ha Forest land 73.40 ha. Non-forest land 0.00 ha.
(iii) Ani at Luhri Forest Division, District Kullu (43.2297 ha).
Density of Vegetation Area = 43.2297 Ha. Density = 0.1 Eco class = 6 42. 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. 356-358/C). ii. Density 0.1 iii. Number of trees to be felled 5770 iv. Working plan prescription for the forest Since the working plan of Ani Forest division has land proposed for diversion. been expired on 31.03.2015 and new working plan is under progress, so as per old working plan the area falls in improvement working circle 12/C.1.F. 43. Vulnerability of area to soil erosion The area is not seriously eroded or is not much vulnerable to erosion. 44. Details of wildlife present in and around the Leopard, Jungle, fowl etc. forest land proposed for diversion;
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45. Approximate distance of proposed site for diversion from boundary of forest. -3Km- 46. 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 -No- Warden to be annexed) 47. Whether any rare/ endangered/ unique species of flora and fauna found in the area if so, details -No- thereof. 48. 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. 49. 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- 50. 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. 51. Details of Compensatory Afforestation Scheme: i. Details of non-forest area/ degraded The Compensatory Afforestation proposed is forest area identified for compensatory degraded forest land / non – forest land:- UPF Afforestation, its distance from adjoining Fanouti = 60 ha., UPF Kamand = 6 ha. UPF Renus = forest, number of patches, size of each 6 ha. and UPF Shush = 28 ha. Total = 100 ha. patch. (Pg. 356-358/c).
ii. Map showing non-forest/ degraded Map is given. forest area identified for compensatory Afforestation and adjoining forest boundaries. iii. Detailed compensatory Afforestation Not Given scheme including species to be planted, implementing Agency, time schedule, cost structure etc. iv. 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. 364/c). by the concerned Deputy Conservatory of Forests. v. Total financial outlay for compensatory Rs. 201.78415 lakhs Afforestation scheme. 52. Documentary evidence in support of settlement The District Collector, Kullu, Government of of rights in accordance with the provisions of Himachal Pradesh has issued a FRA certificates copy the Scheduled Tribes and Other Traditional of the same is placed in the file with the documentary Forest Dwellers (Recognition of Forest Rights) evidences at (Pg. 205-228/c). Act, 2006 on the forest land proposed to be diverted enclosed.
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53. Site Inspection Report of the Divisional Forest The Site Inspection Report carried out by the Officer in compliance to the conditions Divisional Forest Officer, Ani, Himachal Pradesh, stipulated in the col. 7 (xi, xii) 8 and 9 previous copy of the same may kindly be seen at (Pg. 333/c). approval. 54. Profile of the District Kullu (i) Geographical Area of the Dist. 71500 Ha. (ii) Total Forest Area 53502.36 Ha. (iii) Total area diverted since 1980 Area 300.2551 ha. Number of case – 90 (iv) Total area proposed for afforested since 1980 Degraded forest land ---- ha Penal CA over Forest land 602.297 ha. Non-forest land ---- ha (v) Total area afforested since 31.03.2017 Degraded forest land ---- ha Forest land 575.744 ha. Non-forest land 0.00 ha.
55. Recommendation with Specific conditions, (if any) DFO, Ani Forest Division Recommended. (at page no. 10-11/c ) DFO, Kotgarh Forest Division Recommended. (at page no. 13/c ) DFO, Rampur Forest Division Recommended. (at page no. 14-15/c ) CF Recommended. (at page no. 15(a-b)/c ) PCCF/ Nodal Officer (FCA) Recommended. (at page no. 15(c)/c ) State Govt. Recommended. (at page no. 15(d)/c ) 3. The State Government of Himachal Pradesh vide its letter dated 06.07.2018 submitted following additional information pertaining to the proposal: (i) Purpose wise breakup of forest land proposed for diversion has been given by the project proponent details are given as under: S. No. Component Forest land (ha.) 1. Reservoir including river area 63.5287 2. Dam complex and Power house 13.8682 3. Quary sites 5.9807 4. Dumping sites 0.9038 5. Underground National area 2.4698 6. Road, Bridges and Job facilities (including office) 11.3492 Total area 98.1004 (ii) The land proposed to be diverted forms a part of UPF and DPF, which falls under the jurisdiction of Ani, Kotgarh& Rampur Forest Division, District Shimla &Kullu, Himachal Pradesh. In all 1508 trees and 5000 saplings of different species are standing over the forest land proposed for diversion. (iii) The Compensatory Afforestation scheme has been proposed over 208 ha degraded forest land in an identified land bank. (iv) The Dy. Commissioner, Shimla & Kullu Government of Himachal Pradesh vide his letter No. SML-SR (57)/2012/1739 dated 08th December, 2017 and 04.05.2017 has been given the NON AVAILABILITY OF NON-FOREST LAND CERTIFICATE, It is certified that no suitable alternative Non-forest land is available for the C/o Luri HEP Stage-I Tehsil Rampur District Shimla, Himachal Pradesh, and diversion of forest land measuring 54.8707 ha. is essential which cannot be avoided. Copy of the same is placed in the file at (Pg. 190- 194/c). (v) The State Government should submit the complete FRA certificate in prescribed format as per the Ministry of Environment Forest & Climate Change, Government of India’s letter no. 11-9/98-FC (pt.) dated 3rd August 2009. (vi) Specific conditions were laid down by the members of Gram Sabha, which should be resolved before grant of Stage-II approval (pg. 368-376). In view of the above facts related to the proposal, it is proposed that proposal may be submitted to the FAC, in its meeting scheduled to be held on 26.07.2018. **** 72 | P a g e
Sandeep Sharma, AIGF (FC) Additional Agenda No. 1 F. No. 8-95/2012-FC (Vol.) Sub: Diversion of 22.549 ha of Forest land for Public Utility infrastructure to the Rehabilitation of Project Affected Persons (PAPs) of Navi Mumbai International Airport at Pushpaknagar of Village- Dapoli, Tal.- Panvel, Dist. Raigad, Maharashtra - regarding. 1. Government of Maharashtra vide their letter No. FLD-1318/CR-193/F-10 dated 20.06.2018(Pg. submitted a proposal for seeking diversion of 22.549 ha of Forest land for Public Utility infrastructure to the Rehabilitation of Project Affected Persons (PAPs) of Navi Mumbai International Airport at Pushpaknagar of Village- Dapoli, Tal.- Panvel, Dist. Raigad, Maharashtra. 2. Facts related to the proposal as contained in the State Government’s letter dated 20.06.2018 is summarized below in form of a factsheet: FACT SHEET 1. Name of the Proposal Diversion of 22.549 ha of Forest land for Public Utility infrastructure to the Rehabilitation of Project Affected Persons (PAPs) of Navi Mumbai International Airport at Pushpaknagar of Village- Dapoli, Tal.- Panvel, Dist. Raigad, Maharashtra. 2. Location (i) State Maharashtra (ii) District Raigad
3. Particulars of Forests: (i) Name of Forest Division and Alibag Forest Division Forest area involved. 22.5490 ha
(ii) Legal status/Sy.No. Reserved Forest, Protected Forest and Deemed Reserved Forest. RF 3.410 For public utility I. e road, garden/ PF 10.580 play ground, social infrastructure and Deemed RF 8.559 water supply project Total 22.549
(iii) Map Enclosed (pg. 247-255/c). 4. Topography of the area -
5. (i) Geology - (ii) Vulnerability to erosion The major part of proposed forest area falls in improvement working circle of sanctioned draft working plan. Since the area is covered with bushy vegetation and rocks, the area has gentle slope hence, sensitivity to run off is low. 6. (i) Density Below 0.1
(ii) No. of trees to be felled It is indicated in the part-II that area is devoid of tree growth. 7. Whether forms part of National park, No Wildlife 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 No fauna are found in the area. If so details thereof 9. Approximate distance of the proposed The distance of proposed site from forest land boundary varies from site for diversion from boundary of 0 to 100 m. forest.
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10. Aerial distance from the nearest 7.3 Km. Karanala Bird Sanctuary. The area is not included in the boundary of any Protected Area. ESZ of karnal bird Sanctuary notified vide S. O. 230(E) , dated 22.01.2016 by the MoEF&CC (pg. 41/c) 11. Whether any protected archaeological/ No heritage site/defence establishment or any other important monuments is located in the area. 12. Whether any work of in violation of No the Forest (Conservation) Act, 1980 has been carried out (Yes/No). If yes details of the same including period of work done, action taken on erring officials. Whether work in violation is still in progress. 13. Whether the requirement of forest land Yes, demand of the required forest land as proposed is unavoidable as proposed by the user agency in col. and barest minimum demand for the project. 2 of Part-I is unavoidable and barest minimum for the project, if no recommended area item-wise with details of alternatives examined. 14. Whether clearance under the Yes, the Environment Clearance is awarded vide letter no. SEAC- Environment (protection) Act, 1986 is 2015/CR-151/TC-1 Mumbai dated 05.11.2015 (pg-9/c) required? 15. Compensatory Afforestation Compensatory afforestation has been proposed over equivalent non- forest land. (i) Details of non-forest An area of 22.5490 ha of non-forest land has been proposed by User area/degraded forest area agency in village Karivane S. No. 21/2 area 12.500 ha and at village identified for CA, its distance from Temghar adjoining forest, number of S.No. 57/1 area 10.049 ha total 22.5490 ha of Taluka Roha in Roha patches, sixe of each patches. forest Division. (ii) Map showing non-forest/degraded Enclosed. forest area identified for CA and adjoining Forest boundaries. (iii) Detailed CA scheme including Work structure for CA on works in zone II & III Heavy Rain Fall species to be planted, Area 22.5490 ha (12.500 ha & 10.049 ha) instead of detailed CA implementing agency, time scheme is given and placed in file at pg. 71-92/c schedule, cost structure, etc. (iv) Total financial outlay for CA Total financial outlay for CA scheme is Rs. 79,82,272/- (pg. 13/c). (v) Certificate from the competent Yes, certificate of non-forest land suitable for Compensatory authority regarding suitability of plantation is given and placed in file at pg. 26/c the area identified for CA and from management point of view. 16. Rehabilitation of Oustees
a) No of families involved No families are involved in displacement due to proposed project b) Category of families (Pg. 9/.c) c) Details of rehabilitation plan 17. Cost Benefit analysis It is not given stating that not require since the project is rehabilitation township project . 18. Total Cost of the Project Rs.56000 lacs 19. Employment to be generated Before initiation of Project = 2250 man-days After the project starts = 37500 man-days Total = 60000 Man-days 20. Specific recommendation of the DCF This project is for public utility infrastructure for the rehabilitation of PAPs under Navi Mumbai International Airport. This Airport project is of National interest, hence the proposal is being recommended for approval for diversion of the required forest land. 21. Recommendation i. DFO Yes (Pg. 12-14/c) with SIR (Pg. 40-43/c) ii. CCF Yes (pg. 15/c)
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iii. Nodal Officer/APCCF Yes(Pg. 16/c) iv SG Yes (pg. 17/c) 22. District Profile (i) Total Geographical area of the 7152 Sq. Km district
(ii) Total Forest area/Divisional 1647.68 Sq. Km Forest area
(iii) Total area diverted No. 83 cases – area diverted 1201.2919 ha. since 1980
(iv) Total CA stipulated since 1980 Forest Land 2113.0954 ha (Forest land) Non Forest Land 367.4640 ha Total 2433.5594 ha
(v) Progress of CA made so far Forest Land 2066.0954 ha Non Forest Land 367.4640 ha Total 2433.5594 ha
3. The Principal Chief Conservator of Forest (HoFF), Maharashtra State, Nagpur has recommended the proposal for approval under Section -2(ii) of the Forest (Conservation) Act 1980 subject to the following conditions:
(i) The legal status of the land required will remain unchanged. (ii) CA will be raised at the cost of the user Agency on 22.5490 ha non- forest land made available by the user agency. (12.500 ha non-forest land in sur No. 21/2 at vo;;age larovame. Amd 10.049 ha at Vill-Temghar, Tal- Roha, Distt. Raigad). (iii) The applicant will defray the cost of Net Present Value of 22.5490 ha of forest land as per the latest Guideline of Government of India. (iv) The user Agency will defray the additional/revised cost of Net Present value of Forest land as per the latest Guideline of Government of India. (v) The forest land shall not be used for any purposes other than specified in the project. (vi) The User Agency will abide by the provisions of Coastal Regulation Zone (CRZ) Notification of GoI, If required. (vii) Public utility infrastructure for the rehabilitation of project affected families shall be done by the User Agency as per the policy (viii) The User Agency will defray the cost of removal of 406 trees in the area. However, only the required and minimum number of trees will be felled. In situations where felling of trees is avoidable and such trees could be transplanted, all efforts to transplant such trees at a pre-designated site will be taken and additional expenditure, if any, in such cases shall be at the cost of the user Agency. (ix) The agency will pay the cost of survey, demarcation and defray the cost barbed wire fencing of CA land and fulltime Chaukidar for CA. (x) As recommended by DCF, Alibag,:- a. The UA will needs to be lock forest land along patch No. 1, 2, 3, & 4 and two survey nos 124 and 128 against encroachment by construction of Compound wall at the cost of project Authority. b. Project Authority has to provide residential quarters and office space for Urab Range Office, at their own cost. c. 10 fire blower machines and 10 grass cutter machines are required for fire protection purpose of surrounding forest area. (xi) No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work. (xii) It will be the responsibility of the User Agency to ensure that the labourers, staffs engaged in construction / Laying activity do not damage nearby forest flora and fauna. (xiii) The Project Authority will raise road-side plantation on both sides of the roads in proposed project. (xiv) All other conditions as may be mandatory under relevant acts, Rules and guideline shall be complied with by the user Agency. (xv) All necessary approvals required for the project as per prevailing laws of the land would be obtained by the User Agency before statutory sanction.
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4. The State Govt. Maharashtra in their forwarding letter dated 20.06.2018 mentioned that the total area of the Pushpaknagar project is 221.296 ha. The proposed forest land to be diverted for this project is 22.549 ha. The Project Authority previously submitted a proposal for diversion of forest land for rehabilitation of Pap’s of Navi Mumbai International Airport, which was submitted and during the meeting of FAC held on 12.07.2016, it was denied in the present from as intimated, vide AIGF, MoEF&CC’s letter No.FC– II/MH-16/2015-NGP dated 08.08.2016. Therefore the project Authority re-plans the area excluding the rehabilitation of the people on the forest land. The public utility infrastructure is proposed on forest area i.e. Road, project involves 22.5490 ha forest land. The public utility infrastructure is proposed on forest area i.e. Road, Garden/Play Ground, Social Infrastructure, Public Utility and Water Supply Project. This project involves 22.5490 ha forest land. The project is part of Navi Mumbai International Airport Project, which is essential for infrastructure development and is of National interest. Project Authority is ready to bear the all Government levies. Therefore the Project Authority has submitted the proposal for diversion of 22.5490 ha forest land under section 2 (ii) of forest (Conservation) Act, 1980.
Deputy Conservator of Forests, Alibag has certified that no suitable alternate non -forest land is available other than proposed for project and demand for the required forest land is lowest minimum demand.
There are 406 trees of various species and girth class in the area proposed for diversion. DCF Alibag certified that there is no violation of FCA, 1980 or its guidelines in the present project. The DCF Alibag has certified that the proposed project is within 10 Km of the boundaries of the protected area and not included in the Eco-Sensitive zone of the sanctuary and the proposed project is not likely to affect any monuments site of cultural, historical, religious, archaeological or recreational importance.The area involved does not form part of any e3xisting National Park, Wildlife sanctuary and Nature Reserve etc.
The DCF, Roha has certified that 12.500 ha. non- forest land in Sur No. 21/2 at village karivane, and 10.049 ha at Vill- Temghar, Tal-Roha, Distt-Raigad proposed for alternative CA is not included in the area as forest as identified by expert committee appointed under the judgment of the Hon’ble Supreme Court order dated 12.12.1996 and also not acquired under the provisions of Private Forest (Acquisition) Act,1975 by virtue of application of Section 35 of the Indian Forest Act 1927 and is not recognized deemed reserved forest.The DCF, Roha has certified that 12.500 ha non- forest land in Sur No. 21/2 at village Karivane, and 10.049 ha at Vill-Temghar, Tal-Roha, Distt-Raigad proposed for alternative CA is contiguous, suitable for afforestation and Management purpose and also it is free from encroachment and an encumbrances CA Scheme is submitted.
It is further informed by the State Govt. that the user Agency has certified that the diversion proposal is for raising public utilities for rehabilitation of PAPs of NMIA at Pushparknagar township project area with an area 22.549 ha is outside the Scheduled Tribe area. 5. It is imperative to mention here that earlier the proposal for diversion of 22.5490 ha of Reserved Protected and Restored (Private Forest) land in favor of CIDCO for rehabilitation of Project affected persons(PAP’s) on Navi Mumbai International Airport at Pushpaknagar of Village Dapoli, Tehsil Parvel, District Raigad, Maharashtra was sent to Regional Office, Nagpur by the Government of Maharashtra vide their letter FLD-1315/CR-281/F-10 dated 09/09/2015, which was placed before the Regional Empowered Committee (REC) in its meeting held 30.03.2016 at Regional Office (WCZ), Nagpur. After detailed examination and discussion on the proposal and also interaction with the user agency, the REC recommended that instant proposal is linked to the proposal of Navi Mumbai International Airport for which approval under the Forest (Conservation) Act, 1980 was accorded by the MoEF&CC, New Delhi vide letter number 8- 95/2012-FC dated 17.12.2013 for diversion of 250.0635 ha of forest land in favour of General Manger (Airport) CIDCO Ltd., Navi Mumbai for Establishment of Navi Mumbai international Airport in Alibag Forest Division in District Raigad of Maharashtra.
Accordingly, the said proposal was placed before FAC in its meeting held on 12.07.2016 and the FAC had observed that no alternatives were examined by the State Government. The CIDCO has prepared layout plan for the rehabilitation of PAP covering three locations at Vadghar, Vahal and Pushkar. Out of the three sites, at later stage it was noticed that rehabilitation site at Pushkar, covering an area of 221.296 ha of area includes forest land also. Out of the total forest reported to be in patches, certain lands have legal status as Private Forest land while certain other land earlier under the possession of CIDCO has been utilized for CA in lieu of diversion of Hetavne Dam and Pipe line Project. The Committee was also noted that CIDCO has unauthorized possession of the Reserved Forests land of 10.614 ha, which now has been proposed for raising CA which amounts of violation of the Forest (Conservation) Act, 1980 and guidelines issued there under. The FAC further noted that the forest Conservation Division of the MoEF&CC, New Delhi had earlier accorded approval vide its letter number 8-95/2012 –FC dated 17.12.2013 for diversion of 250.0635 ha of forest land in favour of General Manager (Airport) CIDCO ltd., Navi Mumbai for establishment of Navi Mumbai international Airport in Alibag Forest Division in District Raigad of Maharashtra inter-alia stipulating the certain 76 | P a g e
conditions including “The State Government shall ensure that settlement of displaced people does not take place in the forest land. In future, user agency shall not submit any proposal for extension of the project or any other project ancillary/related to this project in the forest land between the present project site and Karnala Bird Sanctuary”.
The FAC, taking into consideration the above facts, in its meeting held on 12.07.2018 (F/X) after thorough deliberation recommended that the proposal is not agreed to, in the present form, and the same was communicated on 08.08.2016 (F/Y) to all concerned including State Govt. by this Ministry.
6. It is also mentioned here that Stage-II Clearance for diversion of 250.0635 ha of forest land in favour of General Manager (Airport), CIDCO Ltd., Navi Mumbai for establishment of Navi Mumbai International Airport in Alibag Forest Division in District Raigad of Maharashtra was granted on 24.04.2017 (F/Z) subject to certain conditions prescribed therein including:
(i) In future, user agency shall not submit any proposal for extension of project or any other project ancillary/related to this project in forest land falling in eco sensitive zone of Karnala bird sanctuary; (ii) The State Government shall ensure the complete compliance on settlement of rights, in terms of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, if any, on the forest land to be diverted and submit the documentary evidence as prescribed by this Ministry in its letter No. 11-9/1998-FC (pt.) dated 03.08.2009 read with 05.07.2013, in support thereof. The State Government shall accept the conditions put in Gram Sabha Resolution. The State Government shall provide undertaking to MoEF&CC, before commencement of work, that the State Government will comply with all provisions of FRA -2006 as specified by Ministry of tribal affairs. 7. The annual self-compliance report on the conditions including FRA as stipulated in Stage-II Clearance dated 24.04.2017 for diversion of 250.0635 ha of forest land in favour of General Manager (Airport), CIDCO Ltd., Navi Mumbai for establishment of Navi Mumbai International Airport in Alibag Forest Division in District Raigad of Maharashtra has not been received.
8. DSS Analysis: The instant proposal has also been analyzed by the DSS cell of this division and a copy of their report may kindly be seen at F/S. The major observations are:
i. Proposed area for diversion of forest land falls under Raygad district of Maharashtra State and Calculated area of forest land proposed for diversion is found 22.89 ha. Karnala Wildlife sanctuary is located at a distance of 7.60 Km from the proposed forest area for diversion. Proposed area for diversion classified as Not-inviolate Zone based on Decision Rule No. 1 & 2. ii. The CA has been proposed in two patches falling under Raygad district of Maharashtra state. The CA sites has been proposed over Non-Forest land, equal in extant to the forest land being diverted. The calculated area of total land proposed for CA is found 25.87 ha which is found correct as per the requirement. There is discrepancy observed in the location of CA sites KML file as uploaded over Forest clearance portal and KML of CA sites given in CD's which is received from the State Govt. and in this instant proposal, DSS analysis has been done over CA sites KML file which are uploaded over Forest Clearance portal.
In view of above, the facts of the above proposal may be placed before FAC in its forthcoming meeting to be held on 26.07.2018 for appropriate recommendation. ****
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Agenda No. 2 F. No. 8-119/96-FC (Pt.) & F. No. 8-39/2016-FC Sub.: Diversion of 24.446 ha of forest land in respect of Balda Block Iron ore Mines of M/s Serajuddin & Co under Keonjhar Forest Division in Odisha regarding extension validity of permission grated vide letter F.No.8-119/96-FC (pt) dated 12.03.2012 and diversion of 34.39 ha of sabik kisam forest land as on 25th October 1980 (treated as non-forest land in hal record) in addition to 24.446 ha of forest land already diverted out of total forest land of 302.402 ha (including sabik kisam forest land of 44.269 ha) within the ML area of 335.594 ha in Balda iron ore Mines of M/s Serajuddin & Co. in village Balda, Bada kalimati under Barbil Tahasil and village Nayagarh under Jhumpura Tahasil in Keonjhar district, Odisha.
1. This is regarding a proposal for extension validity of permission in connection with diversion of 24.446 ha of forest land in respect of Balda Block Iron ore Mines of M/s Serajuddin & Co under Keonjhar Forest Division in Odisha.The views of this Ministry to work over broken up DLC land of the leasehold area during the validity of the lease period was sought by the State Government of Odisha’s letter No. 10F(Cons) 208/2012-3404/F&E dated 24.02.2012 (Pg- 164-167/c) in connection with diversion of 24.446 ha of forest land in respect of Balda Block Iron ore Mines of M/s Serajuddin & Co under Keonjhar Forest Division in Odisha.
2. Keeping in view the facts that: (a) As per details provided in the State Government of Odisha’s said letter dated 24.02.2012- the user agency meets all the conditions enumerated/ stipulated by the CEC in para 15 (d)-(Pg.338/c) of their report dated 26.04.2010 (Pg.324-340 /c) and the further clarifications issued by the CEC vide their letter dated 7.7.2011 (Pg.194-195/c) addressed to the State Government of Odisha; (b) The Hon’ble Supreme Court after consideration of the CEC’s said report in its order dated 07.05.2010 inter-alia directed that recommendations of the CEC which are acceptable to the State Government can be complied with; and (c) As per the State Government of Odisha’s said letter dated 24.02.2012 (Pg.- 164-167/c), the State Government have accepted the said recommendations of the CEC, This Ministry vide its letter dated 12.03.2012 (Pg.208-209/c) informed that the State Government of Odisha allowed that the user agency may continue mining in the already broken DLC forest land till the expiry of the existing subsisting mining lease i.e. till 02.12.2017. In the referred letter dated 12.03.2012 of the Ministry, the State Government of Odisha was requested to submit an Action Taken Report (ATR) in respect of the illegalities committed by the user agency within the said mining lease. The State Government of Odisha was also informed to take action on following: i. Undertake compensatory afforestation over degraded forest land five times in extent to the 3.417 ha. area illegally utilized for mining and overburden dumping from the funds to be provided by the user agency. ii. Direct the user agency to immediately remove all encroachments from safety zone and rehabilitate/ afforest the area encroached in the safety zone by planting local/indigenous perennial plants. iii. Direct the user agency to ensure that gradient of the overburden dumps is suitable modified to bring it within the permissible limit. iv. Take appropriate action, as per the provisions of the Indian Forest Act, 1927 or the local forest Act for illegal felling of the four number sal trees by the user agency.
3. The Government of Odisha, Forest & Environment Department vide their letter no.10F(Cons.) 30/2014/22809/F & E dated 22.12.2015 (Pg.261-263/c) informed that the area involved in the instant mining lease are:
Total mining lease: 335.594 ha:
a. 258.133 ha of forest land (38.182 ha of forest land +219.951 ha. DLC forest land). b. 77.461 ha. Non-forest Government land.
It is further stated by the State Govt. in above referred letter dated 22.12.2015 that out of 219.951 ha of DLC forest land, 112.73 ha of DLC forest land was reportedly broken up in this lease in course of working of the mines and
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they sought clarification on the following in reference to para 4 of Ministry’s guidelines F.No.8-78/1996-FC(pt) dt. 10.3.2015, (Pg. 269-270/c) that all the lessees are to be allowed to work over broken up DLC land in their respective leases within subsisting lease period for a period of one year expiring 09.03.2016 subject to payment of NPV:
a. Whether mining operations over the broken up DLC land of 112.73 ha in Balda Iron ore Mines of lessee shall be allowed up to the end of the subsisting lease period i.e. up to 2.12.2017 as per the specific orders of MoEF vide letter F.No. 8-119/96-FC(pt) dt. 12.3.2012 Or
b. Mining operations over the broken up DLC land of 112.73 ha in Balda Iron Mines of lessees shall be allowed up to 9.3.2016 i.e up to end of the time period of one year from the date of issue of MoEF&CC guidelines vide letter F.No. 8-78/1996-FC(pt) dt. 10.3.2015. Or
c. Mining operations over the diverted forest land of 24.446 ha and broken up DLC land of 112.73 ha in Balda Iron ore Mines of lessee shall be allowed up to end of the lease period if extended by State Government as per amended provision of MMDR Act and MoEF&CC guidelines F.No.11-51/2015 dt.1.4.2015/ 1.5.2015.
4. The MoEF&CC vide its letter dated 10.03.2016 (Pg.342/c) clarified that the State Government that in the instant case, the Government of Odisha may act as per the recommendation in Central Empowered Committee Report (interim) in IA No. 2746-2748 of 2009 regarding the alleged mining in the lapsed/invalid mining leases/ areas in Odisha dated 26.04.2010 and subsequent order of Supreme Court dated 07.05.2010.
5. Further, Ministry vide its letter dated 05.05.2016 (Pg.342/c) clarified that the State Government of Odisha may allow the user agency to continue mining in the already broken DLC forest land till the expiry of the existing subsisting mining lease i.e. till 02.12.2017 as per the specific order issued by this Ministry vide letter of even dated 12.03.2012.In continuation of Ministry’s letter dated 12.03.2012, a subsequent reminder dated 05.05.2016 (Pg.342/c) was also sent to submit the ATR as mentioned in para (3) above.
6. Government of Odisha vide their letter no. 10F (Cons) 30/2014/11436/F&E dated 20.06.2016 (Received in Ministry on 14.12.2017: Pg-345-350/c) submitted their response on Ministry’s letter dated 12.03.2012. The details are as under:
S. No. Observation made by MoEF&CC Reply of State Government
1. Undertake compensatory afforestation In compliance to this condition, the State Government has over degraded forest land five times in reported that 17.085 ha (3.417 ha.X5) of degraded forest extent to the 3.417 ha. area illegally land was earlier identified in Basantapur RF (Block III) utilized for mining and overburden under Keonjhar Range of Keonjhar Forest Division for dumping from the funds to be provided raising penal compensatory afforestation. The Penal by the user agency; compensatory afforestation scheme prepared by the DFO, Keonjhar was technically approved by the CCF (Forest Diversion)) & Nodal Officer, FC Act then with a financial outlay of Rs. 17,48,000/-. The user agency, as per demand notice of DFO, Keonjhar, had also deposited Rs. 17,48,000/- in Adhoc-CAMPA Account in Union Bank of India, Sundarnagar Branch, New Delhi through RTGS on 19.5.2012 vide UTR No. SBINH12140324247.
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2. Direct the user agency to immediately In compliance to this condition, the State Government has remove all encroachments from safety reported that all encroachments from safety zone area zone and rehabilitate/ afforest the area have already been removed and the safety zone area encroached in the safety zone by between pillar no. 9 to 11 and 37 to 39 have been fenced planting local/indigenous perennial and planted with tall saplings of indigenous species such plants. as Jamun (Syzygium cumini), Sisoo (Dalbergiasissoo) etc.
3. Direct the user agency to ensure that In compliance to this condition, the State Government has gradient of the overburden damps is reported that the illegal OB dumps near Block C in DLC suitable modified to bring it within the forest land has been removed. The OB dumps have been permissible limit. modified and height of OB dumps in each case does not exceed 15 mt maintaining the angle of repose approximately to 28°. Besides, these OB dumps have been protected with retaining wall.
4. Take appropriate action, as per the In compliance to this condition, the State Government has provisions of the Indian Forest Act, reported that OR case No. 180 CH of 2011-12 (dt. 1927 or the local forest Act for illegal 10.10.2011) has been booked under provisions of Section felling of the four number sal trees by 37 of Orissa Forest Act. 1972. the user agency.
7. The State Government further reported that the Site Specific Wildlife Conservation Plan prepared for this mining project has been approved by PCCF (WL) & CWLW, Odisha with a financial forecast of Rs. 379.59 lakhs that includes Rs. 87.71 lakhs to be spent by the user agency for executing the approved components of the Plan within the project area and balance Rs. 291.88 lakhs to be spent by the DFO, Keonjhar for executing the approved component of Plan in the project impact area. The user agency has also reportedly deposited Rs. 291.88 lakhs in Adhoc-CAMPA Account in Union Bank of India, Sundarnagar Branch, New Delhi through RTGS on 20.02.2014 vide UTR No. SBINH14051323278.
8. It is also imperative to mention here that the user agency vide their letter dated 06.12.2017 (Pg-351-364/c) has given a representation stating that the MoEF&CC, GoI vide letter F. No. 8-119/1996-FC (pt) dated 5.05.2016 re- iterated that the State Government may allow the User agency to continue mining operation in already broken DLC forest land till the expiry of the existing lease i.e. till 2.12.2017 as per the specific order issued by the Ministry vide letter of even number dated 12.03.2012. Since the lease period is extended by virtue of MMDR Amendment Act,2015, the period of validity of approvals/permissions granted by MoEF&CC shall be deemed to have been extended upto a period co-terminus with the period of mining lease, i.e. 31.03.2020. It is also informed by the user agency that the NPV for the entire forest land falling within the mining lease area is already paid by the lessee to the tune of Rs.22,07,53,460/-. The lessee has earlier deposited Rs.18,84,37,090/- towards NPV.
9. With regard to deposition of fund under this project, the Adhoc CAMPA was requested on 02.04.2018 (Pg-361/c) to confirm the compensatory levies deposited under this project. DIG, Adhoc CAMPA confirmed vide his note no. 1-26/2014-CAMPA dated 12.04.2018 (Pg-262-363/c) the following levies in the account of Adhoc CAMPA:
S. No. Type of deposit Amount in Rs.
i. Penal Compensatory afforestation 17,48,000/-
ii. Wildlife Management Plan 1,44,30,542/-
iii. NPV 22,16,35,680/- iv. Any other Charges (Site Specific Wildlife Management 2,91,88,000/- Plan) Total 26,70,02,222/-
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10. It is also imperative to mention here that the State Government of Odisha vide their letter No. 10F (Cons) 125/2016/14738/F&E dated 09.08.2016 had submitted a proposal for diversion of 34.39 ha of sabik kisam forest land as on 25th October 1980 (treated as non-forest land in hal record) in addition to 24.446 ha of forest land already diverted out of total forest land of 302.402 ha (including sabik kisam forest land of 44.269 ha) within the ML area of 335.594 ha in Balda iron ore Mines of M/s Serajuddin & Co. in village Balda, Bada kalimati under Barbil Tahasil and village Nayagarh under Jhumpura Tahasil in Keonjhar district, Odisha.
The facts related to the proposal as contained in the State Government’s letter dated 09.08.2016 are given below in the form of fact sheet: FACT SHEET 1. Name of the Proposal Proposal for diversion of 34.39 ha of sabik kisam forest land as on 25th October 1980 (treated as non-forest land in hal record) in addition to 24.446 ha of forest land already diverted out of total forest land of 302.402 ha (including sabik kisam forest land of 44.269 ha ) within the ML area of 335.594 ha in Balda iron ore Mines of M/s Serajuddin & Co. in village Balda, Bada kalimati under Barbil Tahasil and village Nayagarh under Jhumpura Tahasil in Keonjhar district, Odisha
2. Location (i) State Odisha (ii) District Keonjhar 3. Particulars of Forests: (i) Name of Forest Division and Forest Keonjhar Forest Division 34.39 ha area involved.
(ii) Legal status/Sy.No. Non-Forest land recorded as forest as on 25.10.1980
(iii) Map i. SOI Toposheet Pg - 422/c ii. DGPS Map Pg - 423/c 4. Vulnerability to erosion Soil erosion is likely to increase following felling on the undulating topography. (pg- 50/c)
5. (i) Vegetation Sissoo, Sal, Pia Sala, Gambari, Kurum, Assan, Jamu, Kasi, Kendu, Kalikendu, Dhoura, Mango, Panas, etc. (Pg-352/c)
The applied area for diversion is situated adjacent to Baitarani (ii) Density Reserve Forest. Eco Value Class has been treated as “Eco Value Class-I” based on proximate location- Baitarani Reserved Forest and the canopy density has been considered at per with the prevailing vegetation depicted as “open mixed jungle mainly Sal” on concerned Toposheet and kept at 0.3 since the applied Non-Forest land recorded as Forest as on 25.10.1980 is broken/ used up to the extent of 23.808 ha.
(iii) No. of trees enumerated/to be actually 643 Nos of trees (Pg-352-353/c) felled 230 Nos of poles
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6. Whether forms part of National park, The applied area does not form part of National Park, Wildlife Wildlife Sanctuary, Biosphere Reserve, Sanctuary, Biosphere Reserve, Tiger Reserve, Elephant Tiger Reserve, Elephant Corridor, etc. (if Corridor etc. However, movement of wild elephants in the so, details of the area and comments of the adjoining forest can’t be ruled out Chief Wildlife Warden
7. Whether any RET species of flora and No rare or endangered species is available in the applied area fauna are found in the area. If so details for diversion, but elephant movement is often noticed in thereof adjoining forest. There is no archaeologically important monument situated in the area
8. Approximate distance of the proposed site 1.5 Km for diversion from boundary of forest.
9. Whether any protected archaeological/ No heritage site/defence establishment or any other important monuments is located in the area.
10. Whether any work of in violation of the Violation Committed in respect of the mining lease: Forest (Conservation) Act, 1980 has been 1. Illegal mining over 0.5 ha of DLC virgin forest land in carried out (Yes/No). If yes details of the Block- F between ML Pillar No. 4 to Pillar No. 8. same including period of work done, action 2. Unauthorised breaking of DLC forest land located in taken on erring officials. Whether work in Safety Zone over 0.1186 ha between boundary pillar No. violation is still in progress. 9 to 11 and pillar No. 37 to 39 adjoining Block- F. 3. Illegal dumping of Over Burden over 0.988 ha of DLC forest land adjoining Block – C. 4. Illegal mining over 0.207 ha of DLC virgin forest land in Block– D between ML Pillar No. 13 to Pillar No. 15. 5. Illegal mining over 0.522 ha of DLC virgin forest land adjoining Block– B. 6. Illicit felling of 20 nos. of Sal and Misc. poles of size 60 cm to 90 cm girth outside the mining lease within 20 meters of the lease boundary near ML pillar No. 9 and 10. 7. Un-scientific management of OB dumps with slope 270 to 450 and height greater than 30 mtrs in all the dumps. 8. Non-reclamation of mined out pits against the stipulated conditions of concurrent reclamation. 9. Non-demarcation of different categories of forest land i.e. Village Forest, DLC forest involved in the mining lease.
Action Taken One Forest Offence case has been booked against the user agency vide OR No.180CH of 2011-12.Prosecution has been sanctioned and submitted in the Court of JMFC, Barbil vide PR. No. 17 of 2012-13. The Case is sub-judice. Observation of Hon’ble Shah Commission and Action taken thereof Observation – The lessee had carried out mining activities in excess DLC forest area to the extent of 30.00 ha based on satellite imagery in the mining lease. Action taken –Field verification immediately after the Commission’s observation confirms the encroachment to the extent of 3.287 ha and the Collector, Keonjhar has been requested to take legal action deem proper vide letter No. 679
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dt. 30.01.2014 and No. 2233 dt. 31.03.2014. Action taken report is awaited
11. Whether the requirement of forest land as The forest land, submitted for approval under FC Act, 1980, is proposed by the user agency in col. 2 of in compliance with the guide line issued vide F. No. 8- Part-I is unavoidable and barest minimum 78/1996-FC (pt.) dated 10.03.2015 read with F. No. 8- for the project, if no recommended area 78/1996-FC (pt) dated 09.03.2016 of MoEF&CC, Govt of item-wise with details of alternatives India. Thus, the area applied for is a statutory requirement examined. under FC Act, 1980
12. Whether clearance under the Environment The User Agency has obtained Environmental Clearance for (protection) Act, 1986 is required? production of 15.15 Million ton of Iron ore in this mine from Govt. of India, MoEF vide their letter No. J-11015/18/2012- IA.II (M) dt. 19.11.2013 (Pg-59-68/c)
13. Compensatory Afforestation
(i) Details of non-forest area/degraded Details of Non-forest land- Non Forest land, equal in extent forest area identified for CA, its the forest land submitted for diversion over 34.39 ha under sec distance from adjoining forest, 2(ii) under FC Act, 1980, will be met from the identified and number of patches, sixe of each allotted non-forest Govt. land over 92.373 ha in village Tana patches. under BJP Range of Banspal tahasil in favour of Balda Iron ore mines of M/s serajuddin & Co. vide letter No. 1023/Rev dated 25.06.2009 of Collector, Keonjhar. Distance from adjoining forest – 1.0 K.m Number of Patches – One Size – 34.39 ha
(ii) Map showing non-forest/degraded Map enclosed. forest area identified for CA and adjoining forest boundaries. Pg- 205/c (iii) Detailed CA scheme including species CA scheme has been submitted by the State Government. CA to be planted, implementing agency, has been proposed over 34.39 ha (Pg-359-370/c) time schedule, cost structure, etc. (iv) Total financial outlay for CA Rs. 32,36,167/- (pg-370/-)
(v) Certificate from the competent Scan copy of suitability certificate as given is placed in file at authority regarding suitability of the page-358/c. This certificate is not signed by the respective area identified for CA and from DFO/DCF. However in SIR the DFO has certified that non- management point of view. forest Govt. land identified for CA is suitable for CA under ANR with gap model @ 400/ha.
14. Catchment Area Treatment NA
15. Rehabilitation of Oustees a) No of families involved Nil b) Category of families NA c) Details of rehabilitation plan NA
16. Employment likely to be generated a) Whether the project is likely to Yes (pg-44/c) generate employment b) Permanent/ Regular Employment 750 (Number of person) 1500 c) Temporary Employment (Number of person-days)
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17. Compliance of Scheduled Tribe and Other FRA compliance has not been submitted by the State Traditional Forest Dwellers (Recognition Government. of Forest Rights) Act, 2006
18. Site Inspection Report by DFO Site Inspection Report given by DFO is placed in file at Pg- 381-385/c. The DFO indicated several violations in their report. It is also mention by the DFO Keonjhar division that non-forest use of forest land without prior approval of the Central Govt. under Forest Conservation Act, 1980 and use of diverted forest land in diviation of the land use plan approved under FC Act, 1980 amounts to violation of the said Act. The instant proposal is submitted for approval under Sec 2 (ii) for non-forest use, as per the requirement of the lessee, in compliance with the guideline issued vide F. No. 8-78/1996- Fc (pt.) dt. 10.03.2016 read with F. No. 8-78/1996-FC (pt.) dt. 09.03.2016 of MoEF &CC, Govt. of India in respect of non- forest land recorded as forest as on 25.10.1980.
19. Cost Benefit Ratio 1:673.89 (pg-356/c)
20. Total Cost of the Project Rs 15000 (Rupees in lacs) (Pg-41/c)
21. Recommendation
DCF The instant proposal is submitted for approval under Sec 2 (ii) for non-forest use, as per the requirement of the lessee, in compliance with the guideline issued vide F. No. 8-78/1996- Fc (pt.) dt. 10.03.2016 read with F. No. 8-78/1996-FC (pt.) dt. 09.03.2016 of MoEF &CC, Govt. of India in respect of non- forest land recorded as forest as on 25.10.1980 (Pg-53/c)
RCCF May be considered for approval under section 2 (ii) Forest Conservation Act, 1980 (Pg-54/c)
PCCF Recommended (Pg-55/c)
SG Recommended (Pg-56/c)
22. District Profile (i) Total Geographical area of the district 830300.00 ha
(ii) Total Forest area/ Divisional Forest 336615.6293 ha area 10170.9705 ha (72 nos cases)
(iii) Total area diverted since 1980 C. A. 1669.6180 ha P. C. A. 4994.8675 ha (iv) Total CA stipulated since 1980 (Forest land) c. Forest land including penal CA d. Non Forest Land
(v) Progress of Compensatory C. A. 7247.793 ha Afforestation C. A. 1152.58 ha c. Forest land P. C. A. 2996.34 ha d. Non Forest land C. A. 5983.9016 ha
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The other information indicated in the forwarding letter by the Govt. of Odisha is as under:-
It is reported by the State Government that Balda Iron ore Mines of M/s Serajuddin & Co. is located in village Balda and Badakalimati of Barbil Tahasil & village Nayagarh of Jhumpura Tahasil of Keonjhar district within the jurisdiction of Champua Forest Range of Keonjhar Forest Division. Originally the mining lease was held by M/s Serajuddin & Co. for manganese ore from 01.11.46 to 17.08.1974. Subsequently, the mining lease for iron ore was granted on 17.11.1960 over 335.896ha in favour of M/s Serajuddin & Co.and lease deed was executed on 02.06.1962 for the period from 02.06.1962 to 02.12.1977. 1st RML application was filed over the same area of 335.896 ha by the Lessee on 25.11.1976,i.e. one year prior to the expiry of the subsisting lease. As reported by PCCF, Odisha,the validity of the 1st RML stood maintained till 01.12.1997 in pursuance of the order of Hon’ble High Court, Kolkata. The copy of the order of the Hon’ble High Court, Kolkata is enclosed as Annexure –IV(C) at page-226-231/DP. The 2nd RML application applied before one year of expiry of the 1st RML, has been granted for a period of 20 years with effect from 03.12.1997 to 02.12.2017 over 335.896 ha vide letter No. 1131/SM,III(A)SM-14/1998 dated 15.02.1999 of Deptt. of Steel and Mines, Govt. of Odisha. The copy of the said grant order is enclosed vide Annexure –IV atpage-13-14/DP, however lease deed was executed over a reduced area of 335.594 ha on 21.06.1999copy of which is enclosed as Annexure- IV(A), page-15-223/DP. As such validity of lease period during 2nd RML is up to 2.12.2017. No information is available regarding extension of lease period by the State Government in Steel & Mines Department for this lease as per amended provisions of MMDR Act, 2015.
The mining lease area granted/executed during 2nd RML period over 335.594 ha was having 38.182 ha of Village Forest and 297.412 ha of Non-Forest Land. Subsequently, non-forest area to an extent of 219.951 ha,was declared as DLC forest land out of total non-forest land of 297.412 hain ML in pursuance of the order of the Hon’ble Supreme Court dated 12.12.1996 in WP(C) No. 202/1995.Thus composition of ML area of 335.594ha. was revised to 258.133 ha of forest land (38.182 ha of Village Forest and 219.951 ha of DLC forest land) and balance 77.461 ha as non-forest land. During the 1st RML period, a proposal for diversion of 24.446ha. of forest land was forwarded to MoEF vide F&E Department letter No.23934/F&E Dt. 28.10.1996.The MoEF, GoI vie their letter No.8-119/96-FC dt. 11.12.1998 had accorded final forest clearance for 24.446ha. of forest land for a period of 10 years co-terminous with lease under MMDR Act, 1957. Present status of compliance of the conditions stipulated in the Stage-II forest clearance order is enclosed at page 313-317/c. On the request of the lessee, the State Forest Department vide its letter No.6165/F&E dt. 21.3.2009 recommended the application of the lessee to MoEF for extension of validity of forest clearance up to the end of lease period i.e. up to 2.12.2017.MoEF, GoI vide their letter F.No. 8-119/96-FC(pt) dt. 23.5.2009 conveyed their approval for extension of period of Forest clearance up to the end of lease period i.e. up to 2.12.2017 subject to fulfilment of conditions stipulated therein. Further in view that 112.73ha. of DLC forest land was found to be broken up in this mining lease, the relevant application of lessee was forwarded to MoEF vide letter No.3404/F&E Dt. 24.2.2012 for consideration as per recommendation of Central Empowered Committee. MoEF,GoI vide their letter No. 8-119/96-FC (pt) dt. 12.3.2012 also allowed the lessee to work over the broken up DLC land till the end of lease period.
Pursuant to MoEF&CC guidelines bearing No. 8-78/1996-FC(pt.) dt. 10.3.2015, out of the total non-forest area 77.461ha. in the ML as per Hal record, 44.269ha. was found to be of sabik kisam forest land as on 25.10.1980 and remaining 33.192ha. of non-forest land. After identification of Sabik Kisam forest land of 44.269 ha, the total forest land in the mining lease is 302.402 ha comprising of 38.182 ha of Village Forest , 219.951 ha of DLC forest land and 44.269ha. of sabik kisam forest land as on 25.10.1980. Detailed land schedule of the ML area as on 25.10.1980 duly certified by Tahasildars of Barbil is at page 266-273/DP. As directed by MoEF&CC, GoI, user agency has now filed forest diversion proposal for 34.39ha. of sabik kisam forest land out of total sabik kisam forest land of 44.269ha. which is under use for various mining activities including Mining with haul road, waste dump, Sub-grade Stacking, camp area, Screening & Crushing plants premises and so on. The 44.269 ha of Sabik Kisam forest land includes 6.31 ha of Safety Zone area. This proposal is now under process for obtaining approval of MoEF&CC, Government of India under Section 2(ii) of FC Act, 1980.
As forest clearance for 24.446ha. of forest land is available for this existing lease, approval under Section 2(iii) of FC Act, 1980 of MoEF&CC, GoI is available for remaining undiverted 13.736 (38.182-24.446) haVillage Forest , 219.951 ha of DLC forest land and 44.269ha. of sabik kisam forest land as on 25.10.1980 as per general approval order of MoEF&CC vide letter F.No.11-599/2014-FC dt. 1.4.2015 as the lessee has deposited NPV amount for entire forest area of 302.402 ha.
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Maps- The user agency has furnished the following maps:
SL. Particulars Scale Plate No No
1 SoI Topo map No. 73G/5 showing Mining Lease / 1:50000 I adjoining mining leases
2 Geo-referenced Map of Mining Lease duly verified by 1:4000 II ORSAC and authenticated by DFO, Keonjhar 3 Geo-referenced Map of Mining Lease showing the entire 1:4000 II(A) forest land including non-forest land recorded as forestas on 25.10.1980
4 Original Lease Plan 16”=1 mile III
5 Lease Plan of 2nd RML 16”=1 mile III(A)
6 Lease Plan Showing Different Categories of Forest & Non- 16”=1 mile III (B) Forest
7 Approved Land use Plan under FC Act, 1980 1:4000 IV
8 Present Land Use Plan 1:4000 IV(A)
9 Proposed Land use Plan in respect of applied forest area 1:4000 V
10 Safety zone Plan 1:4000 VI
11 Geological plan approved by IBM 1:2000 VII
12 Phased reclamation & afforestation Plan 1:4000 VIII
13 Method of reclamation Plan Not to Scale VIII (a,b,c)
14 Non Forest land for Compensatory Afforestation. 1:4000 IX 15 Topo Map Showing the Location of NF land for 1:50000 IX(A) Compensatory Afforestation
16 Treatment Plan in Non-Forest Govt. land for CA 1:2000 IX(B)
Forest Land: After identification of Sabik Kisam forest land of 44.269 ha, the total forest land in the mining lease is 302.402 ha comprising of 38.182 ha of Village Forest , 219.951 ha of DLC forest land and 44.269ha. of sabik kisam forest land as on 25.10.1980. Detailed land schedule of the ML area as on 25.10.1980 duly certified by Tahasildars of Barbil is at page 266-273/DP. An area of 34.669ha. of the mining lease including 21.165ha. of forest kisam land is to be maintained as safety zone in this mine. The user agency has now filed forest diversion proposal for 34.39ha. of sabik kisam forest land out of total sabik kisam forest land of 44.269ha. which is under use for different mining activities. The purpose wise break-up of this 34.39 ha of sabik forest land as on 25.10.1980 and 6.419 ha of non-forest land contiguous with the said forest patch is detailed below:
Purpose wise breakup of the 34.39 ha of Non-Forest Land recorded as "Forest" as on 25.10.1980
Table – 1
Existing land use in respect of broken up area within 34.39 ha of Non-Forest Land recorded as "Forest" as on 25.10.1980 along with Non-Forest land involved in the instant project(Area in ha)
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Broken up Broken up non- Total Broken non-forest forest land up non-forest Total Broken SL. land recorded as land recorded non-forest land Pattern of Utilization No. recorded as forest as on as forest as on recorded as forest as on 25.10.1980 25.10.1980 non-forest as 25.10.1980 located in S.Z on 25.10.1980
1 Mining including temporary 1.941 0 1.941 2.920 haul road Waste dump yard with 2 environmental protective 3.305 0 3.305 0.00 measures Sub Grade ore Stacking with 3 environmental protective 12.041 0 12.041 0.00 Measure
4 Road 1.383 0.100 1.483 0.071 Screening & Crushing Plant 5 3.144 0 3.144 1.141 Premises
6 Camp Area for Workers 1.644 0 1.644 0
7 Weigh Bridge 0.054 0 0.054 0
8 Magazine with Safety Zone 0.196 0 0.196 0
Total 23.708 0.100 23.808 4.132
Table -2 Proposed Land use of virgin non-forest land recorded as forest as on 25.10.1980 along with Non-Forest land involved in the project (Area in ha)
Virgin Virgin non- Total virgin Non-forest non-forest forest land non-forest land SL. land recorded as land recorded as Pattern of Utilization No. recorded forest as on recorded as non- forest as forest as 25.10.1980 forest as on as on on located in the 25.10.1980 25.10.1980 1 Mining including temporary haul 25.10.19802.593 Safety0 Zone 2.593 2.287 road 2 Waste dump yard with 1.079 0 1.079 0
environmental protective measures
3 Sub Grade ore Stacking with 4.137 0 4.137 0 environmental protective Measure
4 Road 0 0 0 0
5 Screening & Crushing Plant 2.773 0 2.773 0 Premises
6 Camp Area for Workers 0 0 0 0 7 Weigh Bridge 0 0 0 0
8 Magazine with Safety Zone 0 0 0 0
Total 10.582 0.00 10.582 2.287
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Table- 3 Abstract of Existing and Proposed Land use of non-forest land recorded as forest as on/ after 25.10.1980 along with Non-Forest land involved in the project
Utilisatio Proposed n pattern Broken Total Virgin Land use Virgin of total Non-forest Non-forest Broken up non-forest Change of Non-forest non- land land non-forest land Broken up land Gran forest recorded recorded SL. Pattern of land recorded recorded non-forest recorded d land as non- as non- Total No. Utilization as forest as on as forest as land as non- recorded forest as forest as (in 25.10.1980 (in on recorded forest as on as forest on on ha) ha) 25.10.1980 as forest as 25.10.1980 as on 25.10.1980 25.10.1980 (in ha) on (in ha) 25.10.198 (in ha) (in ha) 25.10.1980 0 (in ha)
6 9 10 1 2 3 4 5 7 8 (3+4+5) (7+8) (6+9)
4.246
(3.652 ha Mining from Sub including Grade ore 13.98 1 1.941 2.593 8.78 2.920 2.287 5.207 temporary Stacking & 7 haul road 0.594 ha from Waste dump yard)
0.773
(Sub Grade ore Waste Stacking dump yard with Minus 0.594 2 environme 3.305 1.079 4.563 0.00 0 0 4.563 ntal already protective proposed measures for mining out of used up waste dump yard 3.305)
Minus
Sub Grade 5.324 ore (3.652 for Stacking Mining with +0.773 for 10.85 3 12.041 4.137 10.854 0.00 0 0 environme waste 4 ntal dump + protective 0.899 for Measure Screening & Crushing Plant Plant)
Minus 4 Road 1.483 0 1.38 0.103 0.071 0 0.071 0.174 proposed for
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Screening & Crushing Plant
2.279
Screening (0.899 ha & from Sub Grade ore 5 Crushing 3.144 2.773 8.196 1.141 0 1.141 9.337 Plant Stacking& Premises 1.38 ha from waste dump)
Camp Area - 6 for 1.644 0 1.644 0 0 0 1.644 Workers
Weigh - 7 0.054 0.054 0 0 0.054 Bridge 0 0
Magazine - 8 with Safety 0.196 0 0.196 0 0 0 0.196 Zone
40.80 Total 23.808 0 34.39 4.132 6.419 10.582 2.287 9
Table-4 (Modified break up of Table-3) Proposed Land use of non-forest land recorded as forest as on/ after 25.10.1980 along with Non-Forest land involved in the project
Utilisation Broken up Virgin Broken Virgin pattern of Total Non- non-forest non-forest Non-forest Non-forest total non- forest land land land land land forest land recorded Grand SL. Pattern of recorded recorded recorded recorded recorded as non- Total No. Utilization as forest as as forest as as non- as non- as forest as forest as on (in ha) on on forest as on forest as on on 25.10.1980 25.10.1980 25.10.1980 25.10.1980 25.10.1980 25.10.1980 (in ha) (in ha) (in ha) (in ha) (in ha) (in ha)
5 8 9 1 2 3 4 6 7 (3+4) (6+7) (5+8) Mining including 1 6.187 8.78 2.920 5.207 13.987 temporary 2.593 2.287 haul road
Waste dump yard with 2 environmental 3.484 1.079 4.563 0 0 0 4.563 protective measures
Sub Grade ore Stacking with 3 environmental 6.717 4.137 10.854 0 0 0 10.854 protective Measure
4 Road 0.103 0 0.103 0.071 0 0.071 0.174
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Screening & 5 Crushing Plant 5.423 2.773 8.196 1.141 0 1.141 9.337 Premises
Camp Area for 6 1.644 1.644 0 0 1.644 Workers 0 0
7 Weigh Bridge 0.054 0 0.054 0 0 0 0.054 Magazine with 8 0.196 0.196 0 0 0.196 Safety Zone 0 0
Total 23.808 10.582 34.39 4.132 2.287 6.419 40.809
Flora and fauna:As per site inspection report of DFO, Keonjhar, the forest land applied for diversion is situated in proximity of adjoining Baitarani RF and has been depicted as “Open Mixed jungle mainly Sal” on concerned Toposheet. Therefore, the condition of vegetation has been treated at par with the adjoining Baitarani Reserved Forest. The adjoining Reserved forests come under the group 3C/C2e(iii) Moist Peninsular Valley Sal. The prevailing vegetation consists of Sal and its associates. The principal associates of Sal(Shorea robusta) includes Terminalia alata, Lagerstroemia perviflora, Anogeissus latifolia, Terminalia belerica, Syzygium cumini, Mangifera indica, Schleichera oleosa, Adina cordifolia, Pterocarpus marsupium, Bombax ceiba, Bridelia retusa, Madhuca indica.The middle storey is represented by Syzygium cumini, Ougeinia ougenensis, Careya arborea, Treama orientalis, Emblica officinalis, Cassia fistula etc. The shrubs and undergrowth arecharacterized by Indigofera pulchella, Ardisia solenacea, Flemingia chhapar, Helicteres ixora and Clerodendron viscosum etc. The prevailing climbers include Bauhinia vahlii, Combretum decandrum and Beutea parviflora. The grasses over the Forest floor include Chrysopogon aciculatus, Imperata cylindrica, Dicanthium carricosum, Cynodon dactylon etc(Page-325/DP).
It has been reported that the canopy density of the prevailing forest growth in the adjoining Reserved Forest varies from 0.2 to 0.8. The average density is about 0.4. The prevalence of pole crop to middle aged Sal crop in this area indicates the shifting cultivation in the past and the crop can therefore be considered to be of secondary origin. But the secondary moist deciduous forest replacing primary forest of the same type is not differentiated as almost all the primary forests have been practically influenced by human interference. The prevailing forest growth & structure of the forest crop in the proposed non-forest land recorded as forest is categorised as “open mixed jungle mainly Sal” and reported to be ofEco Class-I forest type with canopy density of 0.3 (Page-P2/DP). It has also been reported by DFO, Keonjhar that soil erosion is likely to increase because of felling of trees in the undulating topography.
The village forest land and DLC forest land along with the non-forest land recorded as "Forest", involved in the mining lease situated adjacent to the “Baitarani Reserved Forest” is the dwelling habitat for Leopard (Panthera pardus), Bear(Melursus ursinus), Barking Deer(Muntiacus muntjack), Hyena(Hyena hyena), Porcupine (Hystrix indica) etc. Occasional visit of wild elephants used to be witnessed in the applied forest land and adjoining RF. The applied site falls under elephant habitat Zone- 2 as mentioned by ORSAC, Bhubaneswar(Page-326/DP).
Tree Enumeration:Tree enumeration has been carried out over the total forest land of 34.39 ha proposed for diversion. In all, 244 nos. of sound trees,399 nos. of unsound trees above 30 cm girth and 230 nos. of poles below 30 cm girth have been enumerated inside the 34.39 ha. proposed for diversion. The species wise and diameter class wise abstract of enumerated trees is enclosed asAnnexure – XVat Page-297 to 297/A/DP.In view that 24.446ha. of forest land already diverted, 112.73ha. of broken DLC land allowing for mining up to the end of lease period and 34.39ha. of sabik kisam forest land now proposed for diversion, the vegetation over the remaining forest land i.e. 130.836ha.(302.402ha.- 24.446ha.-112.73ha.-34.39ha. ) including the forest land in safety zone is to be protected and preserved by the lessee at their cost. Tree enumeration of such forest land shall be taken up by the DFO, Keonjhar for facilitating the lessee in this context. DFO, Keonjhar shall maintain strict vigil to ensure that no illegal activities take place on such undiverted forest land and vegetation over such forest land remains intact.
Wild Life Management Plan:The Site Specific Wildlife Conservation Plan prepared by the User Agency has been approved by the PCCF, (Wildlife) & CWLW, Odisha (Page-348-349/DP) with a financial outlay of Rs. 379.59 Lakh (Rs. 87.71 Lakh for executing the components of approved Plan in the project area by the User Agency and Rs. 291.88 Lakhs for executing the approved components of Plan in the project impact area by the DFO, Keonjhar Division). The User Agency has deposited Rs. 291.88 lakh in Adhoc-CAMPA through RTGS vide UTR No.SBINH14051323278 on dated 20.02.2014 (Page-350-352/DP).
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Further, the User Agency has also deposited the proportione cost for implementation of Regional Wildlife Management Plan over the lease hold area of 335.594 ha as per the revised norm fixed by Govt. @ Rs.43,000/-per ha. on ML area basis in different phases as per the details given below:
Amount @ Rs.15,000/- 67,11,880/- Through DD No.123793dt.25.07.09 Differential amount of revised norm @ 20,13,564/- Through RTGS dt. 20.02.2014 Rs.26,000/- (UTRNo.SBINH14051323412) Differential amount of revised norm @ 57,05,098/- Through RTGS dt. 05/112015 (UTR Rs.43,000/- No.PUNBR52015110510007012) Total 1,44,30,542/-
The payment details of the Regional Wildlife Management Plan are enclosed at page-353 to354/DP.
Compensatory Afforestation: It has been reported that an extent of 92.3730 ha of non-forest Govt. land has been allotted by the district administration in village Tana under Banspal Tahasil of Keonjhar district in favour of Balda Block Iron Mines of M/s Serajuddin & Co. for raising Compensatory Afforestation (Annexure – XVI, 301-302/DP). Out of the said 92.3730ha. of allotted non-forest land, 34.39ha. of land as per land schedule given below is proposed to be used for raising compensatory afforestation against the instant proposal for diversion of 34.39ha. of sabik kisam forest land.
Tehsil Village Khata No. Plot No. Area Kisam Bansapal Tana 75 722(p) 3.65 ha. Hudi 723(p) 14.74ha. Hudi 724 16.00ha. Hudi Total 34.39ha. The non-encroachment/ non-encumbrance certificate of Tahasildar, Bansapal and suitability certificate of the DFO, Keonjhar for identified/allotted CA land is given at page 302/DP. Compensatory Afforestation Scheme in ANR mode of Plantation of 400 plants per hectare has been prepared by DFO, Keonjhar with a total financial forecast of Rs.31,59,900/- @ current wage rate of Rs. 200/- per manday with maintenance cost of 10 years. The species selected to be planted under the scheme are Amla(Emblica officinalis), Neem (Azadirachta indica), Bahada(Terminalia belerica), Karanja(Pongamia pinnata), Jamu(Sizium cumini), Gambhar(Gmelina arborea), Dhaura(Anogeissus latifolia), Harida(Terminalia belerica) etc. The Addl. Pr. CCF(Forest Diversion)& Nodal Officer, FC Act has accorded technical approval to both the CA schemes. Copy of duly approved CA schemeis appended to the DP page 303-317/DP . The user agency shall provide the funds with Adhoc-CAMPA for execution of CA scheme by State Forest Department.
Cost benefit analysis: The Cost Benefit analysis has been worked out as per the guide lines of Forest (Conservation) Act, 1980 and enclosed in the proposal atAnnexure- XV(A),page-298-300/DP. Total loss has been evaluated atRs.59,35,616/- whereas total benefit notwithstanding loss of forest to be accrued from the project has been estimated at Rs.400 Crore. Hence, the Cost Benefit ratio comes to 1: 673.89. Safety Zone: The mining lease granted/executed over 335.594 ha during 2nd RML period involves 302.402 ha of forest land which includes 38.182 ha of Village Forest, 219.951 ha of DLC Forest land and 44.269 ha of Non-Forest land recorded as “Forest” as on 25.10.1980. The total non-forest land involved in the mining lease is 33.192 ha. The total forest land located in the safety zone is 21.165 ha. Similarly total non-forest land located in the safety zone is 13.504 ha.The details of forest and non-forest land located in the safety zone of the mining lease is furnished hereunder:
DETAILS OF SAFETY ZONE AREA (Area in ha)
Non- Village DLC Non-Forest land Grand SL. Sub Forest Item Forest Forest recorded as Forest Total No. Total Land as on 25.10.1980
7.5 mtrs width all along the Mining 1 0.263 3.265 0.720 4.248 1.848 6.096 lease Boundary
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50 mtrs width along both sides of 2 5.699 4.824 2.802 13.325 8.016 21.341 Express Highway
10 mtrs width along both sides of 3 0.00 0.00 0.000 0.000 0.298 0.298 village Road
50 mtrs width along both sides of 4 0.00 0.532 1.789 2.321 1.125 3.446 Perennial Nala
Area covered under Road for Public 5 0.187 0.085 0.562 0.834 1.984 2.818 use
Area covered under Nala for Public 6 0.000 0.000 0.437 0.437 0.233 0.670 use
GRAND TOTAL 6.149 8.706 6.310 21.165 13.504 34.669
The user agency is therefore required to maintain the earmarked safety zone over 34.669ha in the leasehold area. Besides, 1.5 times of forest area in safety zone is also required to be afforested and maintained by user agency in degraded forest land elsewhere. Environmental Clearance:The User Agency has obtained Environmental Clearance for production of 15.15 Million ton of Iron ore in this mine from Govt. of India, MoEF vide their letter No. J-11015/18/2012-IA.II (M) dt.19.11.2013.The copy of the approved Environmental Clearance is enclosed as Annexure- III,page-3-12/DP. The State Pollution Control Board, Odisha has granted Consent to Operate vide letter No.2402/IND/I-CON-2183 dated .05.02.2016which is valid up to 31.03.2020.The Copy of the Consent Order is enclosed as Annexure – XIV,page-283-296/DP.
Phased Reclamation Plan:Concurrent Reclamation has not been taken up. However, it has been reported that two OB dumps have been stabilised (Page-326/DP). The User Agency has furnished an undertaking vide Annexure- VIII,page- 251/DP to undertake concurrent reclamation of mined out pits through back filling followed by afforestation as per the approved Concurrent Reclamation Plan. Copy of Phased Reclamation Plan is attached at page 275-282/DP.
Resettlement and Rehabilitation:It has been reported that this project does not involve displacement of human habitation. Hence R&R Plan is not necessary.
Lease Profile: The lease profile of lessee is enclosed as Annexure- IX, Page No.252/DP.
Mining Plan/ Mining Scheme:Scheme of mining with Progressive Mines Closure Plan has been approved by IBM in letter No.314(3)/2011-MCCM(CZ)/MS-47 dated.27.4.2012(page 232-234/DP). As reported by lessee in Part I of application form, there is an estimated reserve of iron ore of 249Million tonnes. Considering 15.15MTPA of production of minerals, the life of mines is said to be 17 years. Copy of approved Mining Scheme with PMCP is enclosed in a separate volume.
Others: Net Present Value is applicable to this project. After identification of 44.269 ha of non forest land as “Forest” as on 25.10.1980, the total forest land involved in the mining lease comes to 302.402 ha (38.182 ha of Village Forest, 219.951 ha of DLC forest land and 44.269 ha of Sabik Kisam forest land identified as forest out of non-forest land as on 25.10.1980). The User Agency has deposited Net Present Value for the entire forest land of 302.402 ha as demanded by the DFO, Keonjhar from time to time. The details of the NPV deposited by the User Agency are mentioned below:
SL Forest Area Eco Canopy Applicable NPV DD/RTGS Receipt No & No. (in ha) Class Density Rate Deposited Dt. (in Rs.) (in Rs.) 1 1.607 I 0.05 5,80,000/- DD No.940857 dt. 1,80,61,310/- 2 22.839 I 0.2 7,50,000/- 26/10/09
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3 258.133 (Rs. 7,30,000/- ha over 258.133 ha – NPV already realised to
7,30,000/- the tune of Rs. I 0.2 17,03,75,780/-
1,80,61,310 DD No.182079 dt.26/07/10 irrespective of per ha NPV amount demanded earlier)
4 Interest on belated RTGS dt.08/03/14 vide payment of NPV - - - 8,82,220/- UTR No.SBINH14067310743 5 NEFT dt.13/07/16 vide 44.269 I 0.3 7,30,000/- 3,23,16,370/- UTR No.UCBAH16195027012 Total 302.402 22,16,35,680/-
The copy of the demand notice issued by the DFO, Keonjhar from time to time and payment details are enclosed as Annexure- XXII, page-340-347/DP. The User Agency has submitted an undertaking to pay additional NPV, if so determined later enclosed at page-251/DP.The Basic Information in respect of Keonjhar Forest Division, Keonjhar district and State of Odisha duly authenticated by Addl. PCCF(Nodal)have been furnished at page 323-323B/DP.The Site Inspection report of the Divisional Forest Officer, Keonjhar is at page 324-330/DP.
Certificate Under Forest Right Act:The total forest land involved in the mining lease after identification of Sabik Kisam forest land (as on 25.10.1980) is 302.402 ha (38.182 ha of Village Forest, 219.951 ha of DLC forest land and 44.269 ha of Sabik Kisam forest land).As per MoEF&CC guidelines dt. 3.8.2009 and subsequent guidelines issued thereafter, the certificate in prescribed format for 258.133 ha of forest land comprising of 38.182 ha of Village Forest and 219.951 ha of DLC forest landwas issued earlier by the Collector, Keonjhar vide letter No.148 dt. 25/01/2014 (Annexure-XII,page- 274/DP). The copy of the Gram Sabha resolutions of Balda village dt. 6.12.2012 for 219.777ha, Badakalimati dt. 10.10.2012 for 5.908ha. and Nayagarh dt. 8.8.2013 for 32.448ha. both in English and vernacular language along with copy of proceeding of the meeting of District Level Committee dt. 24.12.2013 are enclosed in a separate volume(Vol- 2).However, the FRA compliance in respect of the 44.269ha. of sabik kisam forest land as on 25.10.1980 including the 34.39 ha ofsuch forest land proposed for diversion under this proposal, has not yet been submitted by the Collector, Keonjhar. Therefore the Collector, Keonjhar shall furnish required FRA compliance pertaining to 44.269ha. of sabik kisam forest land as on 25.10.1980(non-forest land in hal record) in this lease before obtaining Stage-II forest clearance for the instant forest diversion proposal. (i) Violation& Action Taken thereof:
The following violation have been reported in the Site Inspection Report of DFO,Keonjhar Division (Page-324- 330/DP).
1. Illegal mining over 0.5 ha of DLC virgin forest land in Block- F between ML Pillar No. 4 to Pillar No. 8. 2. Unauthorised breaking of DLC forest land located in Safety Zone over 0.1186 ha between boundary pillar No. 9 to 11 and pillar No. 37 to 39 adjoining Block- F. 3. Illegal dumping of Over Burden over 0.988 ha of DLC forest land adjoining Block – C. 4. Illegal mining over 0.207 ha of DLC virgin forest land in Block– D between ML Pillar No. 13 to Pillar No. 15. 5. Illegal mining over 0.522 ha of DLC virgin forest land adjoining Block– B. 6. Illicit felling of 20 nos. of Sal and Misc. poles of size 60 cm to 90 cm girth outside the mining lease within 20 meters of the lease boundary near ML pillar No. 9 and 10. 7. Un-scientific management of OB dumps with slope 270 to 450 and height greater than 30 mtrs in all the dumps. 8. Non-reclamation of mined out pits against the stipulated conditions of concurrent reclamation. 9. Non-demarcation of different categories of forest land i.e. Village Forest, DLC forest involved in the mining lease.
Action Taken
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One Forest Offence case has been booked against the user agency vide OR No.180CH of 2011-12.Prosecution has been sanctioned and submitted in the Court of JMFC, Barbil vide PR. No. 17 of 2012-13. The Case is sub-judice. Observation of Hon’ble Shah Commission and Action taken thereof Observation – The lessee had carried out mining activities in excess DLC forest area to the extent of 30.00 ha based on satellite imagery in the mining lease.
Action taken – As reported by the DFO,Keonjhar Division, field verification taken up immediately after the Commission’s observation confirms the encroachment to the extent of 3.287 ha and the Collector, Keonjhar has been requested to take legal action as deemed proper vide letter No. 679 dt. 30.01.2014 and No. 2233 dt. 31.03.2014 of the DFO, Keonjhar Division. Action taken report is awaited from the Collector, Keonjhar. The above violations are reported by the DFO, Keonjhar Division at Annexure-XXI,page-328/DP.As the lessee has violated the provisions of FC Act, 1980, Government of India, MoEF&CC may take into account the above acts of violations committed in this lease and penal measures as deemed proper may kindly be imposed for compliance by the lessee.The State Govt. has submitted this proposal subject to the following stipulation: A) The user agency shall undertake demarcation of the lease area on the ground posting four feet high cement concrete pillars embedded two feet inside the soil with serial number, forward and backward bearings, and distance from pillar to pillar. The user agency shall also submit the map of lease area showing different kinds of forest land using DGPS survey data and latitude and longitude of each pillar to the Divisional Forest Officer, Keonjhar for his reference before commencement of work on final forest clearance. B) Collector, Keonjhar shall furnish required FRA compliance pertaining to 44.269ha. of sabik kisam forest land as on 25.10.1980(non-forest land in hal record) in this lease before obtaining Stage-II forest clearance for the instant forest diversion proposal. C) User agency shall maintain and protect the safety zone as per para 4.7 of FC Act guidelines at their cost. D) Land schedule authenticated by Tahasildar concerned pertaining 34.39ha. of sabik kisam forest land duly countersigned by DFO, Keonjhar shall be furnished. E) Phased reclamation Plan appended to the DP shall be approved by competent authority for implementation by lessee at project cost. F) Land use plan of the ML area of 335.594 ha. indicating forest land already diverted, broken up DLC forest and non-forest land, sabik kisam forest land now proposed for diversion, virgin forest/DLC/sabik forest/non-forest shall be furnished. G) Penal measures as would be imposed by MoEF&CC, shall be complied by the user agency. H) Phased reclamation plan shall be approved by competent authority for implementation at project cost. I) SoI topomap (Plate I) has not been authenticated by DFO, Keonjhar. This shall be complied with. J) SoI topomap(Plate IX(A) showing CA land has not been authenticated by DFO, Keonjhar and Tahasildar, Bansapal. This shall be complied with. K) The user agency shall provide the funds with Adhoc-CAMPA for execution of CA scheme by State Forest Department. The facts related to the above proposal was placed before Forest Advisory Committee (FAC) in its meeting held on 9th & 10th November, 2016. After thorough deliberation in the said FAC meeting, FAC recommended the proposal for clearance under Forest (Conservation) Act, 1980 with general, standard and following specific conditions- (i) The user agency shall pay additional NPV at the rate 20 per cent for each year since the violation of Forest (Conservation) Act 1980 has commenced. (ii) User agency shall raise penal CA equivalent to the land utilized in violation of provision of Forest (Conservation) Act 1980
However, FAC further observed that the proposal file shall be placed before Competent Authority for approval on receipt of following information: i. State Government shall submit original certificate of complete compliance of FRA.2006. ii. For compensatory afforestation (CA) equivalent non-forest land (NFL) is to be earmarked and plantation has to be raised @1000 plants/ha, of forest land diverted. On analysis through DSS it is found that some area of the proposed non forest land for CA is having moderately dense vegetation over it, therefore 1000 plants/ha cannot be planted. The proposed non forest land for CA shall be accepted provided the number of plants which are not possible to be planted on proposed land, shall be planted on degraded forest land (crown density upto 40 % as per Forest Survey of India report) identified by the forest department. State Government shall identify degraded forest land (DFL) within its administrative control and submit the location of area and 94 | P a g e
shape file with possible number of plants to be planted in the proposed degraded forest land. The compensatory afforestation scheme shall be for 1000 plants/ha of the forest land diverted under this proposal including maintenance cost for 10 years. The State Government shall submit the revised CA scheme. iii. State Government shall submit latest status of court cases related to violations pending in different Courts iv. FAC took a serious note of the observation of the State Government that the user agency has violated the provisions of FC Act and change the land use of the forest land diverted without approval of competent authority. It is observed by the FAC that the user agency had violated the conditions stipulated in the approval by MoEF&CC vide letter no. 8-17/2001-FC dated 22.04.2004, for diversion of forest area within the same mining lease. User agency had been found to deviate from the approved land use plan. This speaks about the credibility of the user agency in observing the conditions imposed by this Ministry while granting permission for diversion of the forest land under Forest Conservation Act, 1980. The MOEF&CC may request the Regional Office (Eastern Zone) Bhubaneswar to initiate proceedings in accordance with the provision of section 3A and 3B of the Forest Conservation Act, 1980 and file complaint in the court having jurisdiction in matter against officials prime facie found guilty for changing the land use of the diverted forest land without approval of competent authority.
Taking into consideration the above recommendation of FAC, the State Government vide this Ministry’s letter dated 20.12.2016 was requested to submit information as indicated above to this Ministry for further action. No information has been received in this regard from State Govt. of Odisha. 11. Further, a meeting was held under the Chairmanship of DGF&SS to discuss the issue regarding extension validity of permission granted vide letter F.No 8-119/96-FC (pt.) dated 12.03.2012 to Balda Block Iron Ore Mines of M/s Serajuddin & Co under Keonjhar Forest Division in Odisha.In the said meeting, the following observation made: (i) It was observed that M/s Serajuddin & Co was accorded final forest clearance for diversion 24.446 ha of forest land in respect of Balda block Iron Ore mines of M/s Serajuddin & Co. Under Keonjhar Forest Division in Odisha on 11.12.1998 for a period of 10 years. However the lease deed executed between the state government and user agency on 21.06.1999 in course of the renewal of mining lease states that validity of this lease is upto 2.12.2017.Since the earlier GOI clearance order is valid for 10 years, this ministry vide their letter dated 25.3.2009 have made the above period of forests clearance in this lease co- terminus with the period of mining lease granted under MMDR act 1957 i.e from 3.12.1997 to 2.12.2017.. (ii) It was reported by the State Government that the total mining lease area of 335.594 ha was comprising of 38.182 ha. Of forest land and 297.412 ha. Of non-forest government land. (iii) However, in view of the order dated 12.12.1996 of the Hon’ble Supreme Court of India in W.P. (C) No. 202/1996, 219.951 ha. of non-forest government land was considered to be treated as DLC land. (iv) Thus in the changed scenario the status of different kind of land in this mining lease of 335.594 ha. of area became 258.133 ha. of forest land (38.182 ha. of forest land + 219.951 ha. DLC forest land) and 77.461 ha. of non-forest government land. (v) Out of 219.951 ha. of DLC forest land 112.73 ha. of DLC forest land is reportedly broken up prior to 1980 in this lease in course of working of the mines. (vi) Based on the clarification issued by the CEC and subsequent clarification dated 07.07.2011 the lessee was allowed to work over broken up DLC forest land till the expiry of existing mining lease i.e. till 02.12.2017 vide MoEF & CC letter no. 8-119/96-FC(pt.) dated 12.3.2012 and dated 5th May, 2016. (vii) It is reported that the user agency has deposited 18,84,37,090 Rs. as NPV for entire area as per the Ministry’s guidelines F.No.8-78/1996-FC(pt.) dated 10.03.2015 (viii) As per amended provision of MMDR Act and MoEF&CC guidelines F.No.11-51/2015-FC dt. 1.4.2015/1.5.2015 the period of validity of mining lease has been extended up to 2020.Itt was informed that the supplementary deed was executed on 1.12.2017. (ix) User agency had requested to allow mining over broken DLC area i.e. 112.73 ha upto 2020 instead of 02.12.2017. (x) The special Secretary forest Odisha informed that since the lease has been extended up to 2020 for the entire area, the user agency may be allowed to work in the broken up DLC land till 2020. He further stated that user agency had already deposited NPV amount for the entire area and since the area is broken prior to 1980 so CA will not be applicable.As per the joint verification report dated 16.12.1998 by mining and forest officials,112.73 ha land was found to be broken prior to 25.10.1980. (xi) It was informed that at present the user agency is working only over 24.446 ha of forest land which has been diverted under the provision of FCA, 1980, and over broken up sabik forest land. It was further informed that the user agency has been allowed to work on broken up sabik forest land based on the direction on Hon’ble High Court. The work in 112.73 ha DLC forest land beyond 2.12.2017 has been stopped by the order of DFO. (xii) During discussion it was observed that the user agency has moved a case against the order of DFO in which MoEF&CC is also a party. In this regard AIG(FC) informed that Ministry had already approved reply affidavit and the same has been forwarded to Regional Office for further action. The Ministry has taken following stand in this
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particular case.
That on the direction of the Hon’ble Supreme court and on the recommendations of Central Empowerment Committee, here is after referred as (C.E.C) due to peculiar situation in case of DLC forest land which was identified as forest after the mining was started, considering the land as non forest land, the permission to continue mining in broken part of D.L.C was a kind of Temporary working permission to avoid abrupt halt in the mining operations provided all statutory clearances which included forest clearances under Forest Conservation Act, 1980 is obtained. The user agency has not so far applied for the forest clearance for the entire DLC forest land within the lease till date and is continuing mining operations without statutory clearances. (xiii) DFO Keonjhar informed that the user agency has withdrawn the case. (xiv) In order to get more clarity to the CEC recommendation, the matter of allowing a lessee to work over broken DLC land of lease hold area, the matter was referred to CEC. The CEC in their letter dated 7.7.2011 have further clarified that working in the broken DLC land has been decided to be allowed to be continued only in respect of those leases where government of Odisha at the time of processing and /or approving the proposals under FC Act and /or MMDR Act treated such areas as non forest land and during the validity of the lease period for which such view is taken. (xv) From the clarification date it is clear that CEC had taken the decision prior to amendment of MMDR act vide which the validity of lease has been increased up to 2020 (xvi) The FCA guideline 3.2 (viii)d states that “no compensatory afforestation shall be insisted upon in respect of the Cases of renewal of mining lease, for the forest area already broken/used for mining, dumping or overburden, construction of roads, ropeways, buildings, etc. For the balance area, compensatory afforestation shall be required to be done as stipulated, provided that no compensatory afforestation had been stipulated and done in respect of this area at the time of grant/renewal of lease earlier”.
Decision Taken in the meeting chaired by DGF&SS (xvii) After thorough deliberation and discussion, it was observed that the user agency is working on broken up DLC land since 1997 without approval under FCA 1980.Intially when the proposal was consider for grant of approval of diversion of forest land of 24.446 ha out of total lease of 335.594 ha, the land in question i.e DLC land was treated as non forest land. This permission to work over broken up DLC land with in total mining lease was given after the clarification in this regard was received from CEC on 7.7.2011.At the time of clarification the lease period was up to 2.12.2017.Now a peculiar situation had arised in this case, as the amended provisions of MMDR Act 2015 had extended the lease period up to 2020 and it seems that this tenure of extended lease period was not envisaged by CEC at the time of clarification. The NPV for entire area has been paid. Further the special Secretary forest Odisha informed that As per the joint verification report dated 16.12.1998 by mining and forest officials,112.73 ha land was found to be broken prior to 25.10.1980 and since the area is broken prior to 1980 so CA will not be applicable as per FCA guidelines 3.2(viii).It states that
No compensatory afforestation shall be insisted upon in respect of the following d) Cases of renewal of mining lease, for the forest area already broken/used for mining, dumping or overburden, construction of roads, ropeways, buildings, etc. For the balance area, compensatory afforestation shall be required to be done as stipulated, provided that no compensatory afforestation had been stipulated and done in respect of this area at the time of grant/renewal of lease earlier. During discussion it was also noted that the total mining lease also contain 34.39 ha of sabik kisam forest land.The proposal for diversion of the SABIK LAND was discussed by FAC on 9th and 10th Nov 2016 . FAC had recommended the proposal with general, Standard and following specific conditions 1. The user agency shall pay additional NPV at the rate 20 per cent for each year since the violation of Forest (Conservation) Act 1980 has commenced.
2. User agency shall raise penal CA equivalent to the land utilized in violation of provision of Forest (Conservation) Act 1980.
However FAC further observed that the proposal file shall be placed before Competent Authority for approval on receipt of following information:
1. State Government shall submit original certificate of complete compliance of FRA.2006.
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2. For compensatory afforestation (CA) equivalent non forest land (NFL) is to be earmarked and plantation has to be raised @1000 plants/ha, of forest land diverted. On analysis through DSS it is found that some area of the proposed non forest land for CA is having moderately dense vegetation over it, therefore 1000 plants/ha cannot be planted. The proposed non forest land for CA shall be accepted provided the number of plants which are not possible to be planted on proposed land, shall be planted on degraded forest land (crown density upto 40 % as per Forest Survey of India report) identified by the forest department. State Government shall identify degraded forest land (DFL) within its administrative control and submit the location of area and shape file with possible number of plants to be planted in the proposed degraded forest land. The compensatory afforestation scheme shall be for 1000 plants/ha of the forest land diverted under this proposal including maintenance cost for 10 years. The State Government shall submit the revised CA scheme. 3. State Government shall submit latest status of court cases related to violations pending in different Courts. 4. FAC took a serious note of the observation of the State Government that the user agency has violated the provisions of FC Act and change the land use of the forest land diverted without approval of competent authority. It is observed by the FAC that the user agency had violated the conditions stipulated in the approval by MoEF&CC vide letter no. 8-17/2001-FC dated 22.04.2004, for diversion of forest area within the same mining lease. User agency had been found to deviate from the approved land use plan. This speaks about the credibility of the user agency in observing the conditions imposed by this Ministry while granting permission for diversion of the forest land under Forest Conservation Act, 1980. The MOEF&CC may request the Regional Office (Eastern Zone) Bhubaneswar to initiate proceedings in accordance with the provision of section 3A and 3B of the Forest Conservation Act, 1980 and file complaint in the court having jurisdiction in matter against officials prime facie found guilty for changing the land use of the diverted forest land without approval of competent authority
The above recommendations of FAC was conveyed to the state government vide letter 8-39/2016-FC dated 20th December 2016.The compliance of it is still awaited. 12. Taking all the above matter into consideration it was decided that the user agency may be allowed to work over broken up DLC land up to the end of extended lease period i.e. up to 31.3.2020 as per amended provision of MMDR Act, 2015 and MoEF&CC guideline 11-51/2015-FC dt 1.04.2015, 1.05.2015 subject to the condition that the compliance of FAC recommendations as conveyed vide letter number 8-39/2016-FC dated 20th December 2016 is submitted by the state government to MoEF&CC.
13. GIS-DSS analysis of Broken forest land in the Balda Block Iron Mines of M/s Serajuddin & Co. 1. In view of above mentioned proposal, the Shape file/ KML file of various boundaries like Forest land, DLC forest and Mining lease boundaries are not provided by the User agency/ State Government and these boundaries have been prepared by using the GIS software and DGPS map attached in the file. 2. After preparing the above mentioned boundaries, the ML area of M/s Serajuddin & Co. has been analyzed by using GIS tools and their results are as under: i. The total ML area of Balda Block Iron Mines of M/s Serajuddin & Co is found 343.981 Ha. whereas in the records 335.594 ha is mentioned as ML area. Thus, there is discrepancy of 8.387 Ha. area is observed in the ML area. ii. The details of broken up Forest land in the Balda Mining lease are as under:
Broken up Forest Area including DLC and Sabik S. No. Satellite Image for the Year land in Ha. 1 21/12/2010 141.7 2 29/05/2014 35.2 3 18/02/2016 9.25 Total 186.15 Ha area found broken The file for soliciting the approval of competent authority for para (12) above was processed on which it has been decided to place the matter in FAC for appropriate examination and recommendation. ****
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